Re: [council] Draft minutes of the GNSO Council teleconference 7 June 2007

["Sophia B" <sophiabekele@xxxxxxxxx>]

Hi Glen,

I am sorry for non attendance.  I got the date mixed up, thought it was July
7th. My mistake,
Regards
S


On 17/06/07, GNSO.SECRETARIAT@xxxxxxxxxxxxxx <
gnso.secretariat@xxxxxxxxxxxxxx> wrote:
> [To: council[at]gnso.icann.org]
>
> Dear Council Members,
>
> Please find the draft minutes of the GNSO Council teleconference held on
> 7 June 2007.
>
> Please let me know if you would like any changes made.
>
> Thank you very much.
>
> Kind regards,
> Glen
>
>
> ..................................................................................
> 7 June 2007
>
> Proposed agenda and documents
>
> List of attendees:
> Philip Sheppard - Commercial & Business Users C.
> Mike Rodenbaugh - Commercial & Business Users C. - absent
> Alistair Dixon - Commercial & Business Users C
> Greg Ruth - ISCPC
> Antonio Harris - ISCPC
> 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
> Kiyoshi Tsuru - Intellectual Property Interests C - absent
> Robin Gross - NCUC
> Norbert Klein - NCUC.
> Mawaki Chango - NCUC
> Sophia Bekele - Nominating Committee appointee - absent
> Jon Bing - Nominating Committee appointee - absent - apologies
> Avri Doria - Nominating Committee appointee
>
> 17 Council Members
> (23 Votes - quorum)
>
> ICANN Staff
> Dan Halloran - Deputy General Counsel
> Kurt Pritz - Senior Vice President, Services
> Denise Michel - Vice President, Policy Development
> Olof Nordling - Manager, Policy Development Coordination
> Liz Williams - Senior Policy Counselor
> Maria Farrell - GNSO Policy Officer
> Craig Schwartz - Chief gTLD Registry Liaison
> Karin Lentz - gTLD Registry Liaison
> Glen de Saint Géry - GNSO Secretariat
>
> GNSO Council Liaisons
> Suzanne Sene - GAC Liaison - absent - apologies
> Alan Greenberg - ALAC Liaison
>
> Rita Rodin - ICANN Board member
>
> Invited observers to the new gTLD PDP
> Adrian Kinderis - Registrar constituency observer
> Marilyn Cade - CBUC
> Mark McFadden - ISPCP Secretariat
> Jon Nevett - Registrar constituency chair
> Werner Staub - Registrar constituency
> Ken Stubbs - Registry constituency
> Victoria McEvedy - NCUC
> Miriam Sapiro - consultant
> Ray Fassett - registry
>
> Quorum present at 12:10 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 24 May 2007
>
> Chuck Gomes moved the adoption of the GNSO Council minutes, 24 May 2007
>
> Motion approved.
> Mawaki Chango abstained
>
> Approval of the GNSO Council minutes of 24 May 2007
>
> Decision 1: The GNSO Council minutes of 24 May 2007 were adopted.
>
> Item 3: Ratify the result of the election for the GNSO Council chair
> http://gnso.icann.org/mailing-lists/archives/council/msg03552.html
>
> The chair must receive affirmative votes comprising a majority of the
> votes of all the members of the GNSO Council – ie at least 14 votes
>
> The election results were:
> 15 FOR Avri Doria
> 9 FOR Philip Sheppard
> 0 ABSTAIN
>
> There were 27 votes in total accounting for 21 Council members.
> http://gnso.icann.org/council/members.shtml
> 19 Council members voted - accounting for 24 votes. 2 Council members
> did not return their ballots accounting for 3 votes, one council member
> holding a single vote and one holding a double vote.
>
> Bruce Tonkin proposed a procedural motion to ratify the results of the
> GNSO Council Chair election and congratulate Avri Doria as the new GNSO
> Council chair.
>
> The motion passed by a unanimous vote of acclamation.
>
> Decision 2: The GNSO Council ratified the results of the GNSO Council
> chair election and congratulated Avri Doria as the new GNSO Council chair.
>
> Item 4: Review new gTLD recommendations
> http://gnso.icann.org/drafts/pdp-dec05-draft-fr.htm
> http://www.gnso.icann.org/meetings/council-meeting-table-07jun07.pdf
>
> The purpose of this discussion is to review any changes/updates to the
> draft recommendations since Lisbon.
>
> Council discussed the recommendations and the following changes were
> made on the call.
> (The italics indicate text that was struck, and the bold indicates text
> that was added.)
>
> NEW TOP LEVEL DOMAIN INTRODUCTION:
> PROPOSED RECOMMENDATIONS
>
> RECOMMENDATION 1.
> ICANN must implement a process that allows the introduction of new
> top-level domains.
> The evaluation and selection procedure for new gTLD registries should
> respect the principles of fairness, transparency and non-discrimination.
> All applicants for a new gTLD registry should therefore be evaluated
> against transparent and predictable criteria, fully available to the
> applicants prior to the initiation of the process. Normally, therefore,
> no subsequent additional selection criteria should be used in the
> selection process.
> [GAC2.5]
>
> RECOMMENDATION 2.
> Strings must not be confusingly similar to an existing top-level domain.
>
> Text struck:
> In the interests of consumer confidence and security, new gTLDs should
> not be confusingly similar to existing TLDs. To avoid confusion with
> country-code Top Level Domains no two letter gTLDs should be introduced.
> [GAC2.4]
>
> RECOMMENDATION 3
> Strings must not infringe the existing legal rights of others that are
> recognized or enforceable under generally accepted and internationally
> recognized principles of law.
>
> Examples of these legal rights that are internationally recognized
> include, but are not limited to, rights defined in the Paris Convention
> for the Protection of Industrial Property (in particular trademark
> rights), the Universal Declaration of Human Rights and the International
> Covenant on Civil and Political Rights (in particular freedom of speech
> rights).
>
> Text struck:
> The process for introducing new gTLDs must make proper allowance for
> prior third party rights, in particular trademark rights as well as
> rights in the names and acronyms of inter-governmental organizations
> (IGOs). [GAC2.3]
>
> RECOMMENDATION 4
> Strings must not cause any technical instability.
>
> RECOMMENDATION 5
> Strings must not be a Reserved Word.
>
> Text struck:
> ICANN should avoid country, territory or place names, and country,
> territory or regional language or people descriptions, unless in
> agreement with the relevant governments or public authorities. [GAC2.2]
>
> RECOMMENDATION 6.
> Strings must not be contrary to generally accepted legal norms relating
> to morality and public order that are enforceable under generally
> accepted and internationally recognized principles of law.
> Examples of such limitations that are internationally recognized
> include, but are not limited to, restrictions defined in the Paris
> Convention for the Protection of Industrial Property (in particular
> restrictions on the use of some strings as trademarks), and the
> Universal Declaration of Human Rights (in particular limitations to
> freedom of speech rights).
>
>
> Text struck
> New gTLDs should respect:
> a) The provisions of the Universal Declaration of Human Rights which
> seek to affirm "fundamental human rights, in the dignity and worth of
> the human person and in the equal rights of men and women".
> b) The sensitivities regarding terms with national, cultural, geographic
> and religious significance. [GAC2.1]
>
> RECOMMENDATION 7:
> Applicants must be able to demonstrate their technical capability to run
> a registry operation for the purpose that the applicant sets out.
>
> RECOMMENDATION 8:
> Applicants must be able to demonstrate their financial and
> organisational operational capability.
>
> Text struck
> An application will be rejected or otherwise deferred if it is
> determined, based on public comments or otherwise, that there is
> substantial opposition to it from among significant established
> institutions of the economic sector, or cultural or language community,
> to which it is targeted or which it is intended to support.
>
> RECOMMENDATION 9:
> There must be a clear and pre-published application process using
> objective and measurable criteria.
>
> RECOMMENDATION 10:
> There must be a base contract provided to applicants at the beginning of
> the application process.
>
> Text and recommendation struck
> RECOMMENDATION 11:
> Staff Evaluators will be used to make preliminary determinations about
> applications as part of a process which includes the use of expert
> panels to make decisions.
>
> RECOMMENDATION 12:
> Dispute resolution and challenge processes must be established prior to
> the start of the process.
>
> RECOMMENDATION 13:
> Applications must initially be assessed in rounds until the scale of
> demand is clear.
>
> RECOMMENDATION 14:
> The initial registry agreement term must be of a commercially reasonable
> length.
>
> RECOMMENDATION 15:
> There must be renewal expectancy.
>
> RECOMMENDATION 16:
> Registries must apply existing Consensus Policies and adopt new
> Consensus Polices as they are approved.
>
> RECOMMENDATION 17:
> A clear compliance and sanctions process must be set out in the base
> contract which could lead to contract termination.
>
> RECOMMENDATION 18:
> If an applicant offers an IDN service, then ICANN's IDN guidelines must
> be followed.
>
> RECOMMENDATION 19:
> Registries must use ICANN accredited registrars.
>
> RECOMMENDATION 20
> An application will be rejected if it is determined, based on public
> comments or otherwise, that there is substantial opposition to it from
> among significant established institutions of the economic sector, or
> cultural or language community, to which it is targeted or which it is
> intended to support
>
> Item 5: Review options for voting on the recommendations (note a vote
> will not be conducted at this meeting, but the aim is to discuss the how
> such a vote would be managed):
>
> Options include:
>
> (a) Each Council member votes on recommendations as a whole
>
> (b) Each Council member votes on each individual recommendation
>
> (c) We separate recommendations that are "complete", versus those that
> need further work
>
> Bruce Tonkin drew attention to the fact that Council votes on the
> recommendations of the new gTLD committee and does not actually approve
> the report, compiled by staff, that consists of appendices, records of
> public comments and constituency statements and such like which is sent
> to the ICANN Board for consideration.
> There was general agreement that the Council would wait for an updated
> version and further discussion at the meetings in San Juan and possibly
> vote on all the recommendations together, after the ICANN meetings in
> Puerto Rico.
>
> Item 6: Any other business
> 6.1 Domain Name Tasting Issues Report
>
> Bruce Tonkin commented that the key issue was to have clear terms of
> reference to start the Policy Development Process (PDP) and suggested
> that if constituencies or Council members considered going ahead with
> the process they should draft a proposed terms of reference for
> consideration by the Council at its meeting in San Juan, or
> alternatively the Council may request that staff conduct further fact
> finding and research before initiating a PDP.
>
>
> Bruce Tonkin handed the Chair to Avri Doria.
>
> Avri Doria thanked Bruce Tonkin personally, and on behalf of the Council
> for his excellent leadership and wished him the best of luck as a Board
> member.
>
> Avri Doria formally closed the meeting and thanked everyone for their
> participation.
>
> The meeting ended: 15:25 UTC
>
> Next GNSO Council meeting will be on 27 June 2007 at 10:30 local time in
> San Juan, Puerto Rico. .
> see: Calendar
>
> Summary of Work Items arising from the minutes:
>
> Item 4. Staff to update new gTLD recommendations and report
> --
> Glen de Saint Géry
> GNSO Secretariat - ICANN
> gnso.secretariat[at]gnso.icann.org
> http://gnso.icann.org