"The GNSO Council requests that the Staff Manager produce an Issues Report, consistent with Article 1: Mission and Core Values of ICANN's bylaws, on the need for a predictable procedure for the introduction of new Registry Services (as defined in the gtld registry agreements)"Jordyn Buchanan stated that there was not enough precision in registry agreements to make it possible for ICANN to preserve stability and security of the Internet. Contracts should be rethought in terms of registry interaction with ICANN.
Bruce Tonkin clarified the process:
The GNSO Council was commissioning an Issues Report
The GNSO Council would meet to determine whether the policy development process would be appropriate
The terms of reference would be well specified before starting the task force.
Milton Mueller proposed adding the following amendment:
The Issues Report should consider the advantages and disadvantages of reviewing new registry services ex post or ex ante; whether rules should be different for dominant and non-dominant players; and who would make the initial determination of whether a new service qualified as a registry service.
Bruce Tonkin suggested separating the two matters and proposed that the amendment should be taken up in the Issues report.
Milton Mueller expressed further concern about ICANN as a regulator and stated that regulation by contract was preferable to centralized regulation.
The motion passed with 18 votes in favour, the gTLD Registries constituency and the Non-commercial Users constituency abstained.
Decision 1:
The GNSO Council requests that the Staff Manager produce an Issues Report, consistent with Article 1: Mission and Core Values of ICANN's bylaws, on the need for a predictable procedure for the introduction of new Registry Services (as defined in the gtld registry agreements)
The ICANN President was asked whether a public comment would be appropriate to assist in collecting data for the Issues Report to which he replied that council members and experts from other services would be more suitable to provide information.
Paul Twomey excused himself and left the meeting.
Bruce Tonkin called for suggestions on issues to be raised in the Issues Report:
Milton Mueller suggested the following:
The Issues Report should consider the advantages and disadvantages of reviewing new registry services ex post or ex ante; whether better focus of the gTLD contracts on technical and stability is a better way to address the problems; whether rules should be different for dominant and non-dominant players; and who would make the initial determination of whether a new service qualified as a registry service.
Ken Stubbs stated that a reasonable time was required for accelerated consultation in the constituencies for input on issues to be raised in the Staff Managers report. The suggested return date for the input to be sent to the GNSO Council list: Monday 20 or Tuesday 21 October.
Jeff Neuman added that the input to the issues report should be before the Councillors' terms end in Carthage. The question should be examined:
What rights did ICANN have in the agreement in the interruption of Registry services.
Bruce Tonkin proposed the following schedule:
GNSO Council members should have the opportunity to read through the ICANN President's letter.
GNSO Council members and liaisons should contribute suggestions, individual submissions, that could be gathered and incorporated in the Staff Manager's report.
Timing for the Staff Manager's Report, 15 days which brings the date to October 31.
Action:
Bruce Tonkin proposed talking to Paul Twomey and John Jeffrey about the consultation and input that Council members would like from their constituencies.
Item 2: Any Other Business
1. Proposed Meetings in Carthage:
Bruce Tonkin proposed that constituencies discuss possible issues for the Staff Manager's report.
Marilyn Cade reported on an open informational meeting on Monday afternoon, October 27, 2003
Discussion topics:
- Briefing on Wildcards
- Tutorial on Domain Name System (DNS )
Clarification on Cross Constituency meeting.
Commercial and Business Users, Intellectual Property Interests, and Internet Service and Connectivity Providers Constituencies meet
together often with invited guests from the At Large Advisory Committee and the ccNSO and other groups.
2. Agenda Topics for Carthage:
- UDRP
- WHOIS Steering group terms of reference for task forces
Marilyn Cade requested information on the status of the GNSO Council request: arising from the GNSO Council meeting on August 14, 2003 where a decision was taken to:
- Formally submit the motion as a request for an amendment to the Bylaws:
And therefore the GNSO Council requests the Board to make two changes in its review timetable:
1. To change the transition article to allow three representatives per constituency on the GNSO Council until the end of the ICANN annual meeting 2004;
2. To perform a review of the GNSO council in or around June 2004 which should include among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council.
- GNSO Chair, Bruce Tonkin to liaise with ICANN President, Paul Twomey on joint ICANN Board teleconference on the topic.
Bruce Tonkin proposed sending a formal request to the Board enquiring on the status of allowing 3 representatives per constituency.
3. Status of Elections in the Constituencies
1. gTLD Registries Constituency: 2 Representatives elected: Cary Karp elected for a 2 year term, Ken Stubbs elected for a 1 year term.
2. Commercial and Business Users Constituency (CBUC): 3 Representatives elected: Philip Sheppard, Marilyn Cade, Grant Forsyth.
3. Non-Commercial Users Constituency (NCUC): Election due to start on 20 October and finish on 31 October 2003.
4. Internet Service and Connectivity Providers Constituency : Elections have not commenced, planned for after Carthage.
5. Registrars Constituency: Election has been held and the results were being finalised
6. Intellectual Property Interests Constituency: No representative present to report
Jeff Neuman asked whether the constituencies had elected two or three representatives?
The Non-Commercial Users Constituency planned to elect two and have another election if a third representative was needed.
The Commercial and Business Users Constituency had elected three.
Marilyn Cade proposed forming a committee of the present councillors that could focus on the specific Registry Service issue in order to meet the necessary timelines in the policy development process.
Bruce Tonkin declared GNSO teleconference closed, and thanked everybody for attending.
The meeting ended: 00:45 CET, 22:45 UTC, 08:45, 17 October, Melbourne.
Next GNSO Council meeting to be held at the Carthage Palace Hotel in historic Carthage, Tunisia. : Wednesday October 29, 2003 at 14:00 local time, 13:00 UTC
see:http://www.gnso.icann.org/calendar/
