[council] GNSO Council draft minutes teleconf. 18 November 2004

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

Dear Councillors,

Please find the draft minutes of the GNSO Council teleconference held on 18
November 2004 in plain text and attached in html.

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

Thanks you very much.

Happy New Year!

Kind regards,
Glen


Glen de Saint Géry
GNSO Secretariat
gnso.secretariat[at]gnso.icann.org
18 November 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
Antonio Harris - ISCPC
Tony Holmes - ISCPC
Thomas Keller- Registrars - absent - apologies - proxy to Ross Rader/Bruce
Tonkin/Alick Wilson
Ross Rader - Registrars
Bruce Tonkin - Registrars
Ken Stubbs - gTLD registries
Philip Colebrook - gTLD registries
Cary Karp - gTLD registries
Lucy Nichols - Intellectual Property Interests C
Niklas Lagergren - Intellectual Property Interests C
Kiyoshi Tsuru - Intellectual Property Interests C. - absent - apologies -
proxy to Lucy Nichols
Jisuk Woo - Non Commercial users C. - absent - proxy to Marc Schneiders
Marc Schneiders - Non Commercial users C.
Carlos Afonso - Non Commercial users C. - absent - apologies - proxy to Marc
Schneiders
Alick Wilson - absent - apologies - proxy to Amadeu Abril l Abril/Demi
Getschko/Bruce Tonkin(directed vote for chair)
Demi Getschko- absent - apologies - proxy to Amadeu Abril l Abril
Amadeu Abril I Abril

15 Council Members

Paul Verhoef - Vice President, Policy Development Support
John Jeffrey - ICANN General Counsel
Kurt Pritz - Vice President, Business Operations
Barbara Roseman - ICANN Staff Manager

Thomas Roessler - acting ALAC Liaison

Christopher Wilkinson - GAC Secretary
Suzanne Sene - GAC Liaison

Michael Palage - ICANN Board (GNSO seat 14) - observer
Patrick Sharry - External Consultant engaged for GNSO Review

Glen de Saint Géry - GNSO Secretariat

MP3 Recording
Quorum present at 20:05

Bruce Tonkin and Philip Sheppard chaired this teleconference.

Item 1: Approval of the Agenda


Bruce Tonkin proposed adding the WIPO ll discussion between Item 3 and Item
4.
Marilyn Cade proposed an update on the Staff support recruitment situation.

Agenda approved


Item 2: Approval of the Minutes of 21 October 2004

Ken Stubbs seconded by Marc Schneiders moved the adoption of the Minutes of
21 October 2004

The motion carried with two abstentions: Niklas Lagergren and Amadeu Abril I
Abril

Decision 1: The Minutes of 21 October 2004 were adopted

Item 3: Election of GNSO Council chair for 12 month term.
Bruce Tonkin handed the chair to Philip Sheppard as he was a candidate for
the GNSO Chair elections.

The GNSO Secretary reported that there had been one nomination, Bruce
Tonkin, seconded by Ross Rader and Demi Getschko.
Philip Sheppard, seconded by Marilyn Cade and Ken Stubbs, proposed a motion
of clarification:

Whereas there had been a question raised as to whether or not the GNSO Chair
could have a renewed term of office .
Whereas the question related to the old Rules of Procedure of the Names
Council and those rules no longer applied under the new ICANN Bylaws,
the vote for the GNSO chair would be solely under the grounds of the current
ICANN bylaws as they apply to the GNSO Council.

The motion carried unanimously with a voice vote, quorum was confirmed
before the vote was taken.

Decision 2:
Whereas there had been a question raised as to whether or not the GNSO Chair
could have a renewed term of office .
Whereas the question related to the old Rules of Procedure of the Names
Council and those rules no longer applied under the new ICANN Bylaws,
the vote for the GNSO chair would be solely under the grounds of the current
ICANN bylaws as they apply to the GNSO Council.

Philip Sheppard proceeded with a nominated vote:

Yes, for Bruce Tonkin as GNSO Chair for the term of one year, until 18
November 2005, no or abstain.


All members present with proxies voted yes, one abstention, Bruce Tonkin.
The vote was confirmed.

Decision 3: Bruce Tonkin is elected GNSO Council chair for one year,
November 18 , 2004 to November 18, 2005.

Philip Sheppard, on behalf of the GNSO Council congratulated Bruce Tonkin
and handed the chair back to him.

Bruce Tonkin proposed a discussion on the WIPO ll issue.
Lucy Nichols requested that prior to the Board receiving ICANN Staff's WIPO
ll recommendation, the GNSO Council be informed of the substance.
The Intellectual Property Constituency's primary concern was that the ICANN
Staff and President would be making a recommendation regarding WIPO II and
that the Board could make a decision based upon that recommendation prior to
the GNSO Council's knowledge and discussion of the recommendation.

John Jeffrey and Paul Verhoef stated that the WIPO staff had provided a
commentary on the work of the WIPO-II committee which would be published for
comment on the ICANN website.

Bruce Tonkin encouraged ICANN to give the Council adequate prior notice so
that there would be an opportunity to comment on the recommendation before
going to the ICANN Board, particularly given that there was no consensus
from the Council, and that the issue was related to gTLDs.

Item 4: Draft Initial Report on 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.
Kurt Pritz reported that the document had been reviewed by the ICANN
President and Senior Staff and that concerns hovered around ICANN's ability
to provide timely service for registry requests. The flow chart was compared
with 18/20 case studies of registry requests for changes over the past year
and the vast majority of them fell into a straight forward category which
did not require all the steps set out in the flow charts. The document is
being revised so as to take into account simple and more complex cases and
will be available before the Cape Town meetings.

Update on Process for appointing staff
Paul Verhoef reported that 2 short lists had been established for the two
GNSO related positions and interviews were taking place with the aim of
engaging shortly the successful candidate for the policy support position
soon while the senior role would likely be filled at the beginning of 2005.

Item 5: Update on process for review of GNSO Council Item
Patrick Sharry, a Master of Science in Decision Sciences from the London
School of Economics, Master of Education in mathematics education, a
Graduate Diploma of Teaching and a Bachelor of Arts comes from a teaching
background and has worked with ICANN over the last 12 months. Currently he
is undertaking the GNSO review process, interviews have been conducted and
the draft report is expected to be complete by mid week, 24 November 2004.

Item 6: ICANN strategic plan
Bruce Tonkin suggested that the Strategic Plan should be an agenda item for
the GNSO Council committee discussion in Cape Town.

Item 7: Update on WHOIS
Marilyn Cade reporting for the Whois combined task force 1 and 2, said that
there would be draft recommendations to put forward at the GNSO public forum
relating to a draft procedure for conflicts, step by step, and Conspicuous
notice, while tiered access was at a developmental and exploratory stage and
work was progressing on identifying expert categories and possible experts
to address the issue. The task force was also working on questions which
could be addressed by the public to be included in the report as guided
comments.
Barbara Roseman reported that Whois task force 3 intended to have a physical
meeting in Cape Town.
Challenges revolved around the ways in which the Intellectual Property
Constituency and other Constituencies saw the usefulness of data accuracy
and the Registrars application of a cost benefit ratio for taking on
additional burdens of verifying accuracy. There appeared to be no
disagreement about the actual issues but about who would bear the costs.
Thomas Roessler commented that there appeared to be no consensus on whether
to optimize for increasing data quality on large scale or to optimize for
going after a small number of bad actors. Sanctions tied to inaccurate data
if there were few cases could be harsher than sanctions applied on a large
scale. Care should be exercised in sanctions as they could destabilize
legitimate domain names on a large scale.

Bruce Tonkin suggested that the task forces meet on Wednesday with the whole
GNSO Council to get additional perspectives and Ken Stubbs suggested that
Barbara Roseman prepare a summary of the fundamental issues involved in task
force 3.


Item 8: Update on planning for ICANN meeting in Cape Town
Suggestions for discussion were as follows:

Tuesday 30 November 2004, 2:00 pm to 4:00 pm

GNSO Council external review
GNSO Council self-review
ICANN Strategic plan
Priority policy issues for 2005

Wednesday 1 December 2004 all day

10:30 to 12:30 Whois
GAC working group /GNSO Council and task force members lunch
4:00 to 6:00 Whois

Friday 3 December 2004 8:30 to 10:30 Public Forum

Whois task force recommendations
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
Summary of workshop solutions to the contention for domain names made
available by a gTLD registry
GNSO Council review
Open microphone for the community to raise issues the GNSO should examine

Bruce Tonkin declared the GNSO meeting closed and thanked everybody for
participating.
The meeting ended: 20:15 UTC.

Next GNSO Council meeting will be held on Friday 3 December 2004 at 10:30
local time, 8:30 UTC in Auditorium 1 in the Cape Town International
Convention Center
see: Calendar





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<p>&nbsp; </p>
<p><font face="Arial, Helvetica, sans-serif">18 November 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 <br>
  Antonio Harris - ISCPC<br>
  Tony Holmes - ISCPC<br>
  Thomas Keller- Registrars - absent - apologies - proxy to Ross Rader/Bruce 
Tonkin/Alick 
  Wilson <br>
  Ross Rader - Registrars <br>
  Bruce Tonkin - Registrars <br>
  Ken Stubbs - gTLD registries <br>
  Philip Colebrook - gTLD registries<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. - absent - apologies - 
proxy 
  to Lucy Nichols<br>
  Jisuk Woo - Non Commercial users C. - absent - proxy to Marc Schneiders <br>
  Marc Schneiders - Non Commercial users C.<br>
  Carlos Afonso - Non Commercial users C. - absent - apologies - proxy to Marc 
  Schneiders<br>
  Alick Wilson - absent - apologies - proxy to Amadeu Abril l Abril/Demi 
Getschko/Bruce 
  Tonkin(directed vote for chair)<br>
  Demi Getschko- absent - apologies - proxy to Amadeu Abril l Abril<br>
  Amadeu Abril I Abril </font></p>
<p> <font face="Arial, Helvetica, sans-serif">15 Council Members<br>
  </font><font face="Arial, Helvetica, sans-serif"><br>
  Paul Verhoef - Vice President, Policy Development Support<br>
  John Jeffrey - ICANN General Counsel<br>
  Kurt Pritz - Vice President, Business Operations<br>
  Barbara Roseman - ICANN Staff Manager<br>
  <br>
  Thomas Roessler - acting ALAC Liaison</font></p>
<p><font face="Arial, Helvetica, sans-serif">Christopher Wilkinson - GAC 
Secretary<br>
  Suzanne Sene - GAC Liaison <br>
  <br>
  Michael Palage - ICANN Board (GNSO seat 14) - observer <br>
  Patrick Sharry - External Consultant engaged for GNSO Review<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-20041118.mp3";>MP3 
  Recording</a><br>
  Quorum present at 20:05<br>
  <br>
  <b>Bruce Tonkin</b> and <b>Philip Sheppard</b> chaired this teleconference. 
  <br>
  <br>
  <b>Item 1: <a 
href="http://gnso.icann.org/meetings/agenda-gnso-18nov04.htm";>Approval 
  of the Agenda</a></b><br>
  <br>
  <br>
  <b>Bruce Tonkin </b>proposed adding the WIPO ll discussion between Item 3 and 
  Item 4. <br>
  <b>Marilyn Cade</b> proposed an update on the Staff support recruitment 
situation.<br>
  <br>
  <a href="http://gnso.icann.org/meetings/agenda-gnso-18nov04.htm";>Agenda 
approved</a> 
  <br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Approval of the </b><a 
href="http://gnso.icann.org/meetings/minutes-gnso-21oct04.htm";>Minutes 
  of 21 October 2004</a><b><br>
  <br>
  Ken Stubbs </b>seconded by <b>Marc Schneiders</b> moved the adoption of the 
  <a href="http://gnso.icann.org/meetings/minutes-gnso-21oct04.htm";>Minutes of 
  21 October 2004</a><br>
  <br>
  The motion carried with two abstentions: Niklas Lagergren and Amadeu Abril I 
  Abril <br>
  <br>
  <b>Decision 1: The </b><a 
href="http://gnso.icann.org/meetings/minutes-gnso-21oct04.htm";>Minutes 
  of 21 October 2004</a> <b>were adopted<br>
  <br>
  Item 3: Election of GNSO Council chair for 12 month term.<br>
  Bruce Tonkin </b>handed the chair to<b> Philip Sheppard </b>as he was a 
candidate 
  for the GNSO Chair elections.<b> <br>
  <br>
  The GNSO Secretary </b>reported that there had been<b> one </b>nomination, 
<b>Bruce 
  Tonkin, </b>seconded by<b> Ross Rader </b>and<b> Demi Getschko. <br>
  Philip Sheppard, </b>seconded by <b>Marilyn Cade and Ken Stubbs, </b>proposed 
  a motion of clarification:<b><br>
  <br>
  Whereas there had been a question raised as to whether or not the GNSO Chair 
  could have a renewed term of office .<br>
  Whereas the question related to the old Rules of Procedure of the Names 
Council 
  and those rules no longer applied under the new <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#X";>ICANN 
  Bylaws</a>, <br>
  the vote for the GNSO chair would be solely under the grounds of the current 
  <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#X";>ICANN 
  bylaws</a> as they apply to the GNSO Council.</b></font></p>
<p><font face="Arial, Helvetica, sans-serif">The motion carried unanimously 
with 
  a voice vote, quorum was confirmed before the vote was taken.</font></p>
<p><font face="Arial, Helvetica, sans-serif">Decision 2:<br>
  <b>Whereas there had been a question raised as to whether or not the GNSO 
Chair 
  could have a renewed term of office .<br>
  Whereas the question related to the old Rules of Procedure of the Names 
Council 
  and those rules no longer applied under the new <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#X";>ICANN 
  Bylaws</a>, <br>
  the vote for the GNSO chair would be solely under the grounds of the current 
  <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#X";>ICANN 
  bylaws</a> as they apply to the GNSO Council.</b> <br>
  <br>
  <b>Philip Sheppard</b> proceeded with a nominated vote:</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Yes, for Bruce Tonkin as GNSO 
  Chair for the term of one year, until 18 November 2005, no or abstain.<br>
  </b> </font></p>
<p><font face="Arial, Helvetica, sans-serif">All members present with proxies 
  voted yes, one abstention, Bruce Tonkin.<br>
  The vote was confirmed.<br>
  <b><br>
  Decision 3: Bruce Tonkin is elected GNSO Council chair for one year, November 
  18 , 2004 to November 18, 2005. <br>
  <br>
  Philip Sheppard, </b>on behalf of the GNSO Council congratulated <b>Bruce 
Tonkin 
  </b> and handed the chair back to him.<br>
  <br>
  <b>Bruce Tonkin</b> proposed a discussion on the WIPO ll<b> </b>issue.<b><br>
  Lucy Nichols </b>requested that prior to the Board receiving ICANN Staff's 
WIPO 
  ll recommendation, the GNSO Council be informed of the substance.<br>
  The Intellectual Property Constituency's primary concern was that the ICANN 
  Staff and President would be making a recommendation regarding WIPO II and 
that 
  the Board could make a decision based upon that recommendation prior to the 
  GNSO Council's knowledge and discussion of the recommendation. </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>John Jeffrey</b> and <b>Paul 
Verhoef</b> 
  stated that the<b> </b>WIPO staff had provided a commentary on the work of 
the 
  WIPO-II committee which would be published for comment on the ICANN website. 
  <b><br>
  <br>
  Bruce Tonkin</b> encouraged ICANN to give the Council adequate prior notice 
  so that there would be an opportunity to comment on the<b> </b> 
recommendation 
  before going to the ICANN Board, particularly given that there was no 
consensus 
  from the Council, and that the issue was related to gTLDs. <b><br>
  </b><b><br>
  Item 4:</b> <a 
href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.htm";>Draft 
  Initial Report</a> on 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. <br>
  <b>Kurt Pritz</b> reported that the document had been reviewed by the ICANN 
  President and Senior Staff and that concerns hovered around ICANN's ability 
  to provide timely service for registry requests. The flow chart was compared 
  with 18/20 case studies of registry requests for changes over the past year 
  and the vast majority of them fell into a straight forward category which did 
  not require all the steps set out in the flow charts. The document is being 
  revised so as to take into account simple and more complex cases and will be 
  available before the Cape Town meetings.<br>
  <br>
  <b>Update on Process for appointing staff</b><br>
  <b>Paul Verhoef </b>reported that 2 short lists had been established for the 
  two GNSO related positions and interviews were taking place with the aim of 
  engaging shortly the successful candidate for the policy support position 
soon 
  while the senior role would likely be filled at the beginning of 2005.<br>
  <br>
  <b>Item 5: Update on process for review of GNSO Council Item</b> <br>
  Patrick Sharry, a Master of Science in Decision Sciences from the London 
School 
  of Economics, Master of Education in mathematics education, a Graduate 
Diploma 
  of Teaching and a Bachelor of Arts comes from a teaching background and has 
  worked with ICANN over the last 12 months. Currently he is undertaking the 
GNSO 
  review process, interviews have been conducted and the draft report is 
expected 
  to be complete by mid week, 24 November 2004.<br>
  <br>
  <b>Item 6: <a 
href="http://www.icann.org/strategic-plan/strategic-plan-16nov04.pdf";>ICANN 
  strategic plan</a> <br>
  </b></font><font face="Arial, Helvetica, sans-serif">Bruce Tonkin suggested 
  that the <a 
href="http://www.icann.org/strategic-plan/strategic-plan-16nov04.pdf";>Strategic 
  Plan</a> should be an agenda item for the GNSO Council committee discussion 
  in Cape Town. <br>
  <br>
  <b>Item 7: Update on WHOIS</b> <br>
  <b>Marilyn Cade</b> reporting for the Whois combined task force 1 and 2, said 
  that there would be draft recommendations to put forward at the GNSO public 
  forum relating to a draft procedure for conflicts, step by step, and 
Conspicuous 
  notice, while tiered access was at a developmental and exploratory stage and 
  work was progressing on identifying expert categories and possible experts to 
  address the issue. The task force was also working on questions which could 
  be addressed by the public to be included in the report as guided comments. 
  <br>
  <b>Barbara Roseman</b> reported that Whois task force 3 intended to have a 
physical 
  meeting in Cape Town.<br>
  Challenges revolved around the ways in which the Intellectual Property 
Constituency 
  and other Constituencies saw the usefulness of data accuracy and the 
Registrars 
  application of a cost benefit ratio for taking on additional burdens of 
verifying 
  accuracy. There appeared to be no disagreement about the actual issues but 
about 
  who would bear the costs.</font><font face="Arial, Helvetica, sans-serif"><br>
  <b>Thomas Roessle</b>r commented that there appeared to be no consensus on 
whether 
  to optimize for increasing data quality on large scale or to optimize for 
going 
  after a small number of bad actors. Sanctions tied to inaccurate data if 
there 
  were few cases could be harsher than sanctions applied on a large scale. Care 
  should be exercised in sanctions as they could destabilize legitimate domain 
  names on a large scale.<br>
  <br>
  <b>Bruce Tonkin</b> suggested that the task forces meet on Wednesday with the 
  whole GNSO Council to get additional perspectives and<b> Ken Stubbs 
</b>suggested 
  that <b>Barbara Roseman</b> prepare a summary of the fundamental issues 
involved 
  in task force 3.<br>
  <br>
  <br>
  <b> Item 8: Update on planning for ICANN meeting in Cape Town</b> <br>
  Suggestions for discussion were as follows:</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Tuesday 30 November 2004, 2:00 
  pm to 4:00 pm<br>
  </b></font><font face="Arial, Helvetica, sans-serif"><br>
  GNSO Council external review<br>
  </font><font face="Arial, Helvetica, sans-serif">GNSO Council self-review<br>
  ICANN Strategic plan<br>
  Priority policy issues for 2005<br>
  <br>
  <b>Wednesday 1 December 2004</b> <b>all day</b><br>
  <br>
  10:30 to 12:30 Whois <br>
  GAC working group /GNSO Council and task force members lunch</font><br>
  <font face="Arial, Helvetica, sans-serif">4:00 to 6:00 Whois </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Friday 3 December 2004 8:30 to 
  10:30 Public Forum</b></font></p>
<p><font face="Arial, Helvetica, sans-serif">Whois task force 
recommendations<br>
  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<br>
  Summary of workshop solutions to the contention for domain names made 
available 
  by a gTLD registry</font><br>
  <font face="Arial, Helvetica, sans-serif">GNSO Council review<br>
  Open microphone for the community to raise issues the GNSO should 
examine</font></p>
<p><font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, 
Helvetica, sans-serif"><b> 
  </b></font><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> 
<b>declared 
  the GNSO meeting closed and thanked everybody for participating.<br>
  The meeting ended: 20:15 UTC.</b></font></p>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council meeting 
      will be held on Friday 3 December 2004 at 10:30 local time, 8:30 UTC</b> 
      <b>in Auditorium 1 in the Cape Town International Convention Center 
</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>
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