[council] Draft minutes of the GNSO Council teleconference on 1 February 2007

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

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

Dear Council Members,

Please find the draft minutes of the GNSO Council teleconference held on 
1 February 2007.
Please let me know if you would like any changes made.

Thank you very much.

Kind regards,
Glen
....................................................................................
1 February 2007

Proposed agenda and relevant documents

List of attendees:
Philip Sheppard - Commercial & Business Users C. - absent - apologies
Marilyn Cade - Commercial & Business Users C.
Alistair Dixon - Commercial & Business Users C
Greg Ruth - ISCPC
Antonio Harris - ISCPC - absent - apologies
Tony Holmes - ISCPC
Thomas Keller- Registrars
Ross Rader - Registrars
Bruce Tonkin - Registrars
Chuck Gomes - gTLD registries
Edmon Chung - gTLD registries
Cary Karp - gTLD registries
Kristina Rosette - Intellectual Property Interests C
Ute Decker - Intellectual Property Interests C - absent apologies
Kiyoshi Tsuru - Intellectual Property Interests C - absent
Robin Gross - NCUC.
Norbert Klein - NCUC. - absent
Mawaki Chango - NCUC - absent - apologies
Sophia Bekele - Nominating Committee appointee
Jon Bing - Nominating Committee appointee - absent - apologies
Avri Doria - Nominating Committee appointee- absent - apologies

13 Council Members
(19 Votes - quorum)

ICANN Staff
Dan Halloran - Deputy General Counsel
Sue Jonklaas - Regional Business Advisor, Asia-Pacific, General Counsel
Denise Michel - Vice President, Policy Development
Kurt Pritz - Senior Vice President, Services
Liz Williams - Senior Policy Counselor
Maria Farrell - GNSO Policy Officer
Craig Schwartz - Chief gTLD Registry Liaison
Glen de Saint Géry - GNSO Secretariat

Olof Nordling - Manager, Policy Development Coordination - absent - 
apologies
Rita Rodin - ICANN Board member - absent - apologies

GNSO Council Liaisons
Suzanne Sene - GAC Liaison - absent - apologies
Alan Greenberg - ALAC Liaison - absent

Quorum present at 20:10 UTC.

MP3 Recording

Bruce Tonkin chaired this meeting

Approval of the agenda

Item 1: Update any Statements of Interest
No updates

Item 2: Approval of the GNSO Council minutes of 18 January 2007

Tom Keller moved the adoption of the GNSO Council minutes of 18 January 2007

An abstention was noted from a Council members who was not yet on the 
Council on 18 January 2007,
Mike Rodenbaugh and Tony Holmes who was absent

Motion approved.

Approval of the GNSO Council minutes of 18 January 2007

Decision 1: The GNSO Council minutes of 18 January 2007 were adopted.

Item 3: Proposed Working Group on "Protecting the rights of others"
- Proposal to form a GNSO working group to consider possible policies 
and practices that minimize abusive registration activities and other 
activities that affect the legal rights of others.
- Kristina Rosette and Ute Decker to draft terms of reference for 
Consideration
Kristina Rosette presented the draft outline for work of the Working 
Group on Mechanisms to protect rights of others, including preventive 
Intellectual Property Protection Mechanisms
http://gnso.icann.org/mailing-lists/archives/council/msg03173.html

Proposed Purpose:

New TLD registries will be responsible for policies and practices that 
minimize abusive registration activities that affect the legal rights of 
others. That includes measures to discourage the registration of domain 
names that infringe intellectual property rights and minimize abusive 
registrations. At present, a number of TLD registries, and notably sTLD 
registries, are required to implement safeguards against allowing 
unqualified registration and to ensure compliance with ICANN policies 
designed to protect rights of others.
The working group should aim to identify the problems that a preventive 
rights protection mechanism is intended to solve. This includes 
infringement of trademarks and bad faith registrations. The working 
group should examine whether existing mechanisms, such as sunrise 
periods, have been successful in preventing and addressing abusive 
registration practices. The working group should also explore 
alternative ways of solving the identified problems as part of the 
implementation plan for new TLDs. As part of this work, the working 
group will analyze existing mechanisms, identify commonalities among 
such processes, discuss who would be eligible to rely on the preventive 
protection mechanism for new TLDs, assess the feasibility of drawing 
from existing mechanisms, and identify and evaluate alternatives to 
existing processes.
Suggested Outline of Working Group Work Plan

I. Analyze Existing Rights Protection Mechanisms
A. Identify relevant existing TLDs (not limited to gTLDs)
B. Identify both problems that existing preventive mechanisms are 
designed to solve and new problems that may have developed
C. Describe existing rights protection mechanisms
1. Eligibility
2. Rights bases or requirements
3. Submission process and costs of submission
4. Review of applications
5. Challenge mechanism and cost of mechanism
D. Issues arising out of or related to the existing rights protection 
mechanisms
1. Eligibility
2. Rights bases or requirements
3. Review of applications
4. Allocation
E. Analyze Quantitative Success – relation between preventing the 
dispute and resolving the dispute
1. Define quantitative success in light of the problems identified in I.B.
2. Number of preventive registrations, number of preventive 
registrations vs. overall number of registrations; proportion of 
registrations that are purely defensive
3. Number of challenges overall and in relation to number of 
registrations; challenger success rate
4. Evaluate quantitative success in light of the problems identified in I.B.
F. Analyze Qualitative Success
1. Define qualitative success in light of problems identified in I.B.
2. Nature of use of names registered during start up period
3. Whether rights protection mechanism process protects rights in a 
cost-effective manner in light of problems identified in I.B.
4. Evaluate qualitative success in light of problems identified in I.B.
G. Impact on registries and registrars
1. Resource allocation
a) Development of rights protection mechanism
b) Implementation of rights protection mechanism
2. Other considerations
H. Impact on other affect parties

II. Identify Commonalities and Variances among existing rights 
protection mechanisms, including the evaluation by affected parties.
A. Eligibility Commonalities and Variances
B. Procedural Commonalities and Variances
1. Submission
2. Review
3. Challenge
C. Level of Satisfaction
1. Prior Rights Owners
2. Registrars
3. Registries
4. Other Categories

III. Scalability of rights protection mechanisms
A. Feasibility
Conclusions derived from I and II above -- effectiveness; impact on 
registrars, registries, and other affected parties; concerns of IP owner 
and holders of other rights
B. Implementation Considerations

IV. Identify and Evaluate Alternative Mechanisms
A. Alternatives
B. Evaluation

Suggested Working Group Membership

The following list sets out initial ideas for experts that would provide 
useful contributions. The list is neither binding nor enumerative.
• Owners of globally famous brands from different regions.
• INTA Internet Committee member
• Rights protection mechanism dispute panelist
• Non-profit educational or charitable organization representative
• Registrars with experience in preventive rights protection mechanisms
• Registries with experience in preventive rights protection mechanisms
• Representative from EURid or PWC, EURid validation agent
• Commercial financial institution representative (because of concerns 
over consumer protection and concerns related to fishing and identity theft)
• IPC designee
• NCUC designee
• ISP designee
• BC designee
• WIPO representative (given WIPO’s expertise in evaluating existing 
rights protection mechanisms)
Timeline:

The working group should conclude its work in time to provide a report 
for the GNSO Council meeting in April 2007
Material [will be provided by ICANN staff]:

Chuck Gomes, on behalf of some registries expressed the concern that 
some of the wording assumed there was a policy in place and how would 
the policy be implemented, while in fact there was no policy.
Tom Keller emphasised that there should be a balance in the views of the 
working group. There should be a distinction made between task force 
members and possible sources of information such as EURid, WIPO etc.
Kristina Rosette expressed the concern that it was unrealistic to fully 
examine the issue of whether there should be a policy in the 2 month 
time frame.
Bruce Tonkin clarified that there were 2 separate issues, a policy which 
required work to be undertaken in a policy development process and a 
working group looking at whether existing practices should be improved 
which would become gguidelines which the staff may wish to implement in 
the RFP and new registry operators may choose to implement those revised 
practices based on the advice of the working group.
Bruce Tonkin, seconded by Ross Rader proposed:

Approving the statement of work for the Working Group on Mechanisms to 
protect rights of others, including preventive Intellectual Property 
Protection Mechanisms with the following drafting changes to the text 
assisted by the ICANN staff to be consistent with the new TLD policy 
development work:
a. Form the working group
b. Document practices and policies, such as the UDRP, that are currently 
in existence.
c. Identify the problems that the procedures are intended to solve
d. Establish definitions of terms used in the working group to ensure 
all members have a common understanding
e. Add text suggested by Chuck Gomes to bring the two working group in 
line with regard to the formation, voting and membership:
Formation of the Working Group.
The Working Group (WG) is chartered by the GNSO Council with an approved 
statement of work, as defined below. This Statement of Work is intended 
to guide the work of the group.
1. Voting:
In general, the working group should operate using a rough consensus 
approach. Every effort should be made to arrive at positions that most 
or all of the group members are willing to support. “Straw poll voting” 
should be used to determine whether there is rough consensus on 
particular issues. In order to ensure that each constituency does not 
have to provide the same number of members, constituencies, regardless 
of number of representatives, can hold 3 votes, and each individual 
nominating committee councilor hold one vote. Liaisons are non voting.
2. Membership
The Working Group is open for membership to Councilors and to GNSO 
Constituency members; advisory committees (e.g., ALAC, GAC) may appoint 
non-voting liaisons to the working group.
Members may be added by the constituencies and the Advisory groups at 
any time during the work of the WG. The ccNSO could be invited to have 
representatives participate as observers because there may be 
implications for the treatment of the two letter country codes, which 
are presently reserved at all levels. The WG may invite external experts 
as speakers or advisors (in the role of observer) that may be able to 
constructively contribute to the effort.
Every effort should be made to ensure that the working group include and 
consider the varying points of view on key issues. It is more important 
that all varying points of view are examined and reflected than for 
every constituency or group to have representation or equal numbers of 
members. If this goal is achieved and recommendations are developed that 
have rough consensus of the group, then the full Council, with balanced 
representation from all constituencies and NomCom appointees, will then 
have opportunity to act. Members should be selected who can commit 
sufficient time during the next three-four months to facilitate 
achievement of the targeted accomplishments describe in the next section 
(Working Timeline).
The Council will appoint an initial or interim chair [or co-chairs] and 
the Working Group should, at its initial meeting, elect or confirm the 
chair and co-chair(s).
3. Working Timeline
The Working Group is asked to convene at the earliest possible time and 
to achieve the following targets:
1. Progress report in the upcoming intercessional working sessions of 
Dec05 PDP committee and the Feb06 PDP task force, scheduled for February 
22-25
2. Progress report at least one week prior to the start of the Lisbon 
ICANN meetings (16 March 2007).
3. Final report at least one week prior to the April 2007 GNSO Council 
meeting.
The motion passed by a unanimous vote of acclamation.

Decision 2:
Council approved the statement of work for the Working Group on 
Mechanisms to protect rights of others, including preventive 
Intellectual Property Protection Mechanisms with the following drafting 
changes to the text assisted by the ICANN staff to be consistent with 
the new gTLD policy development work:
a. Form the working group
b. Document practices and policies, such as the UDRP, that are currently 
in existence.
c. Identify the problems that the procedures are intended to solve
d. Establish definitions of terms used in the working group to ensure 
all members have a common understanding
e. Add text suggested by Chuck Gomes to bring the two working group in 
line with regard to the formation, voting and membership:
Formation of the Working Group.
The Working Group (WG) is chartered by the GNSO Council with an approved 
statement of work, as defined below. This Statement of Work is intended 
to guide the work of the group.
1. Voting:
In general, the working group should operate using a rough consensus 
approach. Every effort should be made to arrive at positions that most 
or all of the group members are willing to support. “Straw poll voting” 
should be used to determine whether there is rough consensus on 
particular issues. In order to ensure that each constituency does not 
have to provide the same number of members, constituencies, regardless 
of number of representatives, can hold 3 votes, and each individual 
nominating committee councilor hold one vote. Liaisons are non voting.
2. Membership
The Working Group is open for membership to Councilors and to GNSO 
Constituency members; advisory committees (e.g., ALAC, GAC) may appoint 
non-voting liaisons to the working group.
Members may be added by the constituencies and the Advisory groups at 
any time during the work of the WG. The ccNSO could be invited to have 
representatives participate as observers because there may be 
implications for the treatment of the two letter country codes, which 
are presently reserved at all levels. The WG may invite external experts 
as speakers or advisors (in the role of observer) that may be able to 
constructively contribute to the effort.
Every effort should be made to ensure that the working group include and 
consider the varying points of view on key issues. It is more important 
that all varying points of view are examined and reflected than for 
every constituency or group to have representation or equal numbers of 
members. If this goal is achieved and recommendations are developed that 
have rough consensus of the group, then the full Council, with balanced 
representation from all constituencies and NomCom appointees, will then 
have opportunity to act. Members should be selected who can commit 
sufficient time during the next three-four months to facilitate 
achievement of the targeted accomplishments describe in the next section 
(Working Timeline).
The Council will appoint an initial or interim chair [or co-chairs] and 
the Working Group should, at its initial meeting, elect or confirm the 
chair and co-chair(s).
3. Working Timeline
The Working Group is asked to convene at the earliest possible time and 
to achieve the following targets:
1. Progress report in the upcoming intercessional working sessions of 
Dec05 PDP committee and the Feb06 PDP task force, scheduled for February 
22-25
2. Progress report at least one week prior to the start of the Lisbon 
ICANN meetings (16 March 2007).
3. Final report at least one week prior to the April 2007 GNSO Council 
meeting.
Item 4: Process for electing a replacement for ICANN Board seat #13

Alejandro Pisanty's term on the ICANN Board concludes 6 months after the 
ICANN annual meeting in 2006 (ie 8 June 2007). As recorded in the 
minutes of 19 Feb 04 
(http://www.gnso.icann.org/meetings/minutes-gnso-19feb04.shtml)
Alejandro is not eligible for re-election as he has reached the term 
limit provisions in the ICANN bylaws ("no Director may serve more than 
three consecutive terms").
The GNSO must inform the Secretary of ICANN of its selection for Board 
Seat #13 before 8 May 2007.
Note also at any given time, no two Directors selected by a Supporting 
Organization shall be citizens of the same country or of countries 
located in the same Geographic Region. Rita Rodin was recently selected 
by the GNSO to fill ICANN Board Seat #14, and is from North America.
(From ICANN bylaws http://www.icann.org/general/bylaws.htm#VI , Article 
VI, section 8, clauses 1(e) and 3, and Section 2, clause 3)
The GNSO Secretariat will propose a timeline/process for consideration.

The Secretariat proposed the following timelines and summarised the 
election procedure:
http://gnso.icann.org/mailing-lists/archives/council/msg03184.html

Call for nominations by members of the GNSO Council:
3 weeks for Nominations:
Opens on Monday 19 February 2007 closes on Monday 12 March 2007

Two weeks to verify and interview candidates
Monday 12 March 2007 to Sunday 25 March 2007

Start voting - first round
Monday 2 April 2007 - Monday 9 April 2007

Start voting - second round
Monday 9 April 2007 - Monday 16 April

Start voting - third round
Monday 16 April 2007 - Monday 23 April

The results will be announced on 24 April, or before if the voting is 
successfully completed.
Proposed dates for GNSO Council meeting to confirm results:
Thursday 26 April OR Thursday 3 May in time for the GNSO to give due 
notice of its selection no later than five months after the Annual 
Meeting 2006, which would be 8 May 2007.
In accordance with the ICANN Bylaws
From Article VI, http://www.icann.org/general/bylaws.htm#VI

3. In carrying out their responsibilities to fill Seats 9 through 14, 
the Supporting Organizations shall seek to ensure that the ICANN Board 
is composed of members that in the aggregate display diversity in 
geography, culture, skills, experience, and perspective, by applying the 
criteria set forth in Section 3 of this Article. At any given time, no 
two Directors selected by a Supporting Organization shall be citizens of 
the same country or of countries located in the same Geographic Region.
The other ICANN Board seat holder elected by the GNSO is Rita Rodin from 
North America.
Templates will be available for Nomination and Seconding of candidates
All nominations must be seconded by another GNSO Council member.

Each nomination must be accompanied by a brief description of how the 
candidate meets the following selection criteria.
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm
In addition, the candidate should fulfill the additional qualifications 
in section 4, and international representation in section 5 of the ICANN 
bylaws should be respected.
Only GNSO Council members may nominate, second and vote for candidates, 
although GNSO Council members should consult with their constituencies 
with regard to suitable candidates.
All GNSO Council members are eligible to vote, that is, 3 
representatives from each constituency, Registrars, gTLD registries, 
Commercial and Business Users (CBUC), Non Commercial Users (NCUC),
Intellectual Property (IPC), and Internet Service Providers and 
Connectivity Providers (ISPCP) and the 3 Nominating Committee 
appointees. Liaisons from the ALAC and the GAC do not vote.
As provided in the ICANN bylaws, each GNSO Council member representing 
either the registrars constituency or the gTLD registries constituency 
will be entitled to cast two votes in each round, and all other members 
(including those selected by the Nominating Committee) shall be entitled 
to cast one vote.
GNSO Council members who are candidates, will be replaced temporarily on 
the Council by a member chosen by the constituency affected and that 
person will have the right to vote.
The GNSO Secretariat will confirm the nomination, by sending an e-mail 
to the candidate requesting their acceptance and convey the nomination 
and the acceptance thereof to the GNSO Council list.
The voting will be "convention style" voting which consists of 
sequential rounds of voting until a single candidate receives a majority 
of the votes on the GNSO Council. For this reason several rounds of 
voting have been foreseen. (see: Appendix A Convention Style Voting)
There will be a total of 27 votes cast and a majority is 14 or more.

Voting will take place by secret e-mail ballot which will be sent will 
be sent out individually to each GNSO Council members' e-mail address. 
At the scheduled times, the Secretariat will announce the results of 
each round of balloting mentioning the confidential code number of each 
ballot and the candidate for whom it was voted for Council members to 
check. In exceptional cases where a GNSO Council member has no Internet 
access during the voting period, a voice vote may be registered with the 
GNSO Secretariat personally during the voting period, before the vote is 
closed.
The GNSO Council will confirm the results of the voting at a Council 
meeting.
Bruce Tonkin, seconded by Alistair Dixon proposed that the Council 
endorses the election procedure and the timelines for the ICANN Board 
seat # 13 as presented to the Council.
The motion was passed by an unanimous vote of acclamation

Decision 4: Council endorses the proposed election procedure and 
timelines for the ICANN Board seat # 13.
Call for nominations by members of the GNSO Council:
3 weeks for Nominations:
Opens on Monday 19 February 2007 closes on Monday 12 March 2007

Two weeks to verify and interview candidates
Monday 12 March 2007 to Sunday 25 March 2007

Start voting - first round
Monday 2 April 2007 - Monday 9 April 2007

Start voting - second round
Monday 9 April 2007 - Monday 16 April

Start voting - third round
Monday 16 April 2007 - Monday 23 April

Announce results 24 April, or before if the voting is successfully 
completed.
Proposed dates for GNSO Council meeting to confirm results:
Thursday 26 April OR Thursday 3 May in time for the GNSO to give due 
notice of its selection no later than five months after the Annual 
Meeting 2006, which would be 8 May 2007.
In accordance with the ICANN Bylaws
From Article VI, http://www.icann.org/general/bylaws.htm#VI

3. In carrying out their responsibilities to fill Seats 9 through 14, 
the Supporting Organizations shall seek to ensure that the ICANN Board 
is composed of members that in the aggregate display diversity in 
geography, culture, skills, experience, and perspective, by applying the 
criteria set forth in Section 3 of this Article. At any given time, no 
two Directors selected by a Supporting Organization shall be citizens of 
the same country or of countries located in the same Geographic Region.
[Note the other ICANN Board seat holder elected by the GNSO is Rita Rodin]

Templates will be available for Nomination and Seconding of candidates
All nominations must be seconded by another GNSO Council member.

Each nomination must be accompanied by a brief description of how the 
candidate meets the following selection criteria
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm

Section 3. CRITERIA FOR SELECTION OF DIRECTORS

ICANN Directors shall be:
Accomplished persons of integrity, objectivity, and intelligence, with 
reputations for sound judgment and open minds, and a demonstrated 
capacity for thoughtful group decision-making;
Persons with an understanding of ICANN's mission and the potential 
impact of ICANN decisions on the global Internet community, and 
committed to the success of ICANN;
Persons who will produce the broadest cultural and geographic diversity 
on the Board consistent with meeting the other criteria set forth in 
this Section;
Persons who, in the aggregate, have personal familiarity with the 
operation of gTLD registries and registrars; with ccTLD registries; with 
IP address registries; with Internet technical standards and protocols; 
with policy-development procedures, legal traditions, and the public 
interest; and with the broad range of business, individual, academic, 
and non-commercial users of the Internet;
Persons who are willing to serve as volunteers, without compensation 
other than the reimbursement of certain expenses; and
Persons who are able to work and communicate in written and spoken English.

Section 4. ADDITIONAL QUALIFICATIONS

1. Notwithstanding anything herein to the contrary, no official of a 
national government or a multinational entity established by treaty or 
other agreement between national governments may serve as a Director. As 
used herein, the term "official" means a person (i) who holds an 
elective governmental office or (ii) who is employed by such government 
or multinational entity and whose primary function with such government 
or entity is to develop or influence governmental or public policies.
2. No person who serves in any capacity (including as a liaison) on any 
Supporting Organization Council shall simultaneously serve as a Director 
or liaison to the Board. If such a person accepts a nomination to be
considered for selection by the Supporting Organization Council to be a 
Director, the person shall not, following such nomination, participate 
in any discussion of, or vote by, the Supporting Organization Council
relating to the selection of Directors by the Council, until the Council 
has selected the full complement of Directors it is responsible for 
selecting. In the event that a person serving in any capacity on a 
Supporting Organization Council accepts a nomination to be considered 
for selection as a Director, the constituency group or other group or 
entity that selected the person may select a replacement for purposes of 
the Council's selection process.
3. Persons serving in any capacity on the Nominating Committee shall be 
ineligible for selection to positions on the Board as provided by 
Article VII, Section 8.
Section 5. INTERNATIONAL REPRESENTATION
In order to ensure broad international representation on the Board, the 
selection of Directors by the Nominating Committee and each Supporting 
Organization shall comply with all applicable diversity provisions of 
these Bylaws or of any Memorandum of Understanding referred to in these 
Bylaws concerning the Supporting Organization. One intent of these 
diversity provisions is to ensure that at all times each Geographic 
Region shall have at least one Director, and at all times no region 
shall have more than five Directors on the Board (not including the 
President). As used in these Bylaws, each of the following is considered 
to be a "Geographic Region": Europe; Asia/Australia/Pacific; Latin 
America/Caribbean islands; Africa; and North America. The specific 
countries included in each Geographic Region shall be determined by the 
Board, and this Section shall be reviewed by the Board from time to time 
(but at least every three years) to determine whether any change is 
appropriate, taking account of the evolution of the Internet.
Only GNSO Council members may nominate and vote for candidates, although 
GNSO Council members should consult with their constituencies with 
regard to suitable candidates
Accepting Nominations:
The GNSO Secretariat will confirm the nomination, by sending an e-mail 
to the candidate requesting their acceptance.
The GNSO Secretariat shall convey the nomination and the acceptance 
thereof to the GNSO Council list.
B. VOTING PROCEDURE
The voting will be "convention style" voting. This consists of 
sequential rounds of voting until a single candidate receives a majority 
of the votes on the GNSO Council.
(see: Appendix A Convention Style Voting
http://gnso.icann.org/elections/election-procedures-01jun06.htm)
(There will be a total of 27 votes cast and a majority is 14 or more.)

C. PROPOSED SCHEDULE FOR THE ROUNDS OF CONVENTION STYLE VOTING
Start voting - first round
Monday 2 April 2007 - Monday 9 April 2007

Start voting - second round
Monday 9 April 2007 - Monday 16 April

Start voting - third round
Monday 16 April 2007 - Monday 23 April

D. GNSO COUNCIL MEMBERS ELIGIBLE TO VOTE:

All GNSO Council members are eligible to vote, that is, 3 
representatives from each constituency, Registrars, gTLD registries, 
Commercial and Business Users (CBUC), Non Commercial Users (NCUC),
Intellectual Property (IPC), and Internet Service Providers and 
Connectivity Providers (ISPCP) and the 3 Nominating Committee 
appointees. Liaisons from the ALAC and the GAC do not vote.
GNSO Council members who are candidates, will be replaced temporarily on 
the Council by a member chosen by the constituency affected and that 
person will have the right to vote.
E. COUNTING OF VOTES:
As provided in the ICANN bylaws,
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm, Article 
X, section 5.2.
each GNSO Council member representing either the registrars constituency 
or the gTLD registries constituency will be entitled to cast two votes 
in each round, and all other members (including those selected by the 
Nominating Committee) shall be entitled to cast one vote.
There will be a total of 27 votes cast and a majority is 14 or more.

F. VOTING
Voting will take place by secret e-mail ballot.

1. Ballots will be sent out individually to each GNSO Council members' 
e-mail address.
2. Ballots should be filled out and returned to the e-mail address 
stated in the ballot. They should not be copied to any e-mail list.
3. At the scheduled times, the Secretariat will announce the results of 
each round of balloting by sending a message to the 
<council@xxxxxxxxxxxxxx> mailing list. These announcements will include:
a. The number of votes received by each candidate;
b. The names of the GNSO Council members from whom ballots were 
received; and
c. The confidential code number of each ballot and the candidate for 
whom it was voted.
Item 3(c) will allow each GNSO Council member to double-check that his 
or her ballot was properly understood, but will not allow others to 
determine how the member voted.
4. In exceptional cases where a GNSO Council member has no Internet 
access during the voting period, a voice vote may be registered with the 
GNSO Secretariat personally during the voting period, before the vote is
closed.

G. DISCLOSURE OF THE VOTING
The Secretariat will announce the outcome of the voting at the close of 
the voting period.
The GNSO Council will confirm the results of the voting at a Council 
meeting. Once that occurs, the GNSO Secretariat will prepare and post a 
full record of all voting, including how each member voted in each round.
H. DISCUSSION MAILING LIST DURING ELECTIONS
1. In accordance with a decision as noted in:
http://www.dnso.org/dnso/notes/20030325.GNSOrio-captioning.html
http://www.dnso.org/dnso/notes/20030325.GNSOrio-minutes.html
Public archiving of the GNSO Council list will not be stopped.
A separate archive and mailing list will be created for the purpose of 
managing elections going forward. This list will (a) exclude those 
Council members who are candidates; but include (b) any liaisons from 
the ALAC or GAC to the GNSO Council; and (c) the GNSO Secretariat.
The list recipients and archiving will be concluded at the end of the 
process.
This list name is elections-gnso@xxxxxxxxx and archives will be posted at
http://forum.icann.org/lists/elections-gnso/ following the conclusion of 
the election.
2. Messages posted to the list should be treated as confidential until 
the end of the elections. The GNSO Secretariat may, however, disclose 
them to the General Counsel's office to the extent appropriate to obtain
advice about how to handle procedural problems that arise during the 
voting process.
The Council list should continue to be used for normal policy 
development work.
Please note that the General Counsel and Deputy General Counsel will not 
be recipients of the special election mailing list during this period, 
so they should be copied on any particular message that you wish to 
bring to their attention.
Item 5 AOB

Bruce Tonkin, seconded by Cary Carp, proposed a vote of thanks to 
Marilyn Cade, from the Commercial and Business Users Constituency whose 
term expired, for her outstanding service on the Council.
The motion passed with an unanimous vote of acclamation.

Decision 5: Council thanked Marilyn Cade, from the Commercial and 
Business Users Constituency whose term expired, for her outstanding 
service on the Council.
Bruce Tonkin formally closed the meeting and thanked everybody for 
participating.
The meeting ended: 22:00 UTC

Next GNSO Council teleconference will be on 1 March 2007 at 19:00 UTC.
see: Calendar

Summary of Work Items arising from the minutes:

1. Arising from Item 3.

1 a. Form working group on Mechanisms to protect rights of others, 
including preventive Intellectual Property Protection Mechanisms.
2 b. Refine the Statement of work with Chuck Gomes, Kristina Rosette, 
Ute Decker and the General Counsel's office to release a new draft.
2 Arising from Item 4.

The call for nominations will open on 19 February 2007.


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