GNSO Council Minutes 28 January 2010

Last Updated: 04 August 2010
Date: 
28 January 2010

Proposed agenda and documents

The meeting started at 11:05UTC.

List of attendees:

Andrei Kolesnikov NCA – Non Voting

Contracted Parties House

Registrar Stakeholder Group: Stéphane van Gelder, Tim Ruiz,

Absent with apologies: Adrian Kinderis

gTLD Registries Stakeholder Group: Chuck Gomes, Caroline Greer, Edmon Chung

Nominating Committee Appointee (NCA): Terry Davis

Non-Contracted Parties House

Commercial Stakeholder Group (CSG): Wolf-Ulrich Knoben, Jaime Wagner, Kristina Rosette, Zahid Jamil, Mike Rodenbaugh; David Taylor joined after the roll call,

Non Commercial Stakeholder Group (NCSG): Rafik Dammak, Debra Hughes, Wendy Seltzer; Mary Wong; William Drake and Rosemary Sinclair joined after the roll call.

Nominating Committee Appointee (NCA): Olga Cavalli - absent with apologies

GNSO Council Liaisons/Observers
Alan Greenberg – ALAC Liaison
Han Chuan Lee – ccNSO Observer - absent with apologies

ICANN Staff
Kurt Pritz - Senior Vice President, Services
Denise Michel - Vice President, Policy Development
Liz Gasster - Senior Policy Counselor, ICANN Policy Support
Margie Milam - Senior Policy Counselor
Marika Konings - Policy Director
Julie Hedlund - Policy Director
Rob Hoggarth - Senior Policy Director
Glen de Saint Géry - GNSO Secretariat

For detailed information of the meeting, please refer to:

Item 1: Administrative Items

1.2 Update any Statements of Interest

No updates

1 3 Review/amend the agenda

  • No changes

1.4. Note the status of minutes for the following Council meetings per the new Council Operating Procedures:

• 7 January meeting – Approved on 22 January 2010
http://gnso.icann.org/meetings/minutes-council-07jan10-en.htm

Item 2: Decision regarding initiation of a PDP about vertical separation of Registries and Registrars

2.1 Refer to Issues Report on Vertical Integration:

The Motion to commence a Policy Development Process was proposed by Mike Rodenbaugh and seconded by Debra Hughes with friendly amendments

Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars;

Whereas, on 11 December 2009, the Issues Report on vertical integration between registries and registrars was delivered to the GNSO Council;

Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a Policy Development Process (PDP) on the issue for a period of 1-2 years;

Whereas, notwithstanding the recommendations in the Issues Report, the GNSO Council has decided to initiate a PDP on vertical integration between registries and registrars; and

Whereas, the GNSO Council has decided against initiating a Task Force as defined in the ICANN Bylaws;

Now therefore, be it:

RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of vertical integration between registries and registrars;

FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws;

FURTHER RESOLVED, that the GNSO Council shall convene a Working Group to fulfill the requirements of the PDP, including a review of ICANN Staff’s prior work with respect to vertical integration, and develop recommendations accordingly; and

FURTHER RESOLVED, that the Working Group shall deliver its Final Report to the GNSO Council no later than sixteen weeks from the date of this resolution.

The motion carried by a roll call vote.

Contracted Party House - Seven Votes against.

6 votes against + one Absentee ballot - Adrian Kinderis against.

Non Contracted Party House -Ten (11) Votes in favour - two (2) votes against

11 Votes in favour:
Zahid Jamil, Mike Rodenbaugh (CBUC); Kristina Rosette, David Taylor (IPC); Rafik Dammak, William Drake, Mary Wong, Rosemary Sinclair, Debra Hughes, Wendy Seltzer (NCSG) + one absentee ballot - Olga Cavalli in favour.

2 Votes against: Jaime Wagner, Wolf-Ulrich Knoben (ISPCP)

During the discussion the ISPCP representative pointed out that a PDP at this time could jeopardize the implementation process for new gTLDs. Therefore the GNSO council should decline a PDP initiation at this time and should reevaluate whether to initiate a PDP on the topic of vertical integration after the launch of the initial round of New gTLD applications.

Item 3: Prioritization of GNSO work

Olga Cavalli's status report noted that the team, which meets weekly, is developing and testing a methodology to prioritise GNSO work. The aim is to provide the Council with recommendations by the Nairobi meetings and hold a face to face meeting there. Staff support is greatly appreciated in moving these efforts forward.

Item 4: Joint cc NSO-GNSO IDN Working Group (JIG)

The GNSO Council approved the two new members Rafik Dammak appointed by the Board to the NCSG and Karen Anne Hayne from the Intellectual Property Constituency in the CSG as GNSO JIG members and Avri Doria as a JIG observer.
The current GNSO JIG membership is:
1. Edmon Chung - Co-Chair Registries Stakeholder Group (RySG) - Approved by the Council on 3 Sep 09
2. Terry Davis - Nominating Committee Appointee (NCA) - Approved by the Council on 3 Sep 09
3. Stéphane van Gelder - Registrars Stakeholder Group (RrSG) - Approved by the Council on 3 Sep 09
4. Rafik Dammak - Non Commercial Stakeholder Group (NCSG)
5. Karen Anne Hayne - Commercial Stakeholder Group(CSG)

The following are the GNSO JIG observers:
1. Avri Doria (NCSG) - Originally an ex-officio member as GNSO Council Chair
2. Chuck Gomes (Ex-Officio)

Item 5: Affirmation of Commitments (AoC) Review Team Draft Proposal

The motion to approve the GNSO Council's response to the draft proposal on the Affirmation Reviews Requirements and Implementation Processes was proposed by Chuck Gomes seconded by Stéphane van Gelder with friendly amandments.

Whereas:

On 26 December 2009, ICANN Staff posted for public comment a discussion draft
(http://www.icann.org/en/reviews/affirmation/affirmation-reviews-draft-proposal-26dec09-en.pdf ) that addresses the requirements and implementation processes for the reviews called for in the Affirmation of Commitments

(http://www.icann.org/en/announcements/announcement-30sep09-en.htm#affirmation)

On 7 January 2010, the GNSO Council initiated a drafting team to develop comments in response to the discussion draft

On 19 January 2010, the drafting team submitted comments for Council consideration, which can be found at:

http://gnso.icann.org/drafts/draft-gnso-council-response-to-draft-proposal-on-affirmation-reviews-requirements-implementation-processes-en.pdf.

The GNSO Council:

Approves the comments

Requests the Secretariat to post the comments to the public comment forum on behalf of the Council.

The motion carried unanimously by voice vote of those present.

Absent at the time of the vote:
Adrian Kinderis, Olga Cavalli, Mike Rodenbaugh, Zahid Jamil

Action Item:

• The Council agreed that the drafting team, under the leadership of Bill Drake, should continue working on how GNSO volunteers should be endorsed by the GNSO as nominess for each of the four review teams.

• Proposed procedures should be presented to the Council not later than 10 February, 8 days before the Council meeting on 18 February 2010 for approval.

• Councillors and stakeholder Groups are requested to provide input to the drafting team by COB on Monday, 1 February 2010.

Item 6: Nairobi Meeting Planning

6.1 A Staff update on safety and security has been circulated and two community calls scheduled to accommodate different time zones.
http://gnso.icann.org/announcements/announcement-25jan10.htm

6.2 Stéphane van Gelder reported the following:

• Requests for meeting space in the GNSO Working sessions on Saturday and Sunday should be sent to Stéphane van Gelder and gnso.secretariat@gnso.icann.org.

- Saturday house keeping sessions - change to "house " sessions.
- The contracted party house indicated that they would use their slot. Both slots will be left in for the moment, pending comments from the houses on the Council list.

• Councillors and Stakeholder groups are requested to indicate specific interest in a GNSO Council session to discuss new gTLD issues on Saturday, 6 March 2010 from 13:00 to 16:00 local time.
- Kurt Pritz indicated that he would be available to address the Council on new gTLDs
- Agenda content depends on what Draft Applicant Guide Book material comes out for Nairobi.

• A drafting team was formed to prepare for the joint GAC/GNSO meeting on Sunday, 7 March 2010.
Volunteers are Rosemary Sinclair and Bill Drake and anyone wishing to join should contact the gnso.secretariat@gnso.icann.org.

  • Sunday breakfast.
    A voice poll taken during the meeting indicated Council's majority support for having the breakfast.
    Suitable venue to be decided.
  • Sunday meetings.
    PPSC meeting slot may be cancelled.
  • General agenda items.
    Council Chair accepted Stéphane van Gelder's offer to work on the meeting schedule for the Brussels meeting in June 2010 and the first Saturday's schedule sould be published early to facilitate travelling arrangements.

Item 7: Status updates

In the interest of time, Councillors are encouraged to send questions to the Council mailing list.

Item 8: Any Other Business

8.1 Election to fill Board seat #13

With regard to section 3.3 of the GNSO Council Operating Procedures requirement that motions be posted 8 days in advance of meetings, the Council approved an exception to this requirement for this motion.

A motion to approve the Procedures for the 2010 Election of Board Seat 13 was proposed by Chuck Gomes and seconded by Olga Cavalli.

Whereas, the term for ICANN’s Board Seat 13, currently held by Bruce Tonkin, ends six months after the conclusion of the ICANN annual meeting, in April 2010;

Whereas, Article X, Section 6 of the ICANN Bylaws provide that the GNSO shall make selections to fill Seat 13 as follows:

a. the Contracted Party House shall select a representative to fill Seat 13; and
b. the Non-Contracted Party House shall select a representative to fill Seat 14.

Whereas, the GNSO Council desires to approve the procedures described in Annex 1 for the selection of 2010 Board Seat 13;
http://gnso.icann.org/drafts/gnso-operating-procedures-redline-28jan10-en.pdf

Whereas, the GNSO Council desires to amend the GNSO Council Operating Procedures to adopt procedures to commence the selection process for the 2010 Election of Board Seat 13;

Whereas, under the ICANN Bylaws, a twenty-one (21) day public comment period should be commenced with regard to amendments to the GNSO Council Operating Procedures;

NOW THEREFORE, BE IT:

RESOLVED, that the GNSO Council approves the procedures described in Annex 1 for the selection of 2010 Board Seat 13;
http://gnso.icann.org/drafts/gnso-operating-procedures-redline-28jan10-en.pdf

RESOLVED FURTHER, that Section 2 of the GNSO Council Operating Procedures are amended to include a new Section 2.4 at the end hereof:

“2.4 Board Seat Elections. The process for selecting the individual to fill Board Seat 13, which term expires at the end of April, 2010, is described on Annex 1 hereto.

Except as expressly amended above, the GNSO Council Operating Procedures shall continue in full force and effect, as approved by the GNSO Council on 28 October 2009.

RESOLVED FURTHER, that the GNSO Council directs Staff to commence a twenty-one (21) day public comment period on this amendment to the GNSO Operating Procedures, and reserves the right to modify the election procedures described in Annex 1 after the conclusion of the public comment period.

RESOLVED FURTHER, that the GNSO Council Operations Work Team shall be tasked with developing the procedures for the future selection of Board Seats 13 and 14 to be included in the GNSO Council Operating Procedures.

RESOLVED FURTHER, that the GNSO Secretariat shall support the selection process for the 2010 election of Board Seat 13.

The motion carried unanimously by voice vote of those present.

Absent at the time of the vote:
Adrian Kinderis, Olga Cavalli, Mike Rodenbaugh, Zahid Jamil

8.2 Topics for joint GNSO/ccNSO lunch meeting in Nairobi?

Councillors and Stakeholder groups are requested to provide topics for discussion at the joint ccNSO/GNSO lunch meeting in Nairobi on Monday, 8 March 2010 in addition to these suggested topics:

- Affirmation of Commitments (AoC) Review
- Selected topics from the Joint ccNSO/GNSO IDN group (JIG)
- ccTLD fast track progress update

Item 9: The updated GNSO Project Status List

Council members are reminded to review the updated GNSO Project Status List and comment on the Council mailing list.

http://gnso.icann.org/meetings/pending-projects-list.pdf

9.1 Questions/comments

There were no further comments or questions.

Chuck Gomes adjourned the GNSO Council meeting and thanked everyone for their participation.
The meeting was adjourned at 12:54 UTC.

Next GNSO Council meeting will be on 18 February 2010 at 15:00 UTC.
See: Calendar