[council] GNSO Council Rome meeting draft minutes 3 March 2004

["GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To: council[at]gnso.icann.org]

Dear All,

Please find the minutes of the GNSO Council meeting held in Rome on 3 March
2004.

If you would like any changes made, please let me know.

Thank you.

Glen de Saint Géry
GNSO Secretariat

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<p><font face="Arial, Helvetica, sans-serif">3 March 2004. </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
href="http://gnso.icann.org/meetings/agenda-gnso-03mar04.shtml";>agenda 
  and documents</a><br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>List of attendees:</b><br>
  Philip Sheppard - Commercial &amp; Business users C.<br>
  Marilyn Cade - Commercial &amp; Business users C.<br>
  Grant Forsyth - Commercial &amp; Business users C. <br>
  Greg Ruth - ISCPC <br>
  Antonio Harris - ISCPC <br>
  Tony Holmes - ISCPC <br>
  Thomas Keller- Registrars <br>
  Ross Rader - Registrars <br>
  Bruce Tonkin - Registrars <br>
  Ken Stubbs - gTLD registries<br>
  Jordyn Buchanan - gTLD registries - remote participation - proxy to Cary 
Karp<br>
  Cary Karp - gTLD registries<br>
  Lucy Nichols - Intellectual Property Interests C <br>
  Niklas Lagergren - Intellectual Property Interests C<br>
  Kiyoshi Tsuru - Intellectual Property Interests C. <br>
  Jisuk Woo - Non Commercial users C. - absent, apologies, proxy to Marc 
Schneiders<br>
  Marc Schneiders - Non Commercial users C. <br>
  Carlos Afonso - Non Commercial users C. <br>
  Alick Wilson <br>
  Demi Getschko <br>
  Amadeu Abril I Abril </font><br>
</p>
<p><font face="Arial, Helvetica, sans-serif">19 Council Members <br>
  <br>
  Thomas Roessler - ALAC Liaison <br>
  <br>
  The WHOIS Task Force Chairs: <br>
  Brian Darville - WHOIS Task Force 3 Chair - remote participation<br>
  <br>
  Barbara Roseman - ICANN Staff Manager<br>
  Glen de Saint Géry - GNSO Secretariat<br>
  <br>
  <a 
href="http://www.icann.org/meetings/rome/captioning-gnso-council-03mar04.htm";>Real
 
  time captioning</a><br>
  Quorum present at 16:00 CET,<br>
  <br>
  <b>Bruce Tonkin </b> chaired the meeting. <br>
  <b><br>
  </b>Item 1: Approval of minutes of last meeting <br>
  - <a href="http://gnso.icann.org/meetings/minutes-gnso-19feb04.shtml";>19 
February 
  2004</a> <br>
  - Actions arising </font><font face="Arial, Helvetica, sans-serif"><b><br>
  <br>
  Ken Stubbs</b>, seconded by Philip Sheppard moved the adoption of the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-19feb04.shtml";>19 
  February minutes</a>. <br>
  The date mentioned in the minutes 21 February to be clarified: Meeting date 
  19 February<br>
  <br>
  The motion was carried. Amadeu Abril I Abril abstained.<br>
  <br>
  <b>Decision 1: <a 
href="http://gnso.icann.org/meetings/minutes-gnso-19feb04.shtml";>Minutes</a> 
  of the teleconference held on February 19 adopted.<br>
  <br>
  Item 2: Update on WHOIS task forces <br>
  Receive an update from the WHOIS task force chairs <br>
  - key outcomes from workshops <br>
  - assess current level of consensus <br>
  - possible recommendations <br>
  </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Jeff Neuman,</b> Whois task 
force 
  1 chair, on restricting access, reported that there had been fruitful 
dialogue 
  on the needs and justifications for Whois information, the differentiation 
between 
  access via port 43 versus web-based access, registrars' mechanisms to put 
speed 
  bumps into the process and tiered access and authentication.<br>
  The following procedural steps were the constituency positions due on March 
  19, the preliminary report with policy recommendations due on April 9 
followed 
  by a 20 day public comment period ending April 29 with the aim of completing 
  the final report mid to late May.<br>
  <b>Tom Keller</b>, who chaired the Whois task force 2 on data collection and 
  display in the absence of <b>Jordyn Buchanan,</b> reported that discussions 
  had been useful, were transcribed and would be incorporated into the data 
gathering 
  material.<br>
  <b>Jordyn Buchanan</b>, through remote participation, commented on the 
process 
  to date saying that the task force was tracking on a similar schedule to the 
  Whois task forces 1 and 3 and also experienced a lack of responses to the 
questionnaire. 
  A separate questionnaire had been sent to the Government Advisory Committee 
  (GAC) and the deadline for responses extended which would result in the 
preliminary 
  report being 10 days behind schedule but that the overall work product would 
  be complete for the GNSO Council to act upon in June and for the ICANN Board 
  to act upon in July.<br>
  <b>Ross Rader</b>, who chaired the Whois task force 3 on data accuracy in the 
  absence of Brian Darville, characterized the session as informative and 
productive 
  from the task force point of view and useful for the community in attendance. 
  The task force viewed it as a start in data collection as responses to the 
surveys 
  been disappointing. He <b> </b>referred to the presentation by <b>Bernard 
Turcotte</b>, 
  from the Canadian Internet Registration Authority, that documented the 
practices 
  and experiences with data verification in a ccTLD context. <br>
  <b>Brian Darville</b>, through remote participation, stated that the task 
force 
  would work from the interim report, the workshop material and constituency 
statements 
  so as to submit a preliminary report by April 9 aiming at the final report to 
  be completed by May 20.<br>
  <b>Bruce Tonkin</b> urged the GNSO constituencies to respond using their 
expertise 
  to develop position statements that addressed the task force terms of 
reference 
  and from which consensus recommendations could be developed.<br>
  He further observed that it was important to be able to measure the success 
  in policy development, and called on the constituencies to consider how they 
  would measure improvement as this could establish benchmarks at the time of 
  implementation, and after implementation, to gauge the success of the 
policy.<br>
  He emphasized that it was important not to try and solve all the problems, 
but 
  rather to make changes which could be measured and so move forward making 
steady 
  improvements.<br>
  <b><br>
  Item 4: Update on PDP for approval process for gtld registry changes<br>
  Receive an update from the GNSO Committee chair <br>
  - key outcomes from workshops<br>
  - assess current level of consensus <br>
  - possible recommendations </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>Bruce Tonkin</b> reported that 
  input had been received from: <br>
  the public, a registry operator, a registrar, all the GNSO constituencies and 
  the At-Large Advisory Committee (ALAC). The following issues were addressed 
  in some of the statements:<br>
  - the decision points required in the approval process<br>
  - criteria that should be applied at the decision points<br>
  - the time lines<br>
  </font><font face="Arial, Helvetica, sans-serif">- keeping within the general 
  principles consistent with the ICANN mission.<br>
  </font><font face="Arial, Helvetica, sans-serif">The committee's ongoing work 
  would be to develop and aim for consensus on a flowchart of the approval 
process 
  which would be the basis for the initial report that would go out for public 
  comment.<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 5: GNSO 2004 planning <br>
  - what are the measurable outcomes we are seeking from ICANN for 2004 given 
  its current level of resourcing <br>
  - ie how do we measure success from policy work? (examples may include 
establishing 
  a baseline for current number of transfer complaints to ICANN, and seeking to 
  reduce that by some percentage, or establishing a baseline for WHOIS data 
accuracy, 
  and seeking to improve that etc)<br>
  - what are the priority areas for further work <br>
  Note the following ranked list of priorities was discussed in the meeting of 
  29 October 2003: (1) registry services (2) WHOIS (3) new gtlds (4) 
enforcement 
  (5) UDRP </b><br>
  <b>Marc Schneiders has also suggested considering policy aspects associated 
  with possible reassignment of the .net gtld. <br>
  </b><br>
  <b>Bruce Tonkin</b> stated that the GNSO Council had to plan for the 
following 
  six months and reminded the members that in October 2003 the priorities 
were:<br>
  Registry approval process, Whois, new gTLDs, enforcement aspects of contracts 
  and the UDRP. In the mean time the reassignment of .net had to be 
considered.<br>
  The GNSO Council relied on the ICANN staff support to assist with policy 
development 
  and implement the policies that were developed thus the accomplishment of the 
  tasks before Council had to be consistent with the available ICANN staff 
resources.<br>
  <b>Bruce Tonkin</b> called upon <b>Paul Verhoef</b> to give a summary of the 
  overall ICANN priorities to place in context issues that the GNSO wished to 
  present.</font><font face="Arial, Helvetica, sans-serif"><br>
  <b>Paul Verhoef</b>, newly appointed Vice President of Policy Development 
Support, 
  responsible for assisting the supporting organizations and committees in 
policy 
  development stated that the resourcing issue was currently receiving 
attention. 
  High on the priority list was the stability of the DNS and the associated 
IANA 
  functions and security. Other priorities included the ccNSO about to start up 
  and the ASO, both of which could benefit from the GNSO experiences, better 
and 
  long term perspective communication with the community, litigation issues, 
the 
  ongoing effort of management to internationalize, Brussels office being an 
example 
  and the general process in the World Summit on Information Society (WSIS) of 
  which the DNS was also a part.<br>
  Questions included:<br>
  - what low-level details could be shared around some of the specific 
initiatives 
  in stability and security. <br>
  - whether the required staff support for the GINS council and other policy 
councils 
  could be engaged in the light of the litigation costs facing ICAO </font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>Paul Verhoef</b> felt he was 
  not qualified to speak on security but responded that the IANA function was 
  basic to the functional mechanism and output of the organization and created 
  concern which should be addressed by structured communication. <br>
  The two positions for the GNSO Council were occupied and the Vice President 
  of Business operations, and himself were concerned that ICANN's basic 
mandates 
  were properly covered by staff while maintaining a fine balance in dealing 
with 
  new demands.<br>
  <br>
  <b>Bruce Tonkin</b> commented that there were a number of elements involved 
  in policy implementation:<br>
  </font><font face="Arial, Helvetica, sans-serif">- What contracts need to 
change 
  to make a new policy enforceable<br>
  - Enforcement as such<br>
  - Cost/revenue model to resource implementation, compliance and 
monitoring.<br>
  He emphasized the importance of continuation and change in the organization 
  and that the threat of external organizations asserting the right to take 
over 
  domain name policy should not be dealt with by ICANN staff alone but also by 
  members of ICANN community and volunteers. The causes of litigation should be 
  looked at in the light of improving processes and strengthening the 
organization.<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif">New gTLDs<br>
  Important issues to consider over 12 month period, 2003 - 2004 were the two 
  aspects of new top level domain names:<br>
  -moving forward with ASCII-based TLDs<br>
  -issues associated with introducing internationalized top level domain 
names.</font><font face="Arial, Helvetica, sans-serif"><br>
  Internationalized domain names were currently being introduced at a second 
level 
  of some of the gTLDs, .com, .net and .info and in some of the ccTLDs. The 
present 
  issue was the introduction of the international domain names at the top 
level, 
  that is introducing them into the root zone file. The technical and policy 
issues, 
  including the criteria that are being set forth for the introduction of new 
  top level domains, are quite separate. </font></p>
<p><font face="Arial, Helvetica, sans-serif">Enforcement<br>
  </font><font face="Arial, Helvetica, sans-serif">Enforcement mechanisms other 
  than complete termination of the contract such as, nuanced mechanisms of 
enforcement 
  at a high level would allow other policy development processes to be enforced 
  without resorting to litigation. It was argued that enforcement was not a 
policy 
  issue but an implementation issue, however a counter argument was made 
looking 
  at two aspects:</font><br>
  <font face="Arial, Helvetica, sans-serif">- implementation of the termination 
  of the contract may be enough to make tangible changes in some market 
participants 
  behaviour<br>
  - in the contract there might be mechanisms on the policy side which should 
  be implemented.<br>
  The registry contracts that have slas in them were given as an example. If 
the 
  registries did not perform the slas, there was a financial penalty to pay to 
  the registrars. This is very rarely brought into force because the registries 
  do an excellent job and adhere to their obligations, possibly because there 
  is a specific and concrete openly attached which motivates compliance and 
acts 
  as an enforcement mechanism.<br>
  <br>
  ICANN/GNSO Meeting format<br>
  It was suggested that the format of the GNSO meetings at the ICANN meetings 
  be revised to keep apart constituency matters and allow for more 
intercommunity 
  discussion. The cross constituency meeting and the workshops on Whois and 
Registry 
  approval services were considered a positive step in that direction.<br>
  <br>
  Test bed<br>
  The term &quot;Test bed&quot; appeared to create confusion, and two concepts 
  were distinguished:<br>
  - market test that is performed on an extensive population<br>
  - technical test that is performed on a constrained population during a 
constrained 
  test period.<br>
  </font><font face="Arial, Helvetica, sans-serif">The use of test beds in the 
  case of International domain names had tended to merge the two separate 
concepts.</font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>6. Any Other Business:<br>
  <br>
  </b>It was proposed that the GNSO Council reiterate its recommendations of 
July 
  24, 2002, to the ICANN Board on the Wait List Service (WLS):</font><br>
  <font face="Arial, Helvetica, sans-serif">-That ICANN Board move with all 
haste 
  to implement and actively enforce the proposed redemption grace period for 
delete 
  policies and practice<br>
  - That ICANN Board rejects Verisign's request <br>
  - That the ICANN Board rejects Verisign's request to trial the WLS for 12 
months.<br>
  It was considered that the appropriate place for such a reiteration would be 
  the public forum.<br>
  <br>
  <b>Marilyn Cade</b>, seconded by <b>Amadeu Abril I Abril </b>proposed a 
resolution 
  recognizing Elisabeth Porteneuve's contributions to the DNSO/GNSO council as 
  the first secretariat and ccTLD represenative/liaison on the occasion of her 
  job assignment change and the discontinuation of her role as cc liaison.<br>
  <br>
  Resolution unanimously carried.<br>
  <br>
  <b>Decision 2: Elisabeth Porteneuve was thanked and recognized by the GNSO 
Council 
  for her contributions to the DNSO/GNSO</b>.<br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  <b>Bruce Tonkin</b> <b>declared GNSO meeting closed, thanked everybody for 
attending 
  as well as Jordyn Buchanan and Brian Darville for their remote 
participation.</b><br>
  <b><br>
  The meeting ended: 17:30 CET( local time)</b></font> </p>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
teleconference 
      April 1, 2004. Time: tbd</b><br>
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
    
  </li>
</ul>
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