[council] GNSO Council draft minutes CT meeting 3 Dec. 2004

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

Dear Councillors,

Please find the draft minutes of the GNSO Council meeting held in Cape Town
on 3 December 2004, attached in html and in plain text version.

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

Thank you.
Kind regards,

Glen de Saint Géry
GNSO Secretariat

3 December 2004.

Proposed agenda and documents

List of attendees:
Philip Sheppard - Commercial & Business users C.
Marilyn Cade - Commercial & Business users C.
Grant Forsyth - Commercial & Business users C. - remote participation- proxy
to Marilyn Cade/Philip Sheppard
Greg Ruth - ISCPC
Antonio Harris - ISCPC
Tony Holmes - ISCPC
Thomas Keller- Registrars
Ross Rader - Registrars
Bruce Tonkin - Registrars
Ken Stubbs - gTLD registries
Philip Colebrook - gTLD registries - remote participation - proxy to Ken
Stubbs
Cary Karp - gTLD registries
Lucy Nichols - Intellectual Property Interests C - absent - apologies -
proxy to Kiyoshi Tsuru/Niklas Lagergren
Niklas Lagergren - Intellectual Property Interests C
Kiyoshi Tsuru - Intellectual Property Interests C.
Robin Gros - Non Commercial Users C.
Marc Schneiders - Non Commercial Users C. - remote participation, proxy to
Alick Wilson/Ross Rader/Bruce Tonkin
Carlos Afonso - Non Commercial Users C.
Alick Wilson - absent - apologies - proxy to Amadeu Abril i Abril
Demi Getschko
Amadeu Abril I Abril


16 Council Members

Dan Halloran - Deputy General Counsel
Paul Verhoef - Vice President, Policy Development Support
Barbara Roseman - ICANN Staff Manager
Glen de Saint Géry - GNSO Secretariat

Kurt Pritz - Vice President, Business Operations - absent - apologies
John Jeffrey - General Counsel - absent - apologies

Vittorio Bertola - acting ALAC Liaison to the GNSO
Suzanna Sene - GAC Liaison -absent - apologies


Real Time Captioning
Quorum present at 10:40 local time,

Bruce Tonkin chaired the meeting.
Bruce Tonkin welcomed the new Non Commercial Users Constituency
representative, Robin Gross.

Item 0: Approval of Agenda

Item 1: Approve the minutes of : GNSO Council teleconference 18 November
2004
Deferred to the next GNSO Council meeting

Item 2: Update on Draft initial report on procedure for use by ICANN in
considering requests for consent and related contractual amendments to allow
changes in the architecture and operation of a gTLD registry.

Bruce Tonkin reported that the report had been reviewed by ICANN staff and
in their analysis over 80% of the requests were simple, with two in
particular that were more complex. A copy of the staff analysis is available
at:
http://gnso.icann.org/issues/registry-services/L-PDP-registry-services-ver3-
28nov04.pdf

Bruce Tonkin will update the draft initial report to take into account this
staff input and present to the Council committee for review.

Item 3: Update on WHOIS

Bruce Tonkin reported that the Whois task force 1 & 2 had developed
consensus around two positions:
1. Recommendations relating to improving notification and consent for the
use of contact data in the Whois system.
2. A Procedure for conflicts, when there are conflicts between a registrar's
of registry's legal obligations under local privacy laws and their
contractual obligations to ICANN.

The GNSO constituencies were required to further consider the
recommendations for review.
The next step was to develop an initial report based on these
recommendations which would include constituency impact statements and
financial impacts before putting out the recommendations for the first
public comment period.

The WHOIS task force 3, relating to accuracy, met a couple of times in Cape
Town and the focus was on a standardized procedure for when a registrar
received a complaint, the steps that the registrar would take to resolve
that complaint, and as well as considering what to do when it was necessary
to respond quickly on an issue that might impact security or stability
associated with a particular domain name.
The next step was to provide an initial report which would be put out for
public comment, and the aim would be to have some concrete recommendations
by the Mar del Plata meeting in Argentina.


Item 4: Discussion of recommendation from ICANN staff to Board on WIPO-II
recommendations

Paul Verhoef referred to the letter and annex from WIPO and stated that a
middle ground should be sought to move forward.
Philip Sheppard, a member of the President's working group on WIPO,
responded that there were three options open:
- to do nothing
- to amend the existing trademark UDRP in such a way as to accommodate
country names and international organization names, albeit in slightly
different ways
- the creation of one, perhaps two completely separate dispute resolution
processes which would accommodate the WIPO request.
The complexity of the issue has to do with the fundamental difference
between the two processes whereby the existing UDRP had always worked on the
basis that if either party did not like the outcome of the UDRP they could
resolve the issue in court.
Bruce Tonkin concluded that the Council was in monitoring mode, seeking what
the public comments would be and identifying if there would be a middle
ground suitable for refinement via a policy development process.

Item 5: GNSO Council self-review
- motion to vote for approval of self-review document

Philip Sheppard seconded by Cary Karp and Kiyoshi Tsuru proposed the motion:
Council resolves to forward draft 2.2 of the council's self-review within 7
days to Patrick Sharry unless substantive changes are received to the report
from council members, in which case it may necessary to reconsider a new
draft and a new council meeting to vote on the report.

Motion passed unanimously

Decision 1: Council resolves to forward draft 2.2 of the council's
self-review within 7 days to Patrick Sharry unless substantive changes are
received to the report from council members, in which case it may necessary
to reconsider a new draft and a new council meeting to vote on the report.

Bruce Tonkin referred to the issue of two versus three representatives per
constituency, where, at the 2003 annual meeting, the board was requested to
provide an extension of one year of the three representatives while the GNSO
review, part of the ICANN bylaws, was conducted. The council wished to
request a further extension of that ruling until the meeting in Argentina,
which would give adequate time for the public to comment on the review and
adequate time for ICANN to draft changes and put those changes out for
public comment.
Bruce Tonkin clarified that General Counsel's feedback on the motion before
the Council was that the ICANN Board would prefer to have a date on an issue
they were to approve, but if that date became a problem, Council would seek
a further extension at that time.

Bruce Tonkin, seconded by Tom Keller, proposed the following motion with a
nominated vote:

"Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved
to change the transition article (Article XX) to allow three representatives
per constituency on the GNSO Council until the end of the ICANN annual
meeting 2004; and resolved to perform a review of the GNSO Council in or
around July 2004 which should include among other aspects of the review
criteria, an analysis of the efficacy of having three representatives from
each constituency on the GNSO Council. Taking into account the draft of the
external review report on the GNSO Council, and the Council's self-review,
the GNSO Council requests that the ICANN Board extend the current
arrangement of 3 representatives per constituency until the ICANN meeting in
Mar del Plata, Argentina (April 2005). This will allow time for the external
review to be completed following a public comment period, allow time for
ICANN to announce a proposed change to the ICANN bylaws to allow three
representatives per constituency on an ongoing basis, and allow an
appropriate period for public discussion before changing the bylaws."

Motion passed, 27 votes in favour.

Decision 2:
"Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved
to change the transition article (Article XX) to allow three representatives
per constituency on the GNSO Council until the end of the ICANN annual
meeting 2004; and resolved to perform a review of the GNSO Council in or
around July 2004 which should include among other aspects of the review
criteria, an analysis of the efficacy of having three representatives from
each constituency on the GNSO Council. Taking into account the draft of the
external review report on the GNSO Council, and the Council's self-review,
the GNSO Council requests that the ICANN Board extend the current
arrangement of 3 representatives per constituency until the ICANN meeting in
Mar del Plata, Argentina (April 2005). This will allow time for the external
review to be completed following a public comment period, allow time for
ICANN to announce a proposed change to the ICANN bylaws to allow three
representatives per constituency on an ongoing basis, and allow an
appropriate period for public discussion before changing the bylaws."

Item 6: ICANN strategic plan

The GNSO Council welcomed that the supporting organizations would be
involved in a dialogue with the ICANN staff on the best way to manage the
process of consultation with appropriate time lines before the ICANN Board
signed off on the plan.


Item 7: Any other business

Staff support update
Paul Verhoef reported that recruiting was taking place throughout the
organization. It was foreseen that John Jeffrey and Kurt Pritz would have
additional staff which would assist in providing Council with continued
general counsel office advice and verification that operational implications
were taken into account. On the GNSO Senior position, final candidates had
been interviewed and on the GNSO support position, decisions would be made
shortly, hopefully both candidates being in place by January or February
2005.

Bruce Tonkin, on behalf of the GNSO Council, expressed thanks and
appreciation to Amadeu Abril I Abril for his contributions as a Nominating
Committee representative at the conclusion of his term.


Bruce Tonkin declared GNSO meeting closed, thanked everybody for attending,
those councillors on the phone and the audience for their participation.

The meeting ended: 12 :23 ( local time)

Next GNSO Council teleconference 13 January 2005.
see: Calendar


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<p><font face="Arial, Helvetica, sans-serif">3 December 2004. </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
href="http://gnso.icann.org/meetings/agenda-gnso-03dec04.htm";>agenda 
  and documents</a></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. - remote participation- 
proxy 
  to Marilyn Cade/Philip Sheppard<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>
  Philip Colebrook - gTLD registries - remote participation - proxy to Ken 
Stubbs 
  <br>
  Cary Karp - gTLD registries<br>
  Lucy Nichols - Intellectual Property Interests C - absent - apologies - proxy 
  to Kiyoshi Tsuru/Niklas Lagergren<br>
  Niklas Lagergren - Intellectual Property Interests C<br>
  Kiyoshi Tsuru - Intellectual Property Interests C. <br>
  Robin Gros - Non Commercial Users C. <br>
  Marc Schneiders - Non Commercial Users C. - remote participation, proxy to 
Alick 
  Wilson/Ross Rader/Bruce Tonkin<br>
  Carlos Afonso - Non Commercial Users C. <br>
  Alick Wilson - absent - apologies - proxy to Amadeu Abril i Abril<br>
  Demi Getschko <br>
  Amadeu Abril I Abril </font><br>
</p>
<p><font face="Arial, Helvetica, sans-serif">16 Council Members <br>
  <br>
  Dan Halloran - Deputy General Counsel <br>
  Paul Verhoef - Vice President, Policy Development Support <br>
  Barbara Roseman - ICANN Staff Manager<br>
  Glen de Saint Géry - GNSO Secretariat<br>
  <br>
  Kurt Pritz - Vice President, Business Operations - absent - apologies<br>
  John Jeffrey - General Counsel - absent - apologies<br>
  <br>
  Vittorio Bertola - acting ALAC Liaison to the GNSO<br>
  Suzanna Sene - GAC Liaison -absent - apologies<br>
  <br>
  <br>
  <a 
href="http://www.icann.org/meetings/kualalumpur/captioning-gnso-council-20jul04.htm";>Real
 
  Time Captioning</a><br>
  Quorum present at 10:40 local time,<br>
  <br>
  <b>Bruce Tonkin </b> chaired the meeting. <br>
  Bruce Tonkin welcomed the new Non Commercial Users Constituency 
representative, 
  Robin Gross.<br>
  <b><br>
  Item 0: Approval of Agenda </b><br>
  <br>
  <b>Item 1: Approve the minutes of : GNSO Council teleconference 18 November 
  2004</b><br>
  Deferred to the next GNSO Council meeting<br>
  <br>
  <b>Item 2: Update on <a 
href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.pdf";>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 
  and operation of a gTLD registry.</b><br>
  <br>
  <b>Bruce Tonkin</b> reported that the report had been reviewed by ICANN staff 
  and in their analysis over 80% of the requests were simple, with two in 
particular 
  that were more complex. A <a 
href="http://gnso.icann.org/mailing-lists/archives/reg-com/msg00031.html";>copy 
  of the staff analysis</a> is available at: <br>
  </font><font face="Arial, Helvetica, 
sans-serif">http://gnso.icann.org/issues/registry-services/L-PDP-registry-services-ver3-28nov04.pdf<br>
  <br>
  <b>Bruce Tonkin</b> will update the draft initial report to take into account 
  this staff input and present to the Council committee for review.<br>
  <b><br>
  Item 3: Update on WHOIS</b><br>
  <br>
  <b>Bruce Tonkin</b> reported that the Whois task force 1 &amp; 2 had 
developed 
  consensus around two positions:<br>
  1. <a 
href="http://gnso.icann.org/issues/whois-privacy/whois-notification-30nov04.pdf";>Recommendations
 
  relating to improving notification and consent for the use of contact data in 
  the Whois system</a>.<br>
  2. <a 
href="http://gnso.icann.org/issues/whois-privacy/whois-tf-conflict-30nov04.pdf";>A
 
  Procedure for conflicts, when there are conflicts between a registrar's of 
registry's 
  legal obligations under local privacy laws and their contractual obligations 
  to ICANN</a>. <br>
  <br>
  The GNSO constituencies were required to further consider the recommendations 
  for review.<br>
  The next step was to develop an initial report based on these recommendations 
  which would include constituency impact statements and financial impacts 
before 
  putting out the recommendations for the first public comment period.<br>
  <br>
  The WHOIS task force 3, relating to accuracy, met a couple of times in Cape 
  Town and the focus was on a standardized procedure for when a registrar 
received 
  a complaint, the steps that the registrar would take to resolve that 
complaint, 
  and as well as considering what to do when it was necessary to respond 
quickly 
  on an issue that might impact security or stability associated with a 
particular 
  domain name. <br>
  The next step was to provide an initial report which would be put out for 
public 
  comment, and the aim would be to have some concrete recommendations by the 
Mar 
  del Plata meeting in Argentina. <br>
  <br>
  <br>
  <b>Item 4: Discussion of recommendation from ICANN staff to Board on WIPO-II 
  recommendations</b><br>
  <br>
  <b>Paul Verhoef</b> referred to the <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00661.html";>letter
 
  and annex from WIPO</a> and stated that a middle ground should be sought to 
  move forward.<br>
  <b>Philip Sheppard</b>, a member of the President's working group on WIPO, 
responded 
  that there were three options open:<br>
  - to do nothing<br>
  - to amend the existing trademark UDRP in such a way as to accommodate 
country 
  names and international organization names, albeit in slightly different 
ways<br>
  - the creation of one, perhaps two completely separate dispute resolution 
processes 
  which would accommodate the WIPO request.<br>
  The complexity of the issue has to do with the fundamental difference between 
  the two processes whereby the existing UDRP had always worked on the basis 
that 
  if either party did not like the outcome of the UDRP they could resolve the 
  issue in court.<br>
  <b>Bruce Tonkin</b> concluded that the Council was in monitoring mode, 
seeking 
  what the public comments would be and identifying if there would be a middle 
  ground suitable for refinement via a policy development process.<br>
  <br>
  <b>Item 5: GNSO Council self-review<br>
  </b></font><b><font face="Arial, Helvetica, sans-serif">- motion to vote for 
  approval of <a 
href="http://gnso.icann.org/mailing-lists/archives/council/msg00677.html";>self-review
 
  document </a></font></b><font face="Arial, Helvetica, sans-serif"><br>
  <br>
  <b>Philip Sheppard</b> seconded by <b>Cary Karp</b> and <b>Kiyoshi Tsuru</b> 
  proposed the motion:<br>
  Council resolves to forward draft 2.2 of the council's self-review within 7 
  days to Patrick Sharry unless substantive changes are received to the report 
  from council members, in which case it may necessary to reconsider a new 
draft 
  and a new council meeting to vote on the report. </font><font face="Arial, 
Helvetica, sans-serif"><br>
  <br>
  Motion passed unanimously<br>
  <br>
  <b>Decision 1: </b></font><b><font face="Arial, Helvetica, 
sans-serif">Council 
  resolves to forward draft 2.2 of the council's self-review within 7 days to 
  Patrick Sharry unless substantive changes are received to the report from 
council 
  members, in which case it may necessary to reconsider a new draft and a new 
  council meeting to vote on the report. <br>
  </font></b><font face="Arial, Helvetica, sans-serif"><br>
  <b>Bruce Tonkin </b>referred to the issue of two versus three representatives 
  per constituency, where, at the 2003 annual meeting, the board was requested 
  to provide an extension of one year of the three representatives while the 
GNSO 
  review, part of the <a 
href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#IV";>ICANN 
  bylaws</a>, was conducted. The council wished to request a further extension 
  of that ruling until the meeting in Argentina, which would give adequate time 
  for the public to comment on the review and adequate time for ICANN to draft 
  changes and put those changes out for public comment. <br>
  <b>Bruce Tonkin</b> clarified that General Counsel's feedback on the motion 
  before the Council was that the ICANN Board would prefer to have a date on an 
  issue they were to approve, but if that date became a problem, Council would 
  seek a further extension at that time. <br>
  <br>
  <b>Bruce Tonkin</b>, seconded by <b>Tom Keller</b>, proposed the following 
motion 
  with a nominated vote:<br>
  <br>
  "Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved to 
  change the transition article (Article XX) to allow three representatives per 
  constituency on the GNSO Council until the end of the ICANN annual meeting 
2004; 
  and resolved to perform a review of the GNSO Council in or around July 2004 
  which should include among other aspects of the review criteria, an analysis 
  of the efficacy of having three representatives from each constituency on the 
  GNSO Council. Taking into account the draft of the external review report on 
  the GNSO Council, and the Council's self-review, the GNSO Council requests 
that 
  the ICANN Board extend the current arrangement of 3 representatives per 
constituency 
  until the ICANN meeting in Mar del Plata, Argentina (April 2005). This will 
  allow time for the external review to be completed following a public comment 
  period, allow time for ICANN to announce a proposed change to the ICANN 
bylaws 
  to allow three representatives per constituency on an ongoing basis, and 
allow 
  an appropriate period for public discussion before changing the bylaws." <br>
  <br>
  Motion passed, 27 votes in favour. <br>
  <br>
  <b>Decision 2:<br>
  "Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved to 
  change the transition article (Article XX) to allow three representatives per 
  constituency on the GNSO Council until the end of the ICANN annual meeting 
2004; 
  and resolved to perform a review of the GNSO Council in or around July 2004 
  which should include among other aspects of the review criteria, an analysis 
  of the efficacy of having three representatives from each constituency on the 
  GNSO Council. Taking into account the draft of the external review report on 
  the GNSO Council, and the Council's self-review, the GNSO Council requests 
that 
  the ICANN Board extend the current arrangement of 3 representatives per 
constituency 
  until the ICANN meeting in Mar del Plata, Argentina (April 2005). This will 
  allow time for the external review to be completed following a public comment 
  period, allow time for ICANN to announce a proposed change to the ICANN 
bylaws 
  to allow three representatives per constituency on an ongoing basis, and 
allow 
  an appropriate period for public discussion before changing the bylaws." <br>
  <br>
  </b></font><b><font face="Arial, Helvetica, sans-serif">Item 6: ICANN 
strategic 
  plan </font></b><font face="Arial, Helvetica, sans-serif"><br>
  <br>
  The GNSO Council welcomed that the supporting organizations would be involved 
  in a dialogue with the ICANN staff on the best way to manage the process of 
  consultation with appropriate time lines before the ICANN Board signed off on 
  the plan.<br>
  </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 7: Any other business 
</b></font><font face="Arial, Helvetica, sans-serif"><br>
  <b><br>
  Staff support update</b><br>
  <b>Paul Verhoef</b> reported that recruiting was taking place throughout the 
  organization. It was foreseen that John Jeffrey and Kurt Pritz would have 
additional 
  staff which would assist in providing Council with continued general counsel 
  office advice and verification that operational implications were taken into 
  account. On the GNSO Senior position, final candidates had been interviewed 
  and on the GNSO support position, decisions would be made shortly, hopefully 
  both candidates being in place by January or February 2005.<br>
  <br>
  <b>Bruce Tonkin</b>, on behalf of the GNSO Council, expressed thanks and 
appreciation 
  to Amadeu Abril I Abril for his contributions as a Nominating Committee 
representative 
  at the conclusion of his term.<br>
  <br>
  <br>
  <b>Bruce Tonkin</b> <b>declared GNSO meeting closed, thanked everybody for 
attending, 
  those councillors on the phone and the audience for their 
participation.</b><br>
  <b><br>
  The meeting ended: 12 :23 ( local time)</b></font> </p>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
teleconference 
      13 January 2005.</b><br>
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
    
  </li>
</ul>
<hr>
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<p>&nbsp;</p>
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