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Minutes of the GNSO Council Meeting 24 July 2014

Last Updated:
04 September 2014

Agenda and Documents

The meeting started at 11:04 UTC.

List of attendees: NCA – Non Voting – Jennifer Wolfe

Contracted Parties House
Registrar Stakeholder Group: James Bladel, Volker Greimann, Yoav Keren

gTLD Registries Stakeholder Group: Jonathan Robinson, Bret Fausett, Ching Chiao
Nominating Committee Appointee (NCA): Thomas Rickert

Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Tony Holmes – absent proxy to Osvaldo Novoa, Osvaldo Novoa, Gabriella Szlak, John Berard, Brian Winterfeldt, Petter Rindforth

Non Commercial Stakeholder Group (NCSG): Klaus Stoll, David Cake, Avri Doria, Magaly Pazello, Amr Elsadr, Maria Farrell

Nominating Committee Appointee (NCA): Daniel Reed

GNSO Council Liaisons/Observers:
Alan Greenberg – ALAC Liaison
Patrick Myles – ccNSO Observer – absent apologies

David Olive – VP Policy Development 
Marika Konings – Senior Policy Director
Rob Hoggarth – Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Director SSAC Support/Policy Director
Steve Chan – Senior Policy Manager
Berry Cobb – Policy consultant
Lars Hoffmann – Policy Analyst
Glen de Saint Géry – GNSO Secretariat
Cory Schruth – Manager, Meetings Technical Services

Maguy Serad – VP, Contractual Compliance Services
Paul Redmond – Director, Contractual Compliance

MP3 Recording
Adobe Chat Transcript

Item 1: Administrative matters

1.1 Roll Call

1.2 Statement of interest updates

No updates

1.3 Review/amend agenda

1.4. Note the status of minutes for the previous Council meeting 25 June 2014 are not yet reviewed.

Item 2: Opening Remarks / Review of Projects & Action List

Matters arising from the review of Projects List and Action List.

Planning for the Los Angeles meeting

The next GNSO Council Development session will be held on Friday 17 October - Council members that are continuing after the LA meeting as well as newly elected Council members are requested to mark this date in their calendars.

Jonathan Robinson  to invite SG/C leaders to attend opening session and provide introduction to SG/C workings similar to meeting in Buenos Aires.

Jonathan Robinson to invite GNSO elected Board Members to attend opening session and provide introduction to their role and responsibilities on the Board

Transition of NTIA's Stewardship of the IANA Functions
CSG participant needed for the drafting team

SSAC liaison to the Council is still open

IDN Variants

Jonathan Robinson to write note to Ram Mohan (draft to be provided by Mary Wong) to follow up on discussions in London.

Strategic plan:  the Council decided not to provide input.

Whois Requirements under National Law

Highlights from the discussion:
The question was posed as to what if anything is staff doing to address the multi-jurisdictional nature of participants in ICANN's processes over and above the current exemption procedure?

A clarification was provided (from a Registrar Councilor) that whilst the issue is important to Registrars but it does not necessarily imply that the Council needs to be involved.

Staff will review the comments received and possibly come up with a new proposed implementation of the original policy recommendations which would be returned to the GNSO Council for a review before a final implementation thus providing further opportunities to provide feedback from a Council and the broader community.

Thomas Rickert volunteered to lead any further action on the topic if this was needed, but there was no overwhelming support at this time for such action.

Reply comments may be submitted until 1 August.

GNSO Council Liaison to Thick Whois Implementation Review Team

Amr Elsadr confirmed as the Council liaison to the Thick Whois Implementation Review Team

Issues for the SCI – voting thresholds

Avri Doria and Alan Greenberg volunteered to scope out the issue of voting thresholds in relation to implementation changes to adopted PDP recommendations for Council review. The Council will consider at a future meeting whether or not to refer this item to the SCI for further review.

Issues for the SCI – amendments to motions JonathanRobinson volunteered to lead the discussion on common understanding of amendments to motions on the Council list as well as the role of the maker & seconder of motions. The Council will consider at a future meeting whether or not to refer this item to the SCI for further review.

Facilitation Training (ICANN Academy)
Thomas Rickert to send a note on facilitation training and request for SG/Cs to nominate participants.

Expert Working Group Final Report

In addition to the action item, anyone who has been following the work of the Expert Working Group may want to see if there is anything that the Council, as opposed to Stakeholder Groups and constituencies, should be seeking clarification on and how the Council may take up the work going forward.

Cross Community Working Group (CWG) on Internet Governance Charter

It was suggested that a charter should be circulated at the same time with the same language, to all of the potential chartering organizations.

Jonathan Robinson to write a note to Olivier Crepin-Leblond informing him that the Council has discussed the topic and will be paying attention to this in the weeks ahead.

Charter to be recirculated and, if appropriate, a motion proposed to act on charter.

Item 3: Consent agenda


Item 4: MOTION – A proposed modification of the GNSO's consensus recommendations relating to IGO acronyms and Red Cross identifiers

Jonathan Robinson noted that on 16 June 2014 the NGPC sent a letter to the GNSO Council requesting that the GNSO consider modifying its recommendations relating to the duration and mechanism of protection for IGO acronyms and national society names of the Red Cross. This modification should be in accordance with and as envisaged by Section 16 of the GNSO's PDP Manual.

Thomas Rickert provided the Council with a brief overview of the issue and drew attention to a posting on the Council mailing list where he proposed dividing the discussion as follows:

- getting a better understanding and clarity on how to invoke a procedure that the Council has never invoked before

- the substance of the motion itself.

Mary Wong referred to the briefing note provided to Council to clarify the procedural issues. It was noted that the working group cannot reopen discussions on  substantive issues that are not within the scope of the proposed modification and certainly not reopen issues that were discussed in the original working group if those are not within the scope of these amendments. A distinction needs to be made between what the Council can do and what the working group can do. The Council can do what it deems appropriate, however, the Working Group's discussion is limited to the scope of the proposal sent by the Council.

Discussion followed and the question was asked why it is treated as a new gTLD issue when in fact it applies to incumbent TLDs as well. It was emphasized that the recommendations that Council would refer back to the Working Group should have the full support of the Council with a super majority.

Thomas Rickert formally withdrew the motion and explained that the substance of the motion needs further information and for that reason the motion could not simply be deferred. To obtain this, the New gTLD Program Committee (NGPC) has been requested to inform the Council about their reflections and exchange of information with the Government Advisory Committee (GAC).

Action Items:

  • Formulate an appropriate set of questions to submit to the New gTLD Program Committee (NGPC).
  • Councilors to send questions to the Council mailing list to be collated and communicated to the NGPC.
  • Proposal to invite the NCPC to an intercessional or to the next scheduled Council meeting to interact with the Council.

Item 5:Update – On the Uniformity of Reporting Final Issue Report Resolution

Maguy Serad provided Council with an update regarding an approved resolution as a result of the Final Issue Report on Uniformity of Reporting (a recommendation from RAPWG).

Council agreed that no additional work was needed.

Action item:

Propose a motion to close the Uniformity of Reporting work for the next Council meeting.

6: UPDATE – A cross-community working group to develop a transfer process for the IANA stewardship role

James Bladel, member of the NTIA IANA Functions' Stewardship Transition Coordination Group, who attended its first face-to-face meeting held in London on 17-18 July 2014, provided Council with a brief update. A number of self-organizing administrative functions were discussed such as establishing a charter, a draft timeline and leadership roles.

The GAC delegation was increased from two to five members, on the understanding that this group would not be formulating the proposal, but rather managing the process of reconciling, setting the timeframes and required elements for the proposals that would be developed within the various communities and would provide a synthesis to the NTIA.

James Bladel remarked that the timeline of December 30, 2014, for finalized proposals, was aggressive. All documentation is available on the microsite. James observed that the naming community, particularly the ccNSO, GNSO, and perhaps also the Advisory Committees (ACs), have more fundamental concerns about accountability than the other communities which have well-defined and clearer relationships with ICANN. Thus it falls on the naming community to make sure that its concerns are communicated and understood by some of the other communities who may not appreciate why the naming community sees accountability as inexplicitly intertwined with this transition process.

Jonathan Robinson in his capacity as co-chair of the Cross-Community Working Group on the stewardship transition provided Council with an update. The cross-community working group meets weekly and is working on a draft charter to share with the ccNSO and the GNSO, as well as the ALAC and the SSAC.

Councillors are encouraged to refer to the update on accountability provided by Theresa Swineheart from ICANN staff to the Supporting Organisation/Advisory Committee and stakeholder Group leaders at a recent meeting.

Reference was made to a recent speech by Larry Strickling, Assistant Secretary for Commerce for the NTIA, which deals with accountability.

John Berard encouraged Councilors to look at the comments offered by the Business Constituency with regard to ICANN accountability.

Action Items:

  • Councillors are encouraged to refer to the microsite.
  • Councillors are encouraged to follow the cross-community working group on the stewardship transition via the Wiki site.

Item 7: UPDATE – On the work of the GNSO Review Working Party

Jen Wolfe provided Council with a brief update on the GNSO Review Working Party and noted that progress has been made due to the community's substantial and timely feedback which has been incorporated to amend and expand the scope of the 360 review. A sample survey is under review.

Action Item:

Councillors are encouraged to take the survey and provide feedback.

Item 8: UPDATE – On the work of the GAC / GNSO Consultation Group

Jonathan Robinson provided Council with a brief update on the GAC / GNSO Consultation Group and noted that a survey is currently being undertaken among the GAC members' to obtain what understanding there is of the GNSO communications and communication processes on policy.

Action items:

  • Encourage GNSO participants in the group to keep the group's momentum going.
  • Jonathan Robinson to pick up the proposal with the GAC GNSO Consultation group to do outreach and communication in terms of GNSO communication above and beyond the GNSO Liaison role.

Item 9: UPDATE & DISCUSSION – Planning for LA

Action Item:

GNSO Secretariat to provide draft schedule to Jonathan Robinson and David Cake to start planning the Los Angeles GNSO Weekend Working sessions

Item 10: Any Other Business

Councillors are reminded of the Council development meeting for the new Council on Friday 17 October 2014 in Los Angeles

Jonathan Robinson to send most recent update on accountability to the Council mailing list.

Jonathan Robinson noted Cherine Chalaby, Chair of the new gTLD Program Committee, email, indicating a willingness to provide clarity and also asking for an update from the Council on the Policy Development Process on Curative Rights Protection for IGOs and INGOs.

Jonathan Robinson adjourned the GNSO Council meeting and thanked everyone for their participation.
The meeting was adjourned at 12:50 UTC.

The next GNSO Council meeting will take place on Thursday, 4 September 2014 at 15:00 UTC.

See: Calendar