2 March 2006 Proposed agenda and related documents List of attendees: 19 Council Members Bruce Tonkin chaired this teleconference. Item 1: Approval of the GNSO Council minutes 6 February 2006 The London School of Economics (LSE) Public Policy Group has been appointed to undertake the GNSO Review, Prof. Patrick Dunleavy, Simon Bastow, and Oliver Pearce were invited to address the council.
To a question raised about the review examining the GNSO role in registry /registrar compliance, the clarification was that it was intended to contextualise comments on how the GNSO was viewed, rather than quantify how GNSO enforced compliance. Item 2: Terms of reference for PDP-Feb06 That Council approves the Terms of Reference for the policy development process on GNSO policies for contractual conditions for existing gTLDs (PDP-Feb06) as drafted with the insertion of the words "and core values" in the paragraph on The GNSO initiated a policy development process in December 2005 [PDP-Dec05] to develop policy around whether to introduce new gTLDs, and ,if so, determine the selection criteria, allocation methods, and contractual conditions. During 2005, ICANN commenced a process of revising the .net and .com agreements. There has been substantial discussion amongst members of the GNSO community around both the recently signed .net agreement (dated 29 June 2005), and the proposed .com agreements (dated 24 October 2005 and 29 January 2006). Subsequently on the 17 January 2006, GNSO Council requested that the ICANN staff produce an issues report "related to the dot COM proposed agreement in relation to the various views that have been expressed by At its meeting on 6 February 2006, members of the GNSO Council clarified that the intention of the request for the issues report was to seek an issues report on the topic of the broader policy issues that relate to At its meeting on 6 February 2006 the GNSO Council recognised that while Thus at its meeting on 6 February 2006, the GNSO Council, by a super-majority decision, decided to initiate a separate PDP [PDP-Feb06] to look at specific areas of contractual conditions of existing gTLDs. The work of PDP-Feb06 will naturally be conducted within the context of the work on PDP-Dec05, and if it is decided that new gTLDS should be introduced, the policy work of PDP-Feb06 will be incorporated into a Goal The overall goal of this PDP therefore is to determine what policies are appropriate, for the long term future of gTLDs within the context of ICANN's mission and core values, that relate to the issues identified in the specific terms of reference below. Terms of Reference 1. Registry agreement renewal 1b. Recognizing that not all existing registry agreements share the same Rights of Renewal, use the findings from above to determine whether or not these conditions should be standardized across all future agreements. 2. Relationship between registry agreements and consensus policies 2a. Examine whether consensus policy limitations in registry agreements are appropriate and how these limitations should be determined. 2b. Examine whether the delegation of certain policy making responsibility to sponsored TLD operators is appropriate, and if so, what if any changes are needed. 3. Policy for price controls for registry services 3a. Examine whether or not there should be a policy regarding price controls, and if so, what the elements of that policy should be. (note examples of price controls include price caps, and the same 3b. Examine objective measures (cost calculation method, cost elements, reasonable profit margin) for approving an application for a price increase when a price cap exists. 4. ICANN fees 4a. Examine whether or not there should be a policy guiding registry fees to ICANN, and if so, what the elements of that policy should be. 4b. Determine how ICANN's public budgeting process should relate to the negotiation of ICANN fees. 5. Uses of registry data Registry data is available to the registry as a consequence of registry operation. Examples of registry data could include information on domain name registrants, information in domain name records, and traffic 5a Examine whether or not there should be a policy regarding the use of registry data for purposes other than for which it was collected, and if so, what the elements of that policy should be. 5b. Determine whether any policy is necessary to ensure non-discriminatory access to registry data that is made available to third parties. 6. Investments in development and infrastructure 6a. Examine whether or not there should be a policy guiding investments in development and infrastructure, and if so, what the elements of that policy should be.
Absent: Robin Gross; absent with apologies: Ute Decker; Kiyoshi Tsuru had dropped off the call at the time of the vote. The GNSO initiated a policy development process in December 2005 [PDP-Dec05] to develop policy around whether to introduce new gTLDs, and ,if so, determine the selection criteria, allocation methods, and contractual conditions. During 2005, ICANN commenced a process of revising the .net and .com agreements. There has been substantial discussion amongst members of the GNSO community around both the recently signed .net agreement (dated 29 June 2005), and the proposed .com agreements (dated 24 October 2005 and 29 January 2006). Subsequently on the 17 January 2006, GNSO Council requested that the ICANN staff produce an issues report "related to the dot COM proposed agreement in relation to the various views that have been expressed by At its meeting on 6 February 2006, members of the GNSO Council clarified that the intention of the request for the issues report was to seek an issues report on the topic of the broader policy issues that relate to At its meeting on 6 February 2006 the GNSO Council recognised that while Thus at its meeting on 6 February 2006, the GNSO Council, by a super-majority decision, decided to initiate a separate PDP [PDP-Feb06] to look at specific areas of contractual conditions of existing gTLDs. The work of PDP-Feb06 will naturally be conducted within the context of the work on PDP-Dec05, and if it is decided that new gTLDS should be introduced, the policy work of PDP-Feb06 will be incorporated into a Goal The overall goal of this PDP therefore is to determine what policies are appropriate, for the long term future of gTLDs within the context of ICANN's mission and core values, that relate to the issues identified in the specific terms of reference below. Terms of Reference 1. Registry agreement renewal 1b. Recognizing that not all existing registry agreements share the same Rights of Renewal, use the findings from above to determine whether or not these conditions should be standardized across all future agreements. 2. Relationship between registry agreements and consensus policies 2a. Examine whether consensus policy limitations in registry agreements are appropriate and how these limitations should be determined. 2b. Examine whether the delegation of certain policy making responsibility to sponsored TLD operators is appropriate, and if so, what if any changes are needed. 3. Policy for price controls for registry services 3a. Examine whether or not there should be a policy regarding price controls, and if so, what the elements of that policy should be. (note examples of price controls include price caps, and the same 3b. Examine objective measures (cost calculation method, cost elements, reasonable profit margin) for approving an application for a price increase when a price cap exists. 4. ICANN fees 4a. Examine whether or not there should be a policy guiding registry fees to ICANN, and if so, what the elements of that policy should be. 4b. Determine how ICANN's public budgeting process should relate to the negotiation of ICANN fees. 5. Uses of registry data Registry data is available to the registry as a consequence of registry operation. Examples of registry data could include information on domain name registrants, information in domain name records, and traffic 5a Examine whether or not there should be a policy regarding the use of registry data for purposes other than for which it was collected, and if so, what the elements of that policy should be. 5b. Determine whether any policy is necessary to ensure non-discriminatory access to registry data that is made available to third parties. 6a. Examine whether or not there should be a policy guiding investments in development and infrastructure, and if so, what the elements of that policy should be. 3.1 Update on Wellington The Secretariat reported that following the proposed draft schedule there would be an administrative session for councillors present on Friday afternoon, 24 March 2006 in the InternetNZ's office. On Saturday 25 and Sunday 26 March 2006, the new gTLD committee would work on policy issues related to new gTLDs.The GAC working group would meet with the GNSO for 2 hours on Sunday morning. There is a proposed working dinner involving the GNSO council and the ICANN board, not yet confirmed, on Sunday night, 25 March2006. Constituency day is scheduled for Monday 27 March. The GNSO Council Public Forum is scheduled for Wednesday, 29 March followed by the GNSO Council meeting on the same day. Bruce Tonkin thanked the council members and the London School of Economics team undertaking the GNSO review for their participation. The meeting ended: 21:10 UTC.
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