[council] REVISED (10/08/04): GNSO Council draft minutes 5 August 2004

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

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

Dear Councillors,

Attached in html and in text version, please find the revised
(10/08/04)draft minutes of the GNSO Council teleconference on August 5 2004.

I will be happy to make any further changes required.

Thank you.

Kind regards,

Glen de Saint Géry
GNSO Secretariat
****************************************************************************
**
05 August 2004

Proposed agenda and related documents


List of attendees:
Philip Sheppard - Commercial & Business users C.
Marilyn Cade - Commercial & Business users C.
Grant Forsyth - Commercial & Business users C.
Greg Ruth - ISCPC - absent - apologies - proxy to Tony Harris
Antonio Harris - ISCPC
Tony Holmes - ISCPC - absent - apologies - proxy to Tony Harris
Thomas Keller- Registrars - proxy to Alick Wilson for item 3 because of
conflict of interests
Ross Rader - Registrars - proxy to Alick Wilson for item 3 because of
conflict of interests
Bruce Tonkin - Registrars - proxy to Alick Wilson for item 3 because of
conflict of interests
Ken Stubbs - gTLD registries
Philip Colebrook - gTLD registries
Cary Karp - gTLD registries
Lucy Nichols - Intellectual Property Interests C - joined call late
Niklas Lagergren - Intellectual Property Interests C - absent - apologies -
proxy to Lucy Nichols
Kiyoshi Tsuru - Intellectual Property Interests C.
Jisuk Woo - Non Commercial users C. - absent - apologies- proxy to Marc
Schneiders
Marc Schneiders - Non Commercial users C.
Carlos Afonso - Non Commercial users C. - joined call late
Alick Wilson
Demi Getschko
Amadeu Abril I Abril - proxy to Alick Wilson for item 3 because of conflict
of interests


17 Council Members

GNSO Council Rule of Procedures do not limit the number of proxies one
person may hold.
All Council members confirmed their willingness to exercise the proxy votes
they held.

Kurt Pritz - Vice President, Business Operations
Tina Dam - Chief gTLD Registry Liaison
Barbara Roseman - ICANN Staff Manager

Thomas Roessler - ALAC Liaison

Michael Palage - ICANN Board (GNSO seat 14) - observer


Paul Verhoef - Vice President, Policy Development Support - absent -
apologies
Christopher Wilkinson - GAC Secretariat - absent - apologies
Suzanne Sene - GAC Liaison - absent

Glen de Saint Géry - GNSO Secretariat

MP3 Recording
Quorum present at 12:05 UTC,

Bruce Tonkin and Philip Sheppard chaired this teleconference.

Item 1: Approval of Agenda

Agenda approved


Item 2: Approval of the Minutes of 16 June 2004 and Minutes of 12 July 2004

Bruce Tonkin seconded by Ken Stubbs moved the adoption of the Minutes of 16
June 2004 and the Minutes of 12 July 2004

The motion carried unanimously

Decision 1: The Minutes of 16 June 2004 and the Minutes of 12 July 2004 were
adopted


Item 3: For decision: Criteria for designating a successor for the .net
registry Version 9 (revised)

Bruce Tonkin, in view of his conflict of interest declaration with respect
to vote on .net criteria, handed the chair to Philip Sheppard.

Philip Sheppard asked whether there were other conflict of interest
declarations.
Thomas Keller , Amadeu Abril lAbril, and Ross Rader declared conflict of
interests and gave their proxies with undirected votes to Alick Wilson.
Ken Stubbs stated that he was a director of Afilias, but would be voting as
directed by the gTLD registries constituency.

Philip Sheppard read the proposed resolution before Council:

"In response to the letter from Paul Verhoef on 31 March 2004 requesting
that the GNSO provide advice with a consensus statement defining the
criteria to be applied in the selection of a successor registry operator for
.net, and in accordance with section 5.2 and 4.3 of the .net registry
agreement, the GNSO recommends that the following criteria (as detailed in
the Final report of the GNSO subcommittee) be applied:

- absolute criteria related to the targeting
- absolute criteria related to continuity
- absolute criteria related to policy compliance
- absolute criteria related to stability, security, technical and financial
competence
- relative criteria related to promotion of competition - relative criteria
relating to stability, security, technical and financial competence
- relative criteria related to existing registry services,
and provides the attached written report which includes all substantive
submissions to the GNSO relating to this recommendation, as required in
section 4.3.1 of the .net agreement. Absolute criteria are thresholds which
an applicant is expected to meet, and relative criteria become relevant once
absolute criteria are met and are recommended as a basis for comparison and
evaluation of competing applications."

Alick Wilson commented that he had been entrusted with 4 proxies, that the
report before Council had the unanimous supported of the GNSO Council .net
subcommittee, that there had been comprehensive opportunity for outreach,
that the report had been open to two public comment periods and that the
GNSO Constituencies were all consulted.


Voting: 21 Votes in favour, 2 votes against (Ken Stubbs), 2 votes as
abstentions (Philip Colebrook), 2 votes absent (Lucy Nichols, Niklas
Lagergren).

The resolution was passed by the GNSO Council.

Decision 2: The resolution (as above) on Designating a successor operator
for the .net registry was approved as a consensus statement, having a
greater than two-thirds majority vote.

Ken Stubbs, supported by Marilyn Cade and Cary Karp proposed that the
statement crafted at the suggestion of the gTLD registry constituency
members at their constituency meeting on August 4 2004, be included as a
covering letter to the report.

Bruce Tonkin proposed voting by name on the text and proxy votes were
reconfirmed.

"The GNSO believes that all material provisions of the new .net Agreement
should be made known to the public in the draft and final RFPs. This
includes, but is not limited to, any information regarding the proposed fee
structure to be paid by the subsequent .net registry operator to ICANN. Only
with such information can an applicant truly propose a realistic, viable,
and appropriate business, technical and financial model. In addition, such
information known in advance by the applicants will also help in ensuring a
smooth negotiation process with the successor operator after its selection."

Voting: 24 votes in favour, 2 votes as abstentions (Marc Schneiders, Jisuk
Woo), 1 vote absent (Carlos Afonso).

The motion was approved by the GNSO Council.


Decision 3: "The GNSO believes that all material provisions of the new .net
Agreement should be made known to the public in the draft and final RFPs.
This includes, but is not limited to, any information regarding the proposed
fee structure to be paid by the subsequent .net registry operator to ICANN.
Only with such information can an applicant truly propose a realistic,
viable, and appropriate business, technical and financial model. In
addition, such information known in advance by the applicants will also help
in ensuring a smooth negotiation process with the successor operator after
its selection."

Philip Sheppard seconded by Ken Stubbs moved a motion:

Whereas, the GNSO Council .net subcommittee had completed its work, the
subcommittee be formally dissolved.


The motion was unanimously approved by the GNSO Council.

Decision 4: Whereas, the GNSO Council .net subcommittee had completed its
work, the subcommittee be formally dissolved.

Philip Sheppard formally handed the chair back to Bruce Tonkin.

Item 4: Any Other Business.

Bruce Tonkin reported that the draft initial report, on the Procedure for
use by ICANN in considering requests for consent and related contractual
amendments to allow changes in the architecture or operation of a gTLD
Registry, published on July 15 2004, brought to Council's attention during
the GNSO Council meeting in Kuala Lumpur on July 20, 2004 had not received
any comment. He proposed a GNSO Council teleconference on August 19, 2004 to
discuss the report and approve putting the report out for a 20 day public
comment period.

Marilyn Cade proposed adding to the next meeting agenda, the process as
related to new gTLDs.

Grant Forsyth reminded Council that the ICANN Nominating Committee had
extended the deadline for Statements of Interest to 25 August 2004 and urged
councillors to participate in the NomCom process in actively seeking
qualified candidates for key positions within ICANN.


Bruce Tonkin declared GNSO meeting closed and thanked everybody for
participating.
The meeting ended: 13:05 UTC.

Next GNSO Council teleconference will be held on Thursday 19 August 2004 at
12:00 UTC
see: Calendar





<!--#set var="bartitle" value="GNSO Council Teleconference Minutes"-->
<!--#set var="pagetitle" value="GNSO Council Teleconference Minutes"-->
<!--#set var="pagedate" value="05 August 2004"-->
<!--#set var="bgcell" value="#ffffff"-->
<!--#include virtual="/header.shtml"-->
<!--#exec cmd="/usr/bin/perl /etc/gnso/menu.pl 'GNSO Council Teleconference 
Minutes'"-->
<p><font face="Arial, Helvetica, sans-serif">05 August 2004 </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
href="http://gnso.icann.org/meetings/agenda-gnso-05aug04.htm";>agenda 
  and related 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 - absent - apologies - proxy to Tony Harris<br>
  Antonio Harris - ISCPC<br>
  Tony Holmes - ISCPC - absent - apologies - proxy to Tony Harris<br>
  Thomas Keller- Registrars - proxy to Alick Wilson for item 3 because of 
conflict 
  of interests<br>
  Ross Rader - Registrars - proxy to Alick Wilson for item 3 because of 
conflict 
  of interests<br>
  Bruce Tonkin - Registrars - proxy to Alick Wilson for item 3 because of 
conflict 
  of interests<br>
  Ken Stubbs - gTLD registries<br>
  Philip Colebrook - gTLD registries<br>
  Cary Karp - gTLD registries<br>
  Lucy Nichols - Intellectual Property Interests C - joined call late<br>
  Niklas Lagergren - Intellectual Property Interests C - absent - apologies - 
  proxy to Lucy Nichols<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. - joined call late<br>
  Alick Wilson <br>
  Demi Getschko <br>
  Amadeu Abril I Abril</font> - <font face="Arial, Helvetica, sans-serif">proxy 
  to Alick Wilson for item 3 because of conflict of interests</font><br>
</p>
<p><font face="Arial, Helvetica, sans-serif">17 Council Members<br>
  <br>
  <a href="http://gnso.icann.org/council/old-procedures.shtml#Proxies";>GNSO 
Council 
  Rule of Procedures</a> do not limit the number of proxies one person may 
hold.</font><font face="Arial, Helvetica, sans-serif"><br>
  All Council members confirmed their willingness to exercise the proxy votes 
  they held.<br>
  <br>
  Kurt Pritz - Vice President, Business Operations<br>
  Tina Dam - Chief gTLD Registry Liaison <br>
  Barbara Roseman - ICANN Staff Manager<br>
  <br>
  Thomas Roessler - ALAC Liaison</font></p>
<p><font face="Arial, Helvetica, sans-serif">Michael Palage - ICANN Board (GNSO 
  seat 14) - observer<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif">Paul Verhoef - Vice President, 
Policy 
  Development Support - absent - apologies<br>
  Christopher Wilkinson - GAC Secretariat - absent - apologies<br>
  Suzanne Sene - GAC Liaison - absent <br>
  <br>
  Glen de Saint Géry - GNSO Secretariat<br>
  <br>
  </font><font face="Arial, Helvetica, sans-serif"><a 
href="http://gnso-audio.icann.org/GNSO-Council-20040805.mp3";>MP3 
  Recording</a><br>
  Quorum present at 12:05 UTC,<br>
  <br>
  <b>Bruce Tonkin </b>and <b>Philip Sheppard</b> chaired this teleconference. 
  <br>
  <br>
  <b>Item 1: Approval of Agenda </b><br>
  <br>
  Agenda approved <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Approval of the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-16jun04.htm";>Minutes 
  of 16 June 2004</a> and <a 
href="http://gnso.icann.org/meetings/minutes-gnso-12jul04.htm";>Minutes 
  of 12 July 2004</a><br>
  <br>
  Bruce Tonkin </b></font><font face="Arial, Helvetica, sans-serif"><b> 
</b>seconded 
  by<b> Ken Stubbs </b>moved the adoption of the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-16jun04.htm";>Minutes 
  of 16 June 2004</a> and the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-12jul04.htm";>Minutes 
  of 12 July 2004</a><br>
  <br>
  </font><font face="Arial, Helvetica, sans-serif">The motion carried 
unanimously<br>
  <br>
  <b>Decision 1: The <a 
href="http://gnso.icann.org/meetings/minutes-gnso-16jun04.htm";>Minutes 
  of 16 June 2004</a> and the <a 
href="http://gnso.icann.org/meetings/minutes-gnso-12jul04.htm";>Minutes 
  of 12 July 2004</a> were adopted</b></font></p>
<p><font face="Arial, Helvetica, sans-serif"><br>
  <b>Item 3: For decision: Criteria for designating a successor for the .net 
registry 
  <a href="http://www.gnso.icann.org/issues/dotnet/dotnet-reportv9.pdf";>Version 
  9 (revised) </a><br>
  <br>
  Bruce Tonkin, </b><b> </b>in view of his <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00536.html";>conflict
 
  of interest declaration</a> with respect to vote on .net criteria, handed the 
  chair to <b>Philip Sheppard</b>.<br>
  <br>
  <b>Philip Sheppard</b> asked whether there were other conflict of interest 
declarations.<br>
  <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00544.html";>Thomas
 
  Keller</a> , <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00539.html";>Amadeu
 
  Abril lAbril, </a>and <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00545.html";>Ross 
  Rader</a> declared conflict of interests and gave their proxies with 
undirected 
  votes to <b>Alick Wilson</b>.<br>
  <b>Ken Stubbs</b> stated that he was a director of Afilias, but would be 
voting 
  as directed by the gTLD registries constituency.<br>
  <br>
  <b>Philip Sheppard</b> read the proposed resolution before Council:<br>
  <br>
  "In response to the letter from Paul Verhoef on 31 March 2004 requesting that 
  the GNSO provide advice with a consensus statement defining the criteria to 
  be applied in the selection of a successor registry operator for .net, and in 
  accordance with section 5.2 and 4.3 of the .net registry agreement, the GNSO 
  recommends that the following criteria (as detailed in the <a 
href="http://www.gnso.icann.org/issues/dotnet/dotnet-reportv9.pdf";>Final 
  report of the GNSO subcommittee</a>) </font><font face="Arial, Helvetica, 
sans-serif">be 
  applied:<br>
  <br>
  - absolute criteria related to the targeting<br>
  - absolute criteria related to continuity <br>
  - absolute criteria related to policy compliance<br>
  - absolute criteria related to stability, security, technical and financial 
  competence <br>
  - relative criteria related to promotion of competition - relative criteria 
  relating to stability, security, technical and financial competence <br>
  - relative criteria related to existing registry services, <br>
  and provides the <a 
href="http://gnso.icann.org/issues/dotnet/dotnet-reportv9.pdf";>attached 
  written report</a> which includes all substantive submissions to the GNSO 
relating 
  to this recommendation, as required in section 4.3.1 of the .net agreement. 
  Absolute criteria are thresholds which an applicant is expected to meet, and 
  relative criteria become relevant once absolute criteria are met and are 
recommended 
  as a basis for comparison and evaluation of competing applications." <br>
  <br>
  <b>Alick Wilson</b> commented that he had been entrusted with 4 proxies, that 
  the <a 
href="http://gnso.icann.org/issues/dotnet/dotnet-reportv9.pdf";>report</a> 
  before Council had the unanimous supported of the GNSO Council .net 
subcommittee, 
  that there had been comprehensive opportunity for outreach, that the <a 
href="http://gnso.icann.org/issues/dotnet/dotnet-reportv9.pdf";>report</a> 
  had been open to two public comment periods and that the GNSO Constituencies 
  were all consulted. <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif">Voting: 21 Votes in favour, 2 
votes 
  against (Ken Stubbs), 2 votes as abstentions (Philip Colebrook), 2 votes 
absent 
  (Lucy Nichols, Niklas Lagergren).</font></p>
<p><font face="Arial, Helvetica, sans-serif">The resolution was passed by the 
  GNSO Council</font>.<br>
  <b><br>
  <font face="Arial, Helvetica, sans-serif">Decision 2: The resolution (as 
above) 
  on Designating a successor operator for the .net registry was approved as a 
  consensus statement, having a greater than two-thirds majority vote.<br>
  <br>
  Ken Stubbs, </font></b><font face="Arial, Helvetica, sans-serif">supported 
by</font><b><font face="Arial, Helvetica, sans-serif"> 
  Marilyn Cade </font></b><font face="Arial, Helvetica, 
sans-serif">and</font><b><font face="Arial, Helvetica, sans-serif"> 
  Cary Karp </font></b><font face="Arial, Helvetica, sans-serif">proposed that 
  the statement crafted at the suggestion of the gTLD registry constituency 
members 
  at their constituency meeting on August 4 2004, be included as a covering 
letter 
  to the report.<br>
  <br>
  <b>Bruce Tonkin</b> proposed voting by name on the text and proxy votes were 
  reconfirmed. </font></p>
<p><font face="Arial, Helvetica, sans-serif">&quot;The GNSO believes that all 
  material provisions of the new .net Agreement should be made known to the 
public 
  in the draft and final RFPs. This includes, but is not limited to, any 
information 
  regarding the proposed fee structure to be paid by the subsequent .net 
registry 
  operator to ICANN. Only with such information can an applicant truly propose 
  a realistic, viable, and appropriate business, technical and financial model. 
  In addition, such information known in advance by the applicants will also 
help 
  in ensuring a smooth negotiation process with the successor operator after 
its 
  selection." <br>
  <br>
  Voting: 24 votes in favour, 2 votes as abstentions (Marc Schneiders, Jisuk 
Woo), 
  1 vote absent (Carlos Afonso).<br>
  <br>
  The motion was approved by the GNSO Council.<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Decision 3: &quot;The GNSO 
believes 
  that all material provisions of the new .net Agreement should be made known 
  to the public in the draft and final RFPs. This includes, but is not limited 
  to, any information regarding the proposed fee structure to be paid by the 
subsequent 
  .net registry operator to ICANN. Only with such information can an applicant 
  truly propose a realistic, viable, and appropriate business, technical and 
financial 
  model. In addition, such information known in advance by the applicants will 
  also help in ensuring a smooth negotiation process with the successor 
operator 
  after its selection." <br>
  <br>
  Philip Sheppard </b>seconded by<b> Ken Stubbs </b>moved a motion:</font></p>
<p><font face="Arial, Helvetica, sans-serif">Whereas, the GNSO Council .net 
subcommittee 
  had completed its work, the subcommittee be formally dissolved.<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif">The motion was unanimously 
approved 
  by the GNSO Council. <br>
  <br>
  <b>Decision 4: Whereas, the GNSO Council .net subcommittee had completed its 
  work, the subcommittee be formally dissolved.<br>
  <br>
  Philip Sheppard </b>formally handed the chair back to<b> Bruce Tonkin.<br>
  <br>
  Item 4: Any Other Business.<br>
  <br>
  Bruce Tonkin </b>reported that the <a 
href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.pdf";>draft 
  initial report</a>, on the Procedure for use by ICANN in considering requests 
  for consent and related contractual amendments to allow changes in the 
architecture 
  or operation of a gTLD Registry, published on July 15 2004, brought to 
Council's 
  attention during the GNSO Council meeting in Kuala Lumpur on July 20, 2004 
had 
  not received any comment. He proposed a GNSO Council teleconference on August 
  19, 2004 to discuss the report and approve putting the report out for a 20 
day 
  public comment period.<br>
  <br>
  <b>Marilyn Cade </b>proposed adding to the next meeting agenda, the process 
  as related to new gTLDs.<br>
  <br>
  <b>Grant Forsyth</b> reminded Council that the ICANN Nominating Committee had 
  <a href="http://www.icann.org/announcement-02aug04.htm";>extended the deadline 
  </a>for Statements of Interest to 25 August 2004 and urged councillors to 
participate 
  in the NomCom process in actively seeking qualified candidates for key 
positions 
  within ICANN.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><br>
  <b>Bruce Tonkin</b> <b>declared GNSO meeting closed and thanked everybody for 
  participating.<br>
  The meeting ended: 13:05 UTC.</b></font></p>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
teleconference 
      will be held on Thursday 19 August 2004 </b><b>at 12:00 </b><b> 
UTC</b><br>
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
  </li>
</ul>
<hr>
<font face="Arial, Helvetica, sans-serif"> 
<p>&nbsp;</p>
<!--#include virtual="../footer.shtml"--> </font>