[council] GNSO Council draft minutes Luxembourg meeting 12 July 2005

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

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

Dear All,

Please find attached the draft minutes of the GNSO Council meeting held 
in Luxembourg on 12 July 2005.
Please let me know if you would like any changes made to these draft 
minutes.
Thank you.
Kind regards,

Glen

--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org

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<p><font face="Arial, Helvetica, sans-serif">12 July 2005. </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a 
href="http://gnso.icann.org/meetings/agenda-gnso-12jul05.html";>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. <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<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>
 Robin Gross- Non Commercial users C.<br>
  Marc Schneiders - Non Commercial users C. -  proxy to Robin Gross <br>
 Norbert Klein - Non Commercial users C. <br>
  Alick Wilson  - Nominating Committee appointee - absent - proxy to Maureen 
Cubberley/Bruce Tonkin <br>
  Maureen Cubberley - Nominating Committee appointee - remote participation but 
inaudible due to technical issue - proxy to Ross Rader
</font></p>
<p><font face="Arial, Helvetica, sans-serif">13 Council Members <br>
  <br>
  Kurt Pritz - Vice President, Business Operations  <br>
  John Jeffrey - ICANN General Counsel <br>
  Dan Halloran - Deputy General Counsel <br>
  Olof Nordling - Senior Policy Officer<br>
 Maria Farrell - GNSO Policy Officer
 <br>
  Glen de Saint Géry - GNSO Secretariat<br>
  <br>
  <br>
  Bret Fausett - ALAC Liaison <br>
  Suzanna Sene - GAC Liaison -absent - apologies<br>
  <br>
  <br>
  Avri Doria - Observer as Nominating Committee proposed appointee<br>
  <br>
Michael Palage - ICANN Board <br>
Alejandro Pisanty - ICANN Board<br>
<br>
 <a 
href="http://www.icann.org/meetings/luxembourg/captioning-gnso-meeting-12jul05.htm";>Real
 Time Captioning </a><br>
  Quorum present at :15:40  local time,<br>
  <br>
  <b>Bruce Tonkin </b> chaired the meeting. <br>
  <b><br>
  </b><strong>Item 1: Approval of <a 
href="http://gnso.icann.org/meetings/agenda-gnso-12jul05.html";>agenda</a></strong><br>
  <strong>Bruce Tonkin</strong> proposed adding under Item 3 an update by 
General Counsel on the changes in the dot NET agreement.<br>
  <strong>Marilyn Cade</strong> requested adding under Item 9: Any Other 
Business, a resolution on the dot NET agreement for consideration 
  by the Council <br>
  <strong>Grant Forsyth</strong> proposed adding under Item 9: Any Other 
Business, the appointment of the Vice President for policy development support. 
<br>
  <strong>Philip Sheppard </strong>remarked that the Council meeting was at the 
end of the day and urged that it be viewed as a priority meeting of the day in 
the future. <br>
  <b><br>
  </b><strong>Item 2: Approve the minutes of the <a 
href="http://www.gnso.icann.org/meetings/minutes-gnso-23jun05.shtml";>GNSO 
Council teleconference 23 June 2005</a></strong>.<br>
  <B>Ken Stubbs</B> moved the adoption of the <a 
href="http://www.gnso.icann.org/meetings/minutes-gnso-23jun05.shtml";>GNSO 
Council teleconference minutes of 23 June 2005 <BR>
  </a><BR>
The motion was carried. <BR>
<BR>
<B>Decision 1: Minutes of the <a 
href="http://www.gnso.icann.org/meetings/minutes-gnso-23jun05.shtml";>GNSO 
Council Teleconference held on 23 June 2005</a> were adopted.<BR>
<BR>
</B></font><FONT 
face="Arial, Helvetica, sans-serif"><strong>Item 3: Staff report</strong><BR>
- current areas of work - WHOIS, new gtlds, transfers, IDNs<br>
<strong>Bruce Tonkin </strong>asked <strong>John Jeffrey</strong>, ICANN 
General Counsel, to comment on some of the recent changes in the dot NET 
agreement, namely the open pricing after 18 months and the exclusion from 
consensus policies with respect to the registry services approval process. <br>
<strong><br>
John Jeffrey</strong> responded that with regard to the new registry services 
funnel with the consensus policy restriction, the negotiations were intended to 
give certainty to what the funnel would look like as of the time of negotiation 
and ICANN believed, as they were in litigation with that party, that it was 
essential to entering into a fair agreement that the provision was locked down 
and able to reflect a non moving position, that reflected the policy 
development to that point , but also provided a specific dispute resolution 
mechanism for the very issue that was the dispute.<br>
In answer to a question from <strong>Marilyn Cade</strong> whether the dot NET 
agreement would create a precedent for the dot COM re bid, John Jeffrey 
responded that dot COM was not presumed to be a re bid but a renewal. In terms 
of negotiating an agreement around dot COM the funnel would be relevant.<br>
<strong>John Jeffrey</strong> went on to comment that the renewal provision was 
considered to be part of the RFP (request for proposal) bid. The specific 
limitations that were put around it were related to the negotiation in order to 
provide certainty to the negotiation and the resulting settlement. </FONT></p>
<P><FONT face="Arial, Helvetica, sans-serif">I<strong>tem 4: Consideration of 
<A 
href="http://www.gnso.icann.org/mailing-lists/archives/council/msg01050.html";>revised
 consensus recommendation with respect<BR>
  to improving notification and consent for the use of contact data in the<BR>
Whois system</A>.<br>
</strong><br>
<strong>Bruce Tonkin</strong> proposed updating the recommendation based on 
recent input and requested the ICANN legal team to review the recommendation in 
its current draft form and add appropriate legal language which could be 
included in the new Registrar Accreditation Agreement.<br>
<strong>Niklas Lagergren</strong> requested adding a specific reference to 
clause 3.7.7 5 of the Registrar Accreditation Agreement which requires the 
registrant to consent to the data processing referred to in clause 3.7.7.4 
(already described in the recommendation).
</FONT></P>
<P><FONT face="Arial, Helvetica, sans-serif">I<strong>tem 5: Consideration of 
<A 
href="http://www.gnso.icann.org/issues/registry-services/final-rpt-registry-approval-10july05.htm";>Final
 report on the process for use by ICANN in<BR>
  considering requests for consent and related contractual amendments to<BR>
allow changes in the architecture operation of a gTLD registry. </A><br>
</strong><br>
<strong>Bruce Tonkin</strong> commented that there were specific questions 
raised by the registrars concerning the changes that could happen in a registry 
agreement that could impact the competition in the registrar industry, namely, 
had ICANN spoken to any of the potential regulators and did ICANN have a degree 
of confidence that they would be able to respond in a timely manner to a 
concern raised by members of the registrar industry?<br>
<strong>John Jeffrey </strong>responded that skilled antitrust outside counsel 
had been consulted in this area.<br>
&quot; The outside Counsel met with and discussed this with the US Department 
of Justice Anti-trust division and I believe with the FTC, exactly whether the 
competition issues could be considered seriously in response to a letter from 
ICANN describing potential competition issues with a new registry 
service.&quot;<br>
The outside counsel was Joe Sims of Jones Day.
<br>
A further question raised by the registrars was  how the experts would be 
selected on the standing panel for security and how experts would be selected 
at the initial determination of a fast track or review  process.<br>
<strong>John Jeffrey </strong>responded that it was an operational question 
with no clear answer just yet. The standing panel would be a public list of 
members.<br>
To a question concerning the $650,000 budget allocation for the standing panel, 
Kurt Pritz commented that the methodology for the allocation was a combination 
of a small stipend and some expected level of activity. It was difficult to 
accurately budget without knowing how many requests would come through for new 
services. <br>
<br>
<strong>Bruce Tonkin </strong>summarised:</FONT></P>
<P><font face="Arial, Helvetica, sans-serif">- The process for use by ICANN in 
considering requests for consent and related contractual amendments to allow 
changes in the architecture operation of a gTLD registry was at the final 
report stage.<br>
  - Voting on the report was deferred to reflect on the recent changes with the 
dot NET agreement and the input received at the Luxembourg meetings.<br>
  - Councillors were encouraged to review the process and provide input on 
operational issues. </font></P>
<P><FONT face="Arial, Helvetica, sans-serif"><strong>Item 6: Approval of <A 
href="http://www.gnso.icann.org/mailing-lists/archives/council/msg01001.html";>voting
 rules for combined WHOIS task force</A><br>
  </strong><br>
  When a task force provides a final report to the council  there is a formal 
requirement that it includes information on voting and there was a general 
level of agreement that the voting methodology be prefaced and a distinction 
made between procedural and policy related issues where in the former the 
people present vote and in the latter a more formal procedure is undertaken to 
collect all the votes.<br>
  <br>
  <strong>Bruce Tonkin</strong>, seconded by <strong>Ross Rader</strong> 
proposed a procedural motion:<br>
  <br>
  The voting rules of the Whois task force will consist of three votes per 
constituency to be voted as each constituency wishes.<br>
  <br>
  The motion carried unanimously by show of hands. <br>
  <br>
  <strong>Decision 2: The voting rules of the Whois task force will consist of 
three votes per constituency to be voted as each constituency wishes.<br>
  <br>
  </strong></FONT><FONT face="Arial, Helvetica, sans-serif"><strong>Item 7: new 
gtlds<BR>
- next steps</strong><br>
<br>
<strong>Bruce Tonkin</strong> commenting on <a 
href="http://www.icann.org/tlds/new-gTLD-questions.pdf";>&quot;New TLD 
questions&quot;</a> the ICANN staff published said the proposed next step 
forward should be a meeting between the GNSO and ccNSO Councils and the ICANN 
Board to collaborate in the joint management of the policy area. <br> 
<br>
In clarifying  whether TLDS, gTLDs or ccTLDs were the issue, <strong>Ross 
Rader</strong> referred to  prior <a 
href="http://www.dnso.org/dnso/notes/20000419.NCgtlds-statement.html";>Names 
Council </a> statement,<a 
href="http://www.dnso.org/dnso/notes/20000418.NCtelecon-minutes.html";> 4 April 
2000</a> mentioned at an <a 
href="http://www.icann.org/minutes/minutes-16jul00.htm";>ICANN Board meeting on 
16 July 2000</a> which specified new gTLDS. <br>
<br>
<strong>ACTION
</strong></FONT></P>
<P><strong><FONT face="Arial, Helvetica, sans-serif">- T</FONT><FONT 
face="Arial, Helvetica, sans-serif">he ICANN staff collect the historical 
information needed to inform Council as to current ICANN policy regarding the 
matter of new TLDs.<br>
  - Identify the policy issues 
</FONT></strong></P>
<P><FONT face="Arial, Helvetica, sans-serif"><strong>Item 8: Discussion of 
ICANN operational/budget plan</strong><br>
    <strong><br>
    Bruce Tonkin</strong> commented that parts of the operating plan that 
related to policy, including what additional resources were going to be applied 
to policy were discussed at the GNSO Council administrative meeting held on 
Sunday 10 July 2005.<br>
  Concern was expressed at the inadequacy of detail in the operational plan and 
general agreement was reached to provide more detail on areas that were going 
to affect the GNSO Council for the next year.<br>
  <br>
  <strong>Note: The following discussion was with respect to providing guidance 
to the chair of the GNSO Council in providing feedback to the ICANN Board on 
the views that were widely shared within the meetings of the GNSO community 
earlier in the week. The motions thus did not have the benefit of discussion 
within the constituencies, prior to the meeting of the GNSO Council 
</strong></FONT></P>
<P><font face="Arial, Helvetica, sans-serif">The GNSO Council does not 
currently believe that there is a consensus of the ICANN community in the 
support of the strategic plan. The Council encourages the development of a 
consensus-based strategic plan.<br>
  <br>
  The motion carried with 3 abstentions. The abstentions were from the GNSO 
Council members that felt they could not vote without first consulting with 
their constituencies. <br>
  <br>
  Guidance to the Chair for presentation to the ICANN Board:  The GNSO Council 
does not currently believe that there is a consensus of the ICANN community in 
the support of the strategic plan. The Council encourages the development of a 
consensus-based strategic plan.<br>
</font></P>
<P><FONT face="Arial, Helvetica, sans-serif"><strong>Item 9: Any other 
business</strong><br>
    <strong><br>
  1. Appointment of the Vice President for policy development support <br>
  Grant Forsyth</strong> withdrew his proposed addition to the agenda, the 
appointment of the Vice President for policy development support and requested 
it to be deferred to the next Council meeting.<br>
  <br>
  <strong>2. Motion on dot NET agreement </strong><BR>
  <strong>Bruce Tonkin </strong>proposed a  motion to clarify the view of the 
GNSO Council members in response to<strong> Marilyn Cade's </strong>concern 
about the dot NET agreement:</FONT></P>
<P><font face="Arial, Helvetica, sans-serif">The GNSO Council expresses its 
concern to the Board that the final .net agreement was not posted for public 
comment prior to approval, given the significant changes made to the agreement 
from the previously posted draft.<br>
  <br>
  The motion carried with 16 in favour and 9 abstentions. The abstentions were 
from the GNSO Council members that felt they could not vote without first 
consulting with their constituencies.<br>
  <br>
  Guidance to the Chair for presentation to the ICANN Board:  The GNSO Council 
expresses its concern to the Board that the final .net agreement was not posted 
for public comment prior to approval, given the significant changes made to the 
agreement from the previously posted draft.<br>
  <br>
  <strong>Cary Karp</strong>, supported by <strong>Ken Stubbs</strong> and 
<strong>Lucy Nichols</strong> expressed concern about the fact that he 
represented a constituency, was bound to vote in accordance with the 
constituency's wishes
and there had been no time for consultation with the constituency on the motion 
before it was put to the vote. <br>
<br>
<strong>Bruce Tonkin </strong>clarified that the vote did not concern a binding 
policy but served rather as guidance in making a report for the Public Forum on 
the activities of the GNSO.</font><FONT 
face="Arial, Helvetica, sans-serif"><BR>
  </FONT>  <font face="Arial, Helvetica, sans-serif"><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: 18 :55 ( local time CET)</b></font> </P>
<ul>
  <li> 
    <p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council 
teleconference 
      Thursday, July 28, 2005 at 12:00 UTC.</b><br>
      see: <a href="http://gnso.icann.org/calendar/";>Calendar</a></font><br>
    
  </li>
</ul>
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