GNSO Council Public Seoul Meeting Minutes 28 October 2009

Last Updated: 11 December 2009
Date: 
28 November 2009

Proposed agenda and documents

List of attendees:
Contracted Parties House

Registrar Stakeholder Group:Adrian Kinderis, Tim Ruiz, Stéphane van Gelder

gTLD Registries Stakeholder Group: Chuck Gomes, Jordi Iparraguirre, Edmon Chung

Nominating Committee Appointee (NCA): Terry Davis

Non-Contracted Parties House

Commercial Stakeholder Group (CSG): Zahid Jamil, Mike Rodenbaugh, Kristina Rosette, Wolf-Ulrich Knoben, Jaime Wagner
David Taylor absent apologies

Non Commercial Stakeholder Group (NCSG): Rafik Dammak, William Drake, Debra Hughes, Rosemary Sinclair, Mary Wong
Wendy Seltzer - observer http://www.icann.org/en/general/bylaws.htm Paragraph 6, Section 4,

Nominating Committee Appointee (NCA): Olga Cavalli

Andrei Kolesnikov NCA – Non Voting

GNSO Council Liaisons/Observers
Alan Greenberg – ALAC Liaison
Han Chuan Lee – ccNSO Observer

For detailed information of the meeting, please refer to:

Item 1: Administrative Items

1.1 Roll Call.

Avri Doria, acting as a non-member chair of the Council until the new Council chair was elected, noted that it was the first meeting of the new restructured bicameral Council.

1.2 Update any Statements of Interest

The new Council members, Andrei Kolesnikov, Jamie Wagner, Wolf-Ulrich Knoben, Rosemary Sinclair, Rafik Dammak, Wendy Seltzer and Debra Hughes briefly spoke to their Statements of Interest.

1 3 Review/amend the agenda

  • Add: Theresa Swinehart - Strategic Plan Consultation
  • Item 6: substitute "plan" with "vote on motion"
  • Under "any other business" request for an extension on the Issues Report on vertical separation.

Item 2: Vote on revised Council Operating Procedures

GNSO Council operating procedures

http://gnso.icann.org/drafts/draft-gnso-operating-procedures-24sep09-en.pdf

Presentation by Chair of OSC or Council Operations WT Chair
http://sel.icann.org/meetings/seoul2009/presentation-osc-council-operati...

Motion to adopt updated GNSO Council Procedures (motion requires 50% of each house to pass).

The motion was moved by Wolf-Ulrich Knoben and seconded by Chuck Gomes.

Whereas

The OSC, and its Operations Work Team, produced an updated version of the GNSO Council Operating Procedure that were in line with the Board update of the ByLaws related to the structure of the GNSO,

and, the update was submitted to a period of Public Comment extending from 25 September 2009 until 16 October 2009,

and, the comments have been analyzed and discussed by the GNSO council

Resolved

The GNSO Council Operating Procedures defined in http://gnso.icann.org/drafts/draft-gnso-operating-procedures-24sep09-en.pdf are accepted with the following proviso:

Paragraph 4.2, dealing with the subject of counting of abstentions, is approved only as an interim solution. The GNSO Council Operations Work Team (GCOT) is requested to review this item and recommend a further solution by November 25, 2009

These updated Council Procedures will be in force once approved and will be forwarded to the ICANN Board of Directors for review.

Motion passed unanimously by all voting Councilors.

David Taylor absent - Non-Contracted Parties House Commercial Stakeholder Group (CSG)

Item 3: Election of new Council Chair

Motion on holding the election by means of a secret ballot. (Motion requires majority of each house to pass.)

Motion moved by Mike Rodenbaugh and seconded by Terry Davis.

Whereas

the ByLaws and Operating Procedures are silent on whether elections are held as open or secret ballots,

and the old council has in its history held both open and secret ballots,

and the new council has not yet set any precedents;

Resolved,

The 2009 Ballot for GNSO Council, and any necessary follow up ballots, will be held as secret ballots using paper ballots for council members in attendance at the Seoul meetings and, if required, using a 24 hour email ballot for any absent members.

Contracted Parties House:
6 Votes against
1 vote in favour

(6 Votes against: Chuck Gomes, Edmon Chung, Jordi Iparragiuirre (gTLD Registries SG), Tim Ruiz, Stéphane van Gelder, Adrian Kinderis (Registrar SG)
(1 vote in favour: NCA Terry Davis)

Non Contracted Parties House
5 Votes in favour
6 Votes against:

Commercial Stakeholder Group
5 Votes in favour (Zahid Jamil, Mike Rodenbaugh, Kristina Rosette, Wolf-Ulrich Knoben, Jaime Wagner)

Non Commercial Stakeholder Group
6 Votes against: (Rafik Dammak, William Drake, Debra Hughes, Rosemary Sinclair, Mary Wong, NCA: Olga Cavalli)

The motion failed.

The two candidates, Olga Cavalli and Chuck Gomes, made public statements which were followed by a question and answer session.

Election of GNSO Council Chair.
(60% of each house is needed for the candidate to pass)
General Counsel advised that, because Wendy Seltzer was in a observer's capacity, the non-contracted party house would be 60% of 12 votes, not 60% of 13 votes.

The two candidates are Olga Cavalli and Chuck Gomes

Select one of the below

  • Chuck Gomes
  • Olga Cavalli
  • None of the above

Contracted Parties House
7 Votes for Chuck Gomes
gTLD Registries stakeholder group votes for Chuck Gomes: Chuck Gomes, Edmon Chung, Jordi Iparraguirre

Registrars stakeholder group votes for Chuck Gomes: Tim Ruiz, Stéphane van Gelder, Adrian Kinderis

Terry Davis (NCA) votes for Chuck Gomes

Non Contracted Parties House
6 votes for Chuck Gomes
Commercial Stakeholder Group votes for Chuck Gomes: Zahid Jamil, Mike Rodenbaugh, Kristina Rosette, Wolf-Ulrich Knoben, Jaime Wagner Absentee ballot: David Taylor

6 votes for Olga Cavalli
Non Commercial Stakeholder Group votes for Olga Cavalli: Rafik Dammak, William Drake, Debra Hughes, Rosemary Sinclair, Mary Wong,

Olga Cavalli ( NCA) votes for Olga Cavalli.

No voting option received 60% of both houses.

Second round of voting

Select one of the below

  • Chuck Gomes
  • Not for the above

Results
Contracted Parties House

7 Votes for Chuck Gomes

(Edmon Chung, Chuck Gomes, Jordi Iparraguirre,Tim Ruiz, Stéphane van Gelder, Adrian Kinderis and the NCA Terry Davis)

Non Contracted Parties House
10 votes for Chuck Gomes

( Zahid Jamil, Mike Rodenbaugh, Kristina Rosette, Wolf-Ulrich Knoben, Jaime Wagner, William Drake, Debra Hughes, Rosemary Sinclair, Mary Wong and the NCA Olga Cavalli)

1 vote 'not for the above' - Rafik Dammak

1 vote absent - David Taylor

Chuck Gomes was elected GNSO Council chair.

Stéphane van Gelder was previously elected GNSO Council vice chair by the Contracted Parties House and Olga Cavalli was elected interim vice chair by the Non Contracted Parties House.

Avri Doria, stepping down from the chair, congratulated Chuck Gomes and handed him the chair.

Item 4: IANA Business Excellence initiative

Leo Vegoda, Number Resources Manager, presented the IANA business excellence initiative to the Council.

Item 5: Whois Studies

Liz Gasster, Senior Policy Counselor, presented the Whois Studies Update to the Council.

Dave Piscitello, Senior Security Technologist, followed with a Progress Report on the Whois Service Requirement Study

The Internationalized Registration Data Working Group is open to all participants and interested parties should contact the GNSO Secretariat.

Item 6: Board letter to the GNSO Council regarding IRT proposals

Motion on Selected Trademark Issues from the ICANN Board of Directors

The motion was made by Adrian Kinderis and seconded by Tim Ruiz with friendly amendments from Kristina Rosette.

WHEREAS, the ICANN Board has requested that the GNSO Council evaluate certain ICANN staff implementation proposals for the protection of trademarks in new gTLDs based in part on the recommendations from the IRT, public comments, and additional analysis undertaken by ICANN Staff, as described in the letter dated 12 October 2009 from Rod Beckstrom & Peter Dengate Thrush to the GNSO Council.

WHEREAS, the ICANN Board letter requests the GNSO Council's view by December 14, 2009 on whether certain rights protection mechanisms for second level strings recommended by ICANN Staff based on public input are consistent with the GNSO Council's proposed policy on the introduction of new gTLDs, and are the appropriate and effective options for achieving the GNSO Council's stated principles and objectives;

WHEREAS, the GNSO Council has reviewed the ICANN Board letter and desires to approve the procedures for conducting such evaluation;

NOW THEREFORE BE IT RESOLVED that the GNSO Council adopts the following process to conduct the evaluation requested by the Board:

1. A GNSO Review Team will be comprised of representatives designated as follows: the Registrar and Registry Stakeholder Groups with two (2) representatives each, the Commercial Stakeholder Groups and the Non-Commercial Stakeholder Groups with four (4) representatives each, At-Large with one (1) representative, one representative from the Nominating Committee Appointees(1) and the Government Advisory Committee (GAC) with one (1) observer. Alternate members may participate in case of absence of the designated representatives;

2. Each of the Stakeholder Groups will solicit from their members their initial position statements on the questions and issues raised by the ICANN Board letter and the ICANN Staff proposed models for the implementation of the Trademark Clearinghouse and Uniform Rapid Suspension model, and will deliver their initial position statements on November 4, and with final position statements to be delivered by November 6, 2009;

3. Such position statements will be summarized by ICANN Staff and distributed to the GNSO Review Team to evaluate whether a consensus can be reached on the ICANN Staff implementation models or other proposals for the protection of trademarks in the New gTLD Program; and

4. The GNSO Review Team will conduct its analysis, identify those areas where consensus has already been reached, and seek to develop consensus on those issues for which consensus could not be determined. (The assistance of members of the IRT in answering questions about the IP Clearinghouse and Uniform Rapid Suspension System recommendations may be useful to this work. The GNSO Council requests that members of the IRT who worked on those recommendations be available to answer any such questions that may arise), and

5. The GNSO Review Team will provide a final report to the GNSO Council on or before the GNSO council's meeting in late November, 2009.

The motion passed unanimously by voice vote, taking into consideration that one Council member, David Taylor, was absent and unable to vote.

The following participants were identified from each stakeholder group:

  • gTLD Registries Stakeholder Group - David Maher, Jeff Neuman
  • Intellectual Property Constituency - Paul McGrady, Mark Partridge
  • CBUC - Zahid Jamil
  • ISPCP - Tony Harris
  • Registrar Stakeholder Group - Jeff Eckhaus , Jon Nevettt
  • Non Commercial Stakeholder Group - Kathy Kleiman, Konstantinos Komaitis, Wendy Seltzer and Robin Gross.
  • ALAC - Alan Greenberg and Olivier Crépin-Leblond (the main participant still to be identified)
  • GAC Observer - tbd

Item 6a. Strategic Plan - Theresa Swinehart

Deferred

Item 6b. AOB

Council agreed on the staff request for an Extension for the Vertical Integration Issue Report from 9 November 2009 to 23 November 2009.

Item 7. Open Microphone

Item 8. Thank You's

Chuck Gomes thanked the parting Councilors for their service on the Council.

  • Philip Sheppard
  • Carlos Souza
  • Tony Holmes
  • Avri Doria
  • Tony Harris
  • Maggie Mansourkia

Chuck Gomes adjourned the GNSO Council Public meeting in Seoul and thanked everyone for their participation. The meeting ended at 12:00 local time in Seoul.

Next GNSO Council meeting will be on 23 November 2009 at 11:00 UTC.
See: Calendar