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[council] GNSO Council draft minutes 21 October 2004 revised

  • To: "council" <council@xxxxxxxxxxxxxx>
  • Subject: [council] GNSO Council draft minutes 21 October 2004 revised
  • From: "GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>
  • Date: Tue, 16 Nov 2004 17:05:53 +0100
  • Importance: Normal
  • Reply-to: <gnso.secretariat@xxxxxxxxxxxxxx>
  • Sender: owner-council@xxxxxxxxxxxxxx

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

Please find the revised draft minutes of the GNSO Council call on October
21, 2004.
The modification has been made to task force participation.

Thank you,

Glen de Saint Géry
GNSO Secretariat
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<!--#exec cmd="/usr/bin/perl /etc/gnso/menu.pl 'GNSO Council Teleconference 
<p>&nbsp; </p>
<p><font face="Arial, Helvetica, sans-serif">21 October 2004 </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
  and related documents</a><br>
<p><font face="Arial, Helvetica, sans-serif"><b>List of attendees:</b><br>
  Philip Sheppard - Commercial &amp; Business users C. - absent, apologies, 
  to Grant Forsyth/Marilyn Cade<br>
  Marilyn Cade - Commercial &amp; Business users C. <br>
  Grant Forsyth - Commercial &amp; Business users C - if necessary proxy to 
  Cade. <br>
  Greg Ruth - ISCPC <br>
  Antonio Harris - ISCPC<br>
  Tony Holmes - ISCPC - absent - apologies - proxy to Tony Harris/Greg Ruth<br>
  Thomas Keller- Registrars <br>
  Ross Rader - Registrars <br>
  Bruce Tonkin - Registrars <br>
  Ken Stubbs - gTLD registries <br>
  Philip Colebrook - gTLD registries<br>
  Cary Karp - gTLD registries - if required - proxy to Philip Colebrook/Ken 
  Lucy Nichols - Intellectual Property Interests C <br>
  Niklas Lagergren - Intellectual Property Interests C - absent - apologies - 
  proxy to Lucy Nichols/Kiyoshi Tsuru<br>
  Kiyoshi Tsuru - Intellectual Property Interests C. <br>
  Jisuk Woo - Non Commercial users C. - absent - proxy to Carlos Afonso/ Marc 
  Schneiders <br>
  Marc Schneiders - Non Commercial users C. - absent apologies - proxy to 
  Afonso/ Jisuk Woo,/Ross Rader/ Bruce Tonkin<br>
  Carlos Afonso - Non Commercial users C. - absent - apologies - proxy to Marc 
  Schneiders/Jisuk Woo<br>
  Alick Wilson - absent - apologies - proxy to Bruce Tonkin<br>
  Demi Getschko- absent - apologies - proxy to Amadeu Abril l Abril<br>
  Amadeu Abril I Abril - absent, apologies, proxy to Alick Wilson/Bruce 
<p> <font face="Arial, Helvetica, sans-serif">16 Council Members<br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  Paul Verhoef - Vice President, Policy Development Support - absent, 
  Kurt Pritz - Vice President, Business Operations<br>
  Barbara Roseman - ICANN Staff Manager<br>
  Thomas Roessler - ALAC Liaison</font></p>
<p><font face="Arial, Helvetica, sans-serif">Christopher Wilkinson - GAC 
  Suzanne Sene - GAC Liaison <br>
  Michael Palage - ICANN Board (GNSO seat 14) - observer <br>
  Maureen Cubberley - observer - Nominating Committee appointee to be seated 
  meeting in Cape Town<br>
  Glen de Saint Géry - GNSO Secretariat<br>
  </font><font face="Arial, Helvetica, sans-serif">MP3 Recording<br>
  Quorum present at 12:10<br>
  <b>Bruce Tonkin</b> chaired this teleconference. <br>
  <b>Bruce Tonkin</b> welcomed <b>Maureen Cubberley</b> as an observer, the new 
  Nominating Committee member, who will take office after the Cape Town 
  <b>Item 1: <a 
  of the Agenda</a></b><br>
  Agenda approved<br>
  <b>Lucy Nichols</b> requested an update from the ICANN staff on the WIPO 
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Approval of the <a 
  of 9 September 2004</a><br>
  Ken Stubbs </b>moved the adoption of the <a 
  of 9 September 2004</a><br>
  The motion carried.<br>
  <b>Decision 1: The <a 
  of 9 September 2004</a> were adopted<br>
  Item 3:</b> <a 
  Initial Report</a> on procedure for use by ICANN in considering requests for 
  consent and related contractual amendments to allow changes in the 
  operation of a gTLD registry. <br>
  Bruce Tonkin reported that the reviewed document would be available mid 
  as ICANN General Counsel and staff were incorporating GNSO Council proposals 
  and undertaking a legal review to ensure its implementability.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 4: New gTLD strategy implementation see: <br>
  http://www.icann.org/topics/gtld-strategy-area.html </font></b></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> reported that 
  on <a href="http://www.icann.org/topics/gtld-strategy-area.html";>30 September 
  2004, a paper was posted on the ICANN website</a> &quot;Strategy: 
  of New Generic Top-Level Domains&quot; which outlined a proposed strategy for 
  the implementation of issues such as: International Domain Names at the top 
  level, how names should be</font><b><font face="Arial, Helvetica, 
  </font></b><font face="Arial, Helvetica, sans-serif">allocated, different 
  of business models, and whether sponsored or unsponsored. It was further 
  to seek input from the Security committee, Root Server Committee and Internet 
  Architecture Board, obtain papers from the Organization for Economic 
  and Development (OECD) and the At Large Advisory Committee (ALAC). The ICANN 
  staff will develop a report by 31 December 2004 that combines into a single 
  document the issues identified by groups such as OECD, SSAC, RSSAC, IETF, and 
  <b>Kurt Pritz </b>commented that the strategy recognized:<br>
  - the complexity of the issues, <br>
  - the difficulty of aligning timelines <br>
  - the rapidly changing environment and landscape for decisions and 
  The best way to fashion the strategy was to develop a flexible process taking 
  into consideration the changing environment.<br>
  A feature is to involve the GNSO at 2 places,<br>
  - review of the strategy <a 
  - input </font><font face="Arial, Helvetica, sans-serif">into the 
  of a procedure for the designation of gTLDs during 2005.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"> <br>
  </font></b><font face="Arial, Helvetica, sans-serif">Taking into account the 
  narrow time lines and the possibility that the GNSO Council might not be able 
  to provide input to the ICANN Board by January 2005, through a policy 
  process (pdp); <br>
  </font><b><font face="Arial, Helvetica, sans-serif">Bruce Tonkin 
</font></b><font face="Arial, Helvetica, sans-serif">proposed 
  inviting a group of GNSO Council volunteers to study the process, determine 
  where GNSO Council input should be provided, the timelines required, and the 
  best way for the process to work post 31 December 2004</font>.<font 
face="Arial, Helvetica, sans-serif"><br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 5: Update on WHOIS:</font></b></p>
<p><b><font face="Arial, Helvetica, sans-serif">Marilyn Cade </font></b><font 
face="Arial, Helvetica, sans-serif">reported 
  that Whois task force 1 &amp; 2 were currently discussing 3 topics:<br>
  1. Progress was being made on conspicuous notice, and it was being debated 
  it should be conspicuous notice and consent. <br>
  2. Procedure to deal with national conflicts <br>
  3. Tiered access. <br>
  Participation was reported to be fairly consistent in general with all the 
  represented. <br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Ken Stubbs </font></b><font face="Arial, Helvetica, sans-serif">reported that 
  Whois task force 3 draft recommendations needed further work to attain the 
  level of consensus. </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">commented 
  that Whois task force 3 mailing list traffic indicated areas where the 
  and the Intellectual Property Constituency representatives 
disagreed</font><b><font face="Arial, Helvetica, sans-serif">, 
  </font></b><font face="Arial, Helvetica, sans-serif">and that it would be 
  useful if the other constituencies would provide their input on the mailing 
  list.</font><b><font face="Arial, Helvetica, sans-serif"><br>
  Barbara Roseman </font></b><font face="Arial, Helvetica, sans-serif">and 
  Rader</b> reiterated the importance of all the constituencies contributing 
  <b>Barbara Roseman</b> added that the disagreeing parties might be able to 
  agreement on language on a small issue, but on the much larger questions they 
  did not reflect a consensus building process. <br>
  <b>Marilyn Cade</b> commented that consensus was determined by a vote at the 
  Council level. The job of the task forces was to provide a report, and most 
  task forces did vote to support the policy recommendations put forward<b>.<br>
  Bruce Tonkin</b> urged constituency representatives on the task forces give 
  input on what they supported or did not support</font><b><font face="Arial, 
Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">and encouraged the task 
  force as a whole to identify where there was or was not 
agreement.</font><b><font face="Arial, Helvetica, sans-serif"><br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">recommended 
  that for the Cape Town ICANN meeting, the Whois task forces 1/2 and 3: <br>
  - attempt to provide recommendations with a reasonable degree of finality and 
  consensus which could be presented in a public forum to solicit public input. 
  - schedule task force meetings in Cape Town to focus on particular topics 
  ongoing work would be required.</font><br>
  <b><font face="Arial, Helvetica, sans-serif"><br>
  Item 6: GNSO Council review by ICANN Board <br>
  - Council to do self-review as input to external consultant <br>
  Bruce Tonkin </font></b><font face="Arial, Helvetica, sans-serif">reported 
  the ICANN</font> <font face="Arial, Helvetica, sans-serif">Board, on 18 
  considered and approved the <a 
  of Reference for the GNSO Council review</a> <br>
  In summary:<br>
  1. Policy achievements. <br>
  Has the GNSO Council contributed to ICANN policy development?<br>
  § Analysis. List the policy achievements of the GNSO as administered by the 
  Council indicating in a tabular form: <br>
  o what has been done <br>
  o what is work in progress <br>
  o how was this done (task force, committee of the whole etc) <br>
  o what has resulted in change to the contracts of registries or registrars. 
  o what has resulted in other types of change (guidelines etc.) <br>
  § Do these policies have relevance for ICANN?<br>
  2. Outreach, geographic diversity and transparency. <br>
  Has the GNSO Council contributed to other ICANN core values such as outreach, 
  bottom-up consensus based policy development, geographical diversity and 
  3. PDP timelines. Are the timelines relevant?<br>
  4. Staff support for policy development.<br>
  Has there been effective ICANN staff support for policy development?<br>
  5. Policy implementation and compliance. <br>
  After the completion of policy development has policy implementation, 
  and outcome been effective?<br>
  6. Demand-based raising of policy issues. <br>
  Is the current mechanism of alerting the GNSO Council to new policy issues 
  7. Voting pattern.<br>
  Does the Council vote as a consensual body?<br>
  8. Number of constituency representatives.<br>
  Has the presence of three rather than two representatives per constituency 
  or hindered the GNSO Council?<br>
  9. Communication to the ICANN community. <br>
  Are the enabling mechanisms for GNSO Council outreach effective?</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> commented that 
  ICANN would appoint an external consultant to produce a report and suggested 
  that Council do a review of the 9 topics and make recommendations as input to 
  the consultants report.<br>
  </font><b><font face="Arial, Helvetica, sans-serif"><br>
  Item 8: GNSO Council chair election <br>
  - Bruce Tonkin's term expires 20 November 2004 <br>
  - recommend start two week nomination period <br>
  - hold election at next Council meeting <br>
  </font></b><font face="Arial, Helvetica, sans-serif"><br>
  <b>Bruce Tonkin</b> responding to a comment by <b>Ken Stubbs</b>, referred to 
  the <a 
  bylaws</a> Section 3. GNSO Council:<br>
  7. The GNSO Council shall select the GNSO Chair, for a term the GNSO Council 
  specifies but not longer than one year, by written ballot or by action at a 
  meeting. Any such selection must have affirmative votes comprising a majority 
  of the votes of all the members of the GNSO Council. <br>
  <b>Marilyn Cade</b>, seconded by<b> Cary Karp</b> proposed a procedural 
  To proceed with the election of chair for the GNSO Council and open 
  starting 21 October 2004 for a two week period, ending 4 November 2004 at 12 
  noon UTC. <br>
  At the next GNSO Council meeting a vote will be held for the election of the 
  chair. <br>
  The term of office will be for one year. <br>
  The procedural motion carried. 21 votes in favour, 4 people did not vote, 2 
  abstentions <br>
  <b>Decision 2:<br>
  To proceed with the election of chair for the GNSO Council and open 
  starting 21 October 2004 for a two week period, ending 4 November 2004 at 12 
  noon UTC. <br>
  At the next GNSO Council meeting a vote will be held for the election of the 
  chair. <br>
  The term of office will be for one year. </b><br>
  <b><font face="Arial, Helvetica, sans-serif">Item 7: GNSO Council elections 
  - terms of some Council members expire at end of 2004 annual general meeting 
  </font><font face="Arial, Helvetica, sans-serif"><font face="Arial, 
Helvetica, sans-serif">Bruce 
  Tonkin</font></font></b><font face="Arial, Helvetica, sans-serif"><font 
face="Arial, Helvetica, sans-serif"> 
  commented that <font face="Arial, Helvetica, sans-serif"><font face="Arial, 
Helvetica, sans-serif">Council 
  wished to stay with 3 representatives per constituency (see <a 
  Council meeting, 14 August 2003</a>) and that it would be considered as part 
  of the review process.</font></font></font></font><b><font face="Arial, 
Helvetica, sans-serif"><br>
  </font></b> <br>
  </font><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> proposed 
  that volunteers from the Council draft a self review of Council, write their 
  own recommendations as an outcome of that review, and those recommendations 
  would be conveyed to the Board.<br>
  Bruce Tonkin</b> clarified that according to the <a 
  bylaws</a>, Section 4. Periodic Review of ICANN Structure and Operations, the 
  GNSO Council review should be complete by the Cape Town meeting.<br>
  <b>Kurt Pritz </b>clarified that on 31 October 2003, in <a 
  the ICANN Board</a> adopted the following resolution:<br>
  Response to GNSO Council Request to Maintain Three Representatives per 
  Whereas, the GNSO Council has requested on 14 August 2003, that the change to 
  the number of constituency representatives on the GNSO Council remain 
  at three (3) representatives per constituency instead of two (2) 
  per constituency as is scheduled to occur at the end of this 2003 Annual 
  Whereas, the GNSO Council?s predecessor organization DNSO Names Council 
  on 1 August 2002, that the GNSO Council be made up of three (3) 
  per constituency. <br>
  Whereas, Article I, Section 2 (4) sets out as a core value that: -"Seeking 
  supporting broad, informed participation reflecting the functional, 
  and cultural diversity of the Internet at all levels of policy development 
  Whereas, Article XX, Section 5 (8), in setting out the originally proposed 
  that: "In the absence of further action on the topic by the New Board, each 
  of the GNSO constituencies shall select two representatives to the GNSO 
  Whereas, the Board wishes to take action in support of the GNSO Council and 
  in response to the GNSO Council?s request. <br>
  Resolved [03.164] to change the transition article (Article XX) to allow 
  representatives per constituency on the GNSO Council until the end of the 
  annual meeting 2004; <br>
  Resolved [03.165] to perform a review of the GNSO Council in or around July 
  2004 which should include among other aspects of the review criteria, an 
  of the efficacy of having three representatives from each constituency on the 
  GNSO Council. <br>
  <b>Kurt Pritz</b> commented on two points:<br>
  </font><font face="Arial, Helvetica, sans-serif">if something were presented 
  to the Board to consider before Cape Town it should be done with reference to 
  the resolution taken on <a 
  October 2003</a> <br>
  Board papers were generally due two weeks before the Board meeting, so the 
  date would be the first week in November<br>
  <b>Bruce Tonkin</b> proposed that the GNSO create its own set of 
  which would include the 3 versus 2 representatives per constituency in 
  with Council's wish, and present those to the Board for the Cape Town 
  </font><b><font face="Arial, Helvetica, sans-serif">Item 9: Update on 
  for ICANN meeting in Cape Town <br>
  Kurt Pritz</font></b><font face="Arial, Helvetica, sans-serif"> and <b>Bruce 
  Tonkin</b> outlined the program</font><b><font face="Arial, Helvetica, 
  </font></b><font face="Arial, Helvetica, sans-serif"><b>Tuesday 30 November 
  Board and ICANN staff meetings</font></p>
<p><font face="Arial, Helvetica, sans-serif">Tuesday 30 November 2004 - 
  - GNSO Review <br>
  <b>Wednesday 1 December 2004</b><br>
  WSIS <br>
  Welcome <br>
  - to define the projected outcome of the meetings <br>
  -introductory remarks by ministers <br>
  IDN workshop on African languages </font></p>
<p><font face="Arial, Helvetica, sans-serif">GNSO task forces: <br>
  WHOIS Task Forces <br>
  Council group to consider the approval of new registry services<br>
  <b>Thursday 2 December 2004</b><br>
  7:30 - 9:00 GNSO breakfast<br>
  Constituency Day <br>
  Official reception <br>
  Friday 3 December 2004 </b><br>
  8:30 10:30 GNSO public forum to raise recommendations from Whois task forces 
  and Council group to solicit public feed back <br>
  10:30 12:30 GNSO Council meeting<br>
  Afternoon session: ICANN public forum<br>
  <b>Saturday 4 December 2004</b><br>
  Public Forum continuation<br>
  <b>Sunday 5 December 2004 </b><br>
  ICANN Board meeting<br>
  <b>Suzanne Sene</b> suggested that the GAC working group meet with the 
GNSO</font><b><font face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">Council and Whois task 
  force chairs on Wednesday 1 December for a lunch meeting</font><b><font 
face="Arial, Helvetica, sans-serif">.<br>
  Item 10: AOB <br>
  1. Update regarding WIPO II Report<br>
  Lucy Nichols </font></b><font face="Arial, Helvetica, 
sans-serif">who</font><b><font face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">requested</font><b><font 
face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif">an update regarding the 
  WIPO ll report</font> <font face="Arial, Helvetica, sans-serif">articulated 
  her concern that WIPO had recommended to ICANN that</font><b><font 
face="Arial, Helvetica, sans-serif"> 
  </font></b><font face="Arial, Helvetica, sans-serif"> certain changes be made 
  to the UDRP as set out in WIPO ll</font><b><font face="Arial, Helvetica, 
  </font></b><font face="Arial, Helvetica, sans-serif"> The ICANN Board 
  the General Counsel to investigate and analyze the legalities on the 
  between WIPO and ICANN. The working group issued a report indicating that 
  was no </font><font face="Arial, Helvetica, sans-serif">consensus on the 
  made by WIPO </font><font face="Arial, Helvetica, sans-serif">and sent it to 
  the President.</font><font face="Arial, Helvetica, sans-serif"> Concern was 
  expressed that according to a Board resolution the President and the staff 
  supposed to give a recommendation to the Board before the Cape Town 
  Discussion indicated that the GNSO Council should make it clear that there 
  been no consensus on the WIPO ll recommendations and it would be difficult to 
  make any recommendation to the Board.<br>
  <b>Bruce Tonkin</b> proposed sending a request from Council to the ICANN 
  Kurt Pritz and John Jeffrey to respond to issue. </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>2. <a 
  Update Report</a></b><br>
  <b>Bruce Tonkin</b> referred to the report <b>Paul Verhoef </b>communicated 
  in response to questions raised during the GNSO Council meeting on <a 
  9, 2004</a>:<br>
  <b>a. Staff recruitment</b></font><br>
  <font face="Arial, Helvetica, sans-serif">The recruitment of the staff 
  relevant to the GNSO is progressing well. To date some one hundred 
  have been received and the process of initial screening has started with the 
  aim to create a shortlist for subsequent interviews. The goal is to try and 
  finalize the recruitment during the first weeks of November and depending on 
  the availability of the chosen candidates, they should be able to commence 
  in 2005. The request for applications will be withdrawn from the ICANN 
  and the various job boards during these days. <br>
  <b>Bruce Tonkin</b> reiterated that some Council members would like to be 
  in the selection process.<br>
  <b>b. Strategic Plan</b><br>
  ICANN's first ever strategic plan is nearing internal completion. The ICANN 
  staff fully realizes the importance of releasing a credible, well though-out, 
  and comprehensive plan which responds to the requests from the community to 
  obtain a better insight in the planning of how ICANN's mission and mandate 
  be implemented on a longer-term basis, in order to set a proper bench-mark 
  future plans. The strategic plan is foreseen to be introduced shortly to the 
  Board and then be posted within the next few weeks. <br>
  c. GNSO Review</b><br>
  At its meeting on 18 October, the ICANN Board has approved the Terms of 
  concerning the Review of the GNSO Council that were jointly developed between 
  a number of Council members and the staff. ICANN staff will now proceed 
  with the search for an external consultant for the role specified in the 
  of Reference. <br>
  Bruce Tonkin requested Council members to come forward with names of of 
  candidates for such an external consultancy role.<br>
  d. Performance of the GNSO Council</b><br>
  As regards the report on the performance of the GNSO Council that Dr. Paul 
  had retained a consultant, Dr. Liz Williams to prepare earlier this year, a 
  public version of the report will be posted by the end of October. <br>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> <b>declared 
  GNSO meeting closed and thanked everybody for participating.<br>
  The meeting ended: 14:03 UTC.</b></font></p>
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
      will be held on Thursday 18 November 2004 </b><b>at 19:00 </b><b> 
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
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