GNSO Council Teleconference Minutes

Last Updated: 21 August 2009
Date: 
23 July 2009

Proposed agenda and documents

List of attendees:
Philip Sheppard - Commercial & Business Users C
Mike Rodenbaugh - Commercial & Business Users C
Zahid Jamil - Commercial & Business Users C - joined after the roll call
Greg Ruth - ISCPC - absent
Antonio Harris - ISCPC
Tony Holmes - ISCPC
Stéphane van Gelder - Registrar C.
Tim Ruiz - Registrar C.
Adrian Kinderis - Registrars - absent - apologies
Chuck Gomes - gTLD registries C.
Edmon Chung - gTLD registries C.
Jordi Iparraguirre - gTLD registries C.
Kristina Rosette - Intellectual Property Interests C - absent, apologies
Ute Decker - Intellectual Property Interests C - absent
Cyril Chua - Intellectual Property Interests C
Mary Wong - NCUC - absent, apologies
William Drake - NCUC
Carlos Souza - NCUC - absent
Olga Cavalli- Nominating Committee appointee
Terry Davis - Nominating Committee appointee - joined after roll call
Avri Doria - Nominating Committee appointee

15 Council Members
( 20 Votes - quorum)

ICANN Staff
Daniel Halloran - Deputy General Counsel
Robert Hoggarth - Senior Policy Director
Margie Milam - Policy Director
Glen de Saint Géry - GNSO Secretariat
Denise Michel - Vice President Policy Development - absent - apologies
Liz Gasster - Senior Policy Counselor - absent - apologies
Marika Konings - Policy Director - absent - apologies

GNSO Council Liaisons/Observers
Alan Greenberg - ALAC Liaison - joined late
Mr Han Chun Lee - ccNSO observer

Rita Rodin - ICANN Board member - absent - apologies
Bruce Tonkin - ICANN Board member - absent apologies

MP3 Recording

Roll Call.

Item 1: Update any Statements of Interest

No updates recorded

Item 2: Review/amend the agenda

Agenda accepted

Item 3: Approve GNSO Council minutes

GNSO Council minutes 28 May 2009

GNSO Council minutes 9 July 2009

Chuck Gomes, seconded by Olga Cavalli, moved the adoption of the GNSO Council minutes of 28 May 2009.

The motion passed unanimously.

Chuck Gomes, seconded by Olga Cavalli, moved the adoption of the GNSO Council minutes of 9 July 2009.

The motion passed.
One abstention: Mike Rodenbaugh abstained because he was absent from the meeting

Decision 1. The Council approved the GNSO Council minutes of 28 May 2009.and of 9 July 2009.

Item 4: Inter-Registrar Transfer Policy (IRTP) Part B Charter Motion

Tim Ruiz noted that the proposed charter was discussed during the Council meeting on 24 June 2009 in Sydney and Tucows raised an issue about ensuring that whatever policy recommendations came out of the IRTP Part B working group (WG) involved ICANN Counsel and/or Compliance Staff so that the language used is unambiguous and enforceable. In Sydney, the vote on the charter was deferred to address the issue. The change to the current charter is the addition of the following paragraph:

"To inform its work, the WG should pursue the availability of further information from ICANN compliance Staff to understand how elements of
the existing Inter-Registrar Transfer Policy that are applicable to the above questions are enforced. The WG should also request compliance
Staff to review any policy recommendations it develops and provide advice on how the recommendations may best be structured to ensure
clarity and enforceability."

Tim Ruiz, seconded by Chuck Gomes, proposed a motion for approving a Charter for the Inter-Registrar Transfer Policy (IRTP) Part B Working Group (WG)

Whereas

On 24 June 2009 the GNSO Council initiated PDP IRTP Part B and, decided to create a PDP WG for the purposes of fulfilling the requirements of the PDP; and,

The GNSO Council has reviewed the charter.

Resolved

The GSNO Council approves the charter and appoints Tim Ruiz confirmed as the GNSO Council Liaison to the IRTP PDP Part B WG.

The GNSO council further directs that the work of the IRTP Part B WG be initiated no later then 14 days after the approval of this motion. Until such time as the WG can select a chair and that chair can be confirmed by the GNSO Council, the GNSO council Liaison shall act as interim chair.

Charter

The Working Group shall consider the following questions as outlined in the issues report and make recommendations to the GNSO Council:

a) Whether a process for urgent return/resolution of a domain name should be developed, as discussed within the SSAC hijacking report (http://www.icann.org/announcements/hijacking-report-12jul05.pdf); see also (http://www.icann.org/correspondence/cole-to-tonkin-14mar05.htm);

b) Whether additional provisions on undoing inappropriate transfers are needed, especially with regard to disputes between a Registrant and Admin Contact (AC). The policy is clear that the Registrant can overrule the AC, but how this is implemented is currently at the discretion of the registrar;

c) Whether special provisions are needed for a change of registrant when it occurs near the time of a change of registrar. The policy does not currently deal with change of registrant, which often figures in hijacking cases;

d) Whether standards or best practices should be implemented regarding use of a Registrar Lock status (e.g. when it may/may not, should/should not be applied);

e) Whether, and if so, how best to clarify denial reason #7: A domain name was already in 'lock status' provided that the Registrar provides a readily accessible and reasonable means for the Registered Name Holder to remove the lock status.

To inform its work, the WG should pursue the availability of further information from ICANN compliance Staff to understand how elements of the existing Inter-Registrar Transfer Policy that are applicable to the above questions are enforced. The WG should also request compliance Staff to review any policy recommendations it develops and provide advice on how the recommendations may best be structured to ensure clarity and enforceability.

Working Group processes:

While the development of Guidelines for Working Group operations are still to be developed the guidelines at the following link will apply to this WG:
working group process
https://st.icann.org/gnso-council/index.cgi?24_june_09_motions

Milestones

WG formed, chair & Council liaison & staff coordinator identified = T

Initial Report: T + 170 days"

First comment period ends: T + 190 days

Preliminary Final Report: T + 220 days.

Note: If the WG decides that a change is needed to the milestone dates, it should submit a revised time line to the GNSO council for approval

The motion was approved unanimously by voice vote.

Councillors present at the time of the vote:

Philip Sheppard, Mike Rodenbaugh, Zahid Jamil (CBUC), Cyril Chua (IPC), Tony Harris, Tony Holmes (ISP), William Drake (NCUC), Avri Doria, Olga Cavalli, Terry Davis (NCA) (one vote each)

Tim Ruiz, Stéphane van Gelder, (RC) Chuck Gomes, Jordi Iparraguirre, Edmon Chung (RyC) (two votes each)

Absent Councillors: Ute Decker, Kristina Rosette (IPC), Greg Ruth (ISP), Mary Wong, Carlos Souza (NCUC), Adrian Kinderis (RC).

Item 5: Joint ccNSO-GNSO IDN Working Group (JIG) Draft Charter

Edmon Chung noted that at the joint ccNSO-GNSO Council meeting in Sydney on 22 June 2009 certain topics and/or issues, such as those related to the introduction of IDN ccTLDs under the IDN ccTLD Fast Track implementation process and IDN gTLDs under the new gTLD implementation process, were recognised as being of common interest to both the GNSO and ccNSO and that they should be addressed by the two Supporting Organisations in a collaborative effort as set out in the JIG Draft Charter. Changes to the Charter will have to be agreed upon by both Supporting Organisations.

Edmon Chung, seconded by Chuck Gomes proposed a motion for the formation of the Joint ccNSO-GNSO IDN Working Group (JIG):

WHEREAS

GNSO IDN WG successfully completed its outcomes report in March 2007 and the GNSO Council approved the incorporation of its findings in the GNSO Final Report on the Introduction of New gTLDs in September 2007, describing policy requirements for the introduction of IDN gTLDs;

The Board Proposal from the IDNC WG was completed in June 2008, describing the IDN ccTLD Fast Track methodology;

Both the drafts and excerpts for the Applicant Guidebook for the New gTLD process, and the drafts for the IDN ccTLD Fast Track Implementation Plan had included implementation considerations for IDN TLDs; and,

Issues of common interest between new IDN ccTLDs and new IDN gTLDs can be identified, including issues where implementation of IDN ccTLDs and IDN gTLDs should be consistent (e.g. IDN Language Table implementation at the root zone), and where implementation of IDN ccTLDs and IDN gTLDs are inter-related (e.g. 2-Character length TLDs as a reservation for ccTLDs);

RESOLVED:

To initiate together with the ccNSO a Joint ccNSO-GNSO IDN Working Group (JIG) based on the Draft Charter: http://gnso.icann.org/drafts/jig-charter-21jul09.pdf

The motion was approved unanimously by voice vote.

Councillors present at the time of the vote:

Philip Sheppard, Mike Rodenbaugh, Zahid Jamil (CBUC), Cyril Chua (IPC), Tony Harris, Tony Holmes (ISP), William Drake (NCUC), Avri Doria, Olga Cavalli, Terry Davis (NCA) (one vote each)

Tim Ruiz, Stéphane van Gelder, (RC) Chuck Gomes, Jordi Iparraguirre, Edmon Chung (RyC) (two votes each)

Absent Councillors: Ute Decker, Kristina Rosette (IPC), Greg Ruth (ISP), Mary Wong, Carlos Souza (NCUC), Adrian Kinderis (RC).

Edmon Chung suggested polling the constituencies for participation in the working group, and if there are more than five volunteers, Council should agree upon a selection method.
Avri Doria proposed discussing the issue on the mailing list and waiting until the charter had been approved by the ccNSO Council before taking further steps.

Item 6: Initial Discussion - developing a GNSO Policy Strategy for 2010

Avri Doria referred to the email briefly introducing the topic and the related background, noting that it was one of recommendations in the Report of the Board Governance Committee on the GNSO Review Working Group on GNSO Improvements

There was no support in the Council for starting such a project.

Avri Doria proposed crafting a notification informing the Structural Improvements Committee (SIC) that the activity has been tabled until the new Council is seated and noting for the record that developing a policy strategy for 2010 will be a suggested item for the new Council's initial agenda.

Item 7: Status Updates

7. 1. Board Update

Rob Hoggarth, in the absence of Denise Michel, drew Council's attention to some of the Adopted Board Resolutions from 26 June 2009.

Namely:
6. Display and Usage of Internationalized Registration Data and noted that staff is working on the resolution

"Resolved (2009.06.26.18), the Board requests that the GNSO and SSAC, in consultation with staff, convene an Internationalized Registration Data Working Group comprised of individuals with knowledge, expertise, and experience in these areas to study the feasibility and suitability of introducing display specifications to deal with the internationalization of Registration Data".

Staff reported that the work is in progress.

7. Prohibition of Redirection and Synthesized DNS Responses by TLDs

"Resolved (2009.06.26.19), that new TLDs, including ASCII and IDN gTLDs and IDN ccTLDs, should not use DNS redirection and synthesized DNS responses. Staff is directed to revise the relevant portions of the draft Applicant Guidebook to prohibit such redirection and synthesis at the top-level for new gTLDs, and to take all available steps with existing gTLDs to prohibit such use."

This led to a comment from Tony Harris who understood that there was a resolution to produce a new Draft Applicant Guidebook that does not hinge on the outcome of the over-arching issues.

Avri Doria responded that it was her understanding that there were no steps dealing with the over-arching issues blocking the publication of the next Draft Applicant Guide Book. These will be included to the extent to which the staff decides to include them.

Chuck Gomes noted for the record that although the country code (CC) world has the same issue, and for the most cases they cannot be directed to take action, in implementation, only the GNSO is being directed to take action on prohibiting redirection and synthesised DNS responses by TLDs.

7. 2. ccNSO Liaison update

Olga Cavalli provided Council with an update on the next steps for the Internationalised Domain Names country code policy development process working group 1 (IDN ccPDP WG 1)
The charter requires the WG to produce a topic paper for public consultation by 2 October 2009, on policy proposals for the selection and delegation of IDN ccTLDs and a public discussion with the relevant stakeholders at the Seoul ICANN meeting.

IDN ccPDP WG 1 members and observers include:

Several ccNSO members and observers including Chris Disspain, chair of the ccNSO
2 ALAC members, 2GAC members, 2 GNSO members and observers, Olga Cavalli, Edmon Chung, Avri Doria (observer), Chuck Gomes (observer), 1 Technical community representative, 1 SSAC member, 1 Expert on standardisation, ICANN staff

7. 3. Geographical Region WG update

Olga Cavalli reported that following a period of public consultation, the Group’s Charter was approved by the ICANN Board on 26th June 2009. The working group attempts to identify how and where “ICANN Geographic Regions” are currently applied in the existing ICANN structures.
It does not attempt to identify specific problems, nor does it provide recommended solutions to any such problems.
The Initial Report will be submitted for public comment when it has been translated into the six United Nation languages and the expected timeline for the comment period to close is at the end of August, beginning of September 2009.

7. 4. Joint AC/SO Efforts

Avri Doria noted that there were three joint Advisory Committee and Supporting Organisation (AC/SO)efforts,

  • the prospective SSAC GNSO work,
  • the Joint ccNSO-GNSO IDN Working Group (JIG) and
  • the Registrar Accreditation Agreement (RAA) drafting team.

7. 5. 1. 1. Fast Flux

Fast Flux Final Report update provided by Mike Rodenbaugh:
http://gnso.icann.org/mailing-lists/archives/council/msg07108.html

7. 5. 1. 2. Registration Abuse Policies Working Group (RAPWG)

(RAPWG) update provided by Mike Rodenbaugh:
http://gnso.icann.org/mailing-lists/archives/council/msg07107.html

7. 6. 1. Travel Policy Drafting Team - Travel Preparation for Seoul

Avri Doria proposed writing to Kevin Wilson and/or the ICANN Board requesting special consideration for travel support for, not only the members of the new bi-cameral council to be seated at Seoul, but also for those current Council members who may not be continuing on the new Council so as to provide continuity to the GNSO Council during its restructuring, reorganization and 'improvement process.'
The travel drafting team should submit comments when the travel guidelines are published.

7. 6. 2. IDNG Working Group update - IDNG Draft Charter

Avri Doria encouraged the IDNG drafting team to continue discussions.
Edmon Chung made the following observations with regard to moving forward:

*there needs to be a backup plan in case the new gTLD process is further delayed because the aim is for the new gTLD process and the IDN ccTLD Fast Track to adhere to a close timeframe.

*examine other potential ways to address the issue of the time parity between the IDN ccTLDs and IDN gTLDs.

*what will the Fast Track look like and will it meet certain criteria that the community feels strongly about?

7. 7. 1. & 2. Policy Process Steering Committee (PPSC) Policy Development Process (PDP) work team (WT) & PPSC Working Group work team WGWT

Avri Doria made a plea for increased participation in both the Policy Process Steering Committee (PPSC) Policy Development Process (PDP) work team and the PPSC Working Group (WG) work team where work is in progress, albeit very slow, on the planning and initiation phases.

7. 7. 3. .1 & 2. & 3. Operations Steering Committee (OSC) Communications coordination work team

Chuck Gomes encouraged councillors to provide brief updates on the Council list 24 hours before a Council meeting as a way of shortening the meetings.
OSC updates:
http://gnso.icann.org/mailing-lists/archives/council/msg07109.html

7. 7. 4. OSC Constituency operations work team

Olga Cavalli encouraged all the constituencies to participate in the constituency operations work team, and noted that participation from the Commercial and Business Users constituency was needed.

7. 8. 1. Status of By-Law amendments

Rob Hoggarth commented that the Bylaw amendments were open for public comment and the Board would probably not be acting on them at its next meeting on 30 July 2009.
http://www.icann.org/en/public-comment/#gnso-restructure1

7. 8. 2. Stakeholder Group Charters

Rob Hoggarth noted that the comment period on the GNSO Stakeholder Group charters was extended to 23 July 2009
http://www.icann.org/en/public-comment/#stakeholder
and mentioned that the staff prepared and posted with the comments, some additional Charter elements relating to transparency, openness, fairness and representativeness

Bill Drake, commenting on the suggested additional Charter elements, asked for an explanation of how active and inactive parties in each GNSO structure would be determined, who would collect the information and who would be making judgments about what constitutes active and inactive, and whether the quality of the activity would be judged?

Rob Hoggarth responded that from a transparency perspective it is a suggestion, no judgment is intended, to identify who is participating, and the quality of the participation. The means of evaluating will be up to the GNSO and given the differences in the various parts of the community different approaches can be expected.

7. 8. 3. Constituency Charters

Rob Hoggarth noted that there are two kinds of constituency Charters:
- existing charters submitted for reconfirmation which are on hold until the Stakeholder Group Charters are approved
- four new constituency petitions still to be discussed by the Board.

A question was raised about where the new constituencies would fit into the new GNSO structure, and although it was considered not within the Council's purview, it was suggested as an item for the next Council agenda.

7. 9. Countdown to Seoul - Schedule check

Avri Doria proposed discussing the issue further with Rob Hoggarth as future schedules depend on the Board decisions on 30 July 2009.

Avri Doria adjourned the GNSO Council meeting and thanked everyone for their participation.

The meeting ended at 18:03 UTC.

Next GNSO Council teleconference will on 13 August 2009 at 13:00 UTC.
see: Calendar