Minutes of the GNSO Council Public Meeting in Helsinki 30 June 2016

Last Updated: 1 August 2016
Date: 
30 June 2016

Agenda and Documents

Coordinated Universal Time: 07:45 UTC:
http://tinyurl.com/jgzq34d
00:45 Los Angeles; 03:45 Washington; 08:45 London; 10:45 Helsinki; 10:45 Istanbul; Hobart 17:45

List of attendees:
NCA – Non Voting – Carlos Raúl Gutierrez
Contracted Parties House
Registrar Stakeholder Group: James Bladel, Volker Greimann, Gore, Jennifer Gore
gTLD Registries Stakeholder Group: Donna Austin, Keith Drazek, Rubens Kühl
Nominating Committee Appointee (NCA): Hsu Phen Valerie Tan - remote participation
Non-Contracted Parties House
Commercial Stakeholder Group (CSG): Philip Corwin, Susan Kawaguchi, Wolf-Ulrich Knoben, Tony Harris, Paul McGrady, Heather Forrest
Non-Commercial Stakeholder Group (NCSG): Amr Elsadr -absent, temporary alternate Avri Doria, Stephanie Perrin, David Cake, Stefania Milan, Edward Morris, Marilia Maciel
Nominating Committee Appointee (NCA): Julf (Johan) Helsingius

GNSO Council Liaisons/Observers:
Olivier Crèpin LeBlond– ALAC Liaison
Patrick Myles - ccNSO Observer - absent apologies
Mason Cole – GNSO liaison to the GAC

ICANN Staff
David Olive - VP Policy Development – absent apologies
Marika Konings - Senior Policy Director
Rob Hoggarth - Senior Policy Director
Mary Wong – Senior Policy Director
Julie Hedlund – Policy Director
Steve Chan - Senior Policy Manager
Berry Cobb – Policy Consultant
Lars Hoffmann – Policy Analyst
David Tait – Policy Analyst
Glen de Saint Géry - GNSO Secretariat
Terri Agnew - Secretariat Services Coordinator, GNSO
Brian Hellar - Meetings Technical Services Specialist

Guests:
Rafik Dammak – Non-Commercial Users Constituency Chair
Jamie Hedlund - Vice President, Strategic Programs, Global Domain Division

Adobe Connect Recording
Adobe Chat Transcript
Transcript

Item 1: Administrative matters (5 minutes)

1.1 – Roll call

1.2 – Updates to Statements of Interest

1.3 – Review/amend agenda.

1.4 – Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:

Minutes of the GNSO Council Public Meeting on 12 May 2016 were approved on 30 June 2016.

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

2.1 – Review focus areas and provide updates on specific key themes / topics, to include review of Projects List [PDF, 647 KB] and Action List

Council members were reminded that a copy of the updated Projects list, in both red-lined and clean version, is sent to the Council mailing list before each Council meeting for review and comment.

Item 3: Consent agenda

No items on the consent agenda

Item 4: COUNCIL VOTE – Approval to Permanently Integrate Successful PDP Improvements into the GNSO Policy Development Process

Donna Austin seconded by Carlos Gutierrez proposed a motion for the Approval to Permanently Integrate Successful PDP Improvements into the GNSO Policy Development Process

Whereas,

  1. Starting in 2013, the Council, in collaboration with ICANN Staff, gathered a number of ideas and suggestions to be explored to improve and streamline the existing Policy Development Process. These ideas and suggestions were translated into 10 PDP Improvements (see http://gnso.icann.org/en/drafts/pdp-improvements-table-16jan14-en.pdf) [PDF, 444 KB].
  2. Many of these improvements were also closely aligned with the recommendations of the ATRT2 in relation to the GNSO PDP.
  3. Staff was tasked to explore and implement next steps for each item, including in pilot format. Since then, Staff has been providing regular status updates to the GNSO Council in conjunction with ICANN meetings.
  4. Staff provided a final status update http://gnso.icann.org/en/drafts/memo-pdp-improvements-09jun16-en.pdf [PDF, 381 KB] on 9 June 2016. This final status update included proposed next steps on how to transform some of the GNSO Improvements that have been determined successful into permanent features of the PDP and close out this project until such time the Council identifies new improvements that are deemed worth exploring and/or revamps some of the improvements that were not deemed suitable for implementation at this stage.
  5. The GNSO Council has reviewed and discussed the final status update (http://gnso.icann.org/en/drafts/memo-pdp-improvements-09jun16-en.pdf) [PDF, 381 KB].

Resolved,

  1. The GNSO Council adopts the final status update and considers the GNSO PDP Improvements Project hereby complete.
  2. The GNSO Council directs staff to move ahead with the identified next steps including: integrating the inclusion of the proposed PDP Charter as part of the Preliminary Issue Report; development of draft guidelines for the use and application for face-to-face facilitated PDP WG meetings for Council review and adoption, and; developing a survey to assess the familiarity that the community has with the different newcomer and training tools as well as their perceived usefulness.

The motion carried unanimously by voice vote.
Voting results [PDF, 105 KB]

Action Item:

The GNSO Council directs staff to move ahead with the identified next steps including: integrating the inclusion of the proposed PDP Charter as part of the Preliminary Issue Report; development of draft guidelines for the use and application for face-to-face facilitated PDP WG meetings for Council review and adoption, and; developing a survey to assess the familiarity that the community has with the different newcomer and training tools as well as their perceived usefulness

Item 5: COUNCIL VOTE - Approval to Form a Drafting Team to Develop an Implementation Plan for New and Additional GNSO Powers and Obligations under the Revised ICANN Bylaws

Paul McGrady, seconded by Susan Kawaguchi as amended by Heather Forrest, proposed a motion to create a drafting team to further develop recommendations to implement the GNSO'S new roles and obligations under the revised ICANN Bylaws – 29 June 2016

WHEREAS:

  1. On 27 May 2016 the ICANN Board adopted a set of new ICANN Bylaws, as revised on 26 May 2016, that aim to reflect changes needed to implement the IANA Stewardship Transition Proposal and such adoption is contingent on the proposed transition away of remaining United States Government oversight of ICANN; and
  2. The GNSO Council is aware that changes that may need to be made to the GNSO's current Operating Procedures and related mechanisms and to the ICANN Bylaws in order to give effect to new roles and obligations of the GNSO under the new Bylaws, such as those in this table (http://gnso.icann.org/en/drafts/revised-bylaws-notes-comments-procedures-14jun16-en.pdf) [PDF, 241 KB], including but not limited to the GNSO's participation in the Empowered Community;

RESOLVED:

  1. The GNSO Council requests ICANN staff to issue a call for volunteers for a Drafting Team that will work with ICANN staff to fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities.
  2. Volunteers for the Drafting Team will be identified by GNSO Council members. Volunteers should express interests and can demonstrate reasonable knowledge of or experience with the process of revising the ICANN Bylaws or GNSO Operating Procedures. The Drafting Team shall reflect the current composition of the GNSO and as such, the GNSO Council may review the number of volunteers identified by the GNSO Council members. GNSO Councilors are requested to identify volunteers by letter to the GNSO Council Chair by 22 July 2016.
  3. The Drafting Team shall provide the GNSO Council with an implementation plan, which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016.
  4. As part of the process of its consideration of the implementation plan, intended to be approved by a GNSO supermajority vote, the Council may further request that the Drafting Team work with ICANN staff to develop new, or propose modifications to existing, procedures and structures to implement the revised Bylaws for the GNSO. The GNSO Council intends to adopt any such new, or proposed modifications to existing procedures and structures to implement the revised Bylaws for the GNSO by a GNSO supermajority vote.

The motion carried unanimously by voice vote.
Voting results [PDF, 105 KB]

Action Item

ICANN staff to issue a call for volunteers for a Drafting Team that will work with ICANN staff to fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities.

Item 6: COUNCIL VOTE – Temporary Extension of Term of Current GNSO Liaison to the Governmental Advisory Committee

James Bladel seconded by Volker Greimann as amended by Wolf-Ulrich Knoben proposed a motion to extend the term of the current GNSO Liaison to the GAC and confirm the extended timeline for the selection process for the next GNSO liaison to the GAC.

  1. The GNSO Council adopted the "Request for Candidates ­- GNSO Liaison to the GAC" which includes the proposed call for volunteers, application and evaluation process (see http://gnso.icann.org/en/drafts/request-liaison-gac-30mar16-en.pdf [PDF, 308 KB] during its meeting on 14 April 2016.
  2. The subsequent call for volunteers resulted in the decision to extend the selection process.
  3. The GNSO Leadership team shared with the Council its assessment concerning the misalignment of the current deadline and the fact that the terms of possible candidates (e.g. former Council members) end at the ICANN AGM and as a result proposed to extend the selection timeline as follows: Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider candidates and notify first choice - 20 OCT; Chairs submit motion to Council by 29 OCT for consideration during Council meeting on 8 NOV; GAC Leadership notified of new Liaison by 9 NOV.
  4. The current GNSO Liaison to the GAC has agreed to extend his term until the ICANN AGM in Hyderabad.
  5. The GNSO Council leadership expects that appointments of this nature will continue to be necessary in the future, and these selections would benefit from a uniform selection process. Additionally, the Council notes the upcoming implementation work associated with the post-transition bylaws will include work on drafting a uniform selection process, and this could be expanded to cover additional roles.

Resolved:

  1. The GNSO Council hereby confirms the extension of the term of the current GNSO Liaison to the GAC, Mason Cole, until the end of the ICANN AGM in Hyderabad.
  2. The GNSO Council instructs the GNSO Secretariat to inform the GNSO Stakeholder Groups and Constituencies of the extended selection timeline (Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider candidates and notify first choice - 20 OCT; Chairs submit motion to Council by 29 OCT for consideration during Council meeting on 8 NOV; GAC Leadership notified of new Liaison by 9 NOV).
  3. The Council instructs Staff to include consideration of a uniform selection process as part of the work associated with implementing the post-transition bylaws

The motion carried unanimously by voice vote.
Voting results [PDF, 105 KB]

Action Item

  • GNSO Secretariat to inform the GNSO Stakeholder Groups and Constituencies of the extended selection timeline (Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider candidates and notify first choice - 20 OCT; Chairs submit motion to Council by 29 OCT for consideration during Council meeting on 8 NOV; GAC Leadership notified of new Liaison by 9 NOV).
  • Staff to include consideration of a uniform selection process as part of the work associated with implementing the post-transition bylaws

Item 7: COUNCIL DISCUSSION – Response to ICANN Board Request concerning Expert Working Group Final Report on Internationalized Registration Data

James Bladel reminded Council of the three components of the Board request:

  • Acknowledging receipt of the request,
  • referring the request to the Chairs of the Translation and Transliteration PDP Working group
  • referring the request Chairs of the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS Working Group.

David Cake confirmed that the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS Leadership was fully aware of the request.

Action Items:

  • Staff to note that GNSO Council will proceed with the Board request.
  • Staff to draft a letter which will be circulated to the Council list before transmitting to the ICANN Board and to the co-chairs of the Translation and Transliteration PDP Working group and the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS Working Group

Item 8: COMMITTEE UPDATE - Selection of Primary and Alternate Delegates from the GNSO to the New Bylaws-mandated Customer Standing Committee

Donna Austin provided the Council with an update [PDF, 645 KB] on the Customer Standing Committee (CSC) Selection Committee

Wolf-Ulrich Knoben provided background information about the Customer Standing Committee (CSC) and reminded the Council of the selection date deadline of the 15th August 2016. The target is to monitor the performance of the IANA naming functions in the future. The Customer Standing Committee (CSC) shall consist of representatives of all Advisory Committees and Supporting Organisations. The GNSO must appoint members (voting) and is strongly encouraged to appoint liaisons (non-voting).
Wolf-Ulrich Knoben offered to lead the GNSO Liaison Selection Committee.
Deadline for applications to be sent to the GNSO Secretariat is the 15th July.

The GNSO Council Selection committee, Rubens Kuhl, Heather Forrest, Susan Kawaguchi, Wolf-Ullrich Knoben and David Cake, have decided on an evaluation tool which will be used to send four candidates to the GNSO Council which will select two out of the four.
The final selection will be decided with the Country Code Naming Support Organisation (ccNSO) and the gTLD Registries Stakeholder Group in a coordination round.
Timeline:
15th July 2016: deadline for applications and for Expressions of Interest (EoI)
21 July 2016: GNSO Council meeting, motion to be provided for selection of two top applicants.

James Bladel reminded everyone that the two GNSO Council Liaisons can be listed unnamed in the motion as such until the names of the applicants are known to the Council.
The aim would be for the GNSO Council to vote confirming members and liaisons by email ballot rather than having to convene an extra Council meeting during the summer break. Only gTLD and ccTLD registries are appointing members as they are the IANA direct customers and will be those to best keep the process in check.
Further discussion was had about the timeline, the roles and selections of members and liaisons.
Wolf- Ulrich Knoben reminded Council that a motion deferral was ill advised and that a few days would be necessary for councilors to consult with their groups prior to the meeting and the close of the application window.
Paul McGrady raised the IPC's concerns about Council having undertaken this process, and noted that the IPC would not make a formal issue of the matter in light of tight timelines, but wished that Council's role in such matters be discussed going forward.
Keith Drazek clarified the members/ liaison terms.

Action item:

Schedule precautionary 9 August 2016 Council meeting as vote is required.

Item 9: WORKING GROUP PROGRESS REPORT – Activities of the Cross Community Working Group on Internet Governance

The Co-Chairs of the Cross Community Working Group on Internet Governance Working Group (CCWG IG) Rafik Dammak, provided Council with an Update [PDF, 80.2 KB] while Olivier Crépin-Leblond, confirmed the Working Group's targets and accountability and clarified how much staff support and support in general the CCWG was receiving.
Mariel Maciel stressed the importance of this CCWG both in triggering awareness of the potential threats ICANN could be facing but also in consolidating collaboration with other similar organizations.
Heather Forrest requested copies of the reports produced by the CCWG IG support staff so the Council can be kept apprised of the CCWG's progress.

Action Item:

Council be kept apprised of the Cross Community Working Group on Internet Governance Working Group's (CCWG IG) progress

Item 10: COUNCIL DISCUSSION – Next Steps relating to Implementation of Recommendations for the GNSO Review

James Bladel reminded everyone that ICANN Board has approved the GNSO review recommendations as well as those amended by the GNSO Council. It is foreseen that a team is to be created in July to work on an Implementation Plan to send to the Board. However, is a new team to be created or would the Standing Committee on the Implementation of GNSO Improvements (SCI) be repurposed to this intent?
Avri Doria supported the latter.
Anne Aikman-Scalese, vice-Chair of the SCI, reminded the Council that the SCI is at their disposal for work projects

Action Item:

Staff proposed re-drafting the SCI's charter in order to accommodate the changes.

Item 11: STAFF UPDATE TO COUNCIL – Next Steps relating to the Final Report of the Implementation Group on Review of the WHOIS Conflicts with National Law Procedure

Jamie Hedlund provided an update to the Council giving a brief reminder of the beginning of the Implementation Advisory Group (IAG) through to current developments. Currently, there is one trigger for the procedure and that is evidence of a process or regulatory action or litigation against a contracted party for effectively complying with Whois obligations in conflict with local privacy law.

Donna Austin questioned whether the GAC or Data Protection Agencies had been consulted on the subject. Several other members raised the concern that the Implementation Advisory Group (IAG) could not come to consensus given that their scope of action was narrow as policy had already been made.

Item 12: Any Other Business

James Bladel noted that a written proposal from the Board Finance Committee on proposed cost, monitoring cost, tracking cost, and control mechanisms for CCWG Accountability Work Stream 2 was submitted and encouraged Councillors to review the proposal.

James Bladel adjourned the GNSO Council Public meeting and thanked everyone for their participation.

The meeting was adjourned at 09:45 UTC.

The next GNSO Council Teleconference will take place on Thursday, 21 July 2016 at 21:00 UTC.
For other places see:
http://tinyurl.com/zhymnek