[council] GNSO Council resolutions 31 October 2007

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

Dear Council Members,

Ahead of the complete minutes, please find the resolutions that were
passed by the GNSO Council Open Meeting in LA on Wednesday 31 October 2007.

Please let me know if you have any questions.

Thank you.
Kind regards,

Glen
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GNSO Council Open Meeting in LA agenda
http://gnso.icann.org/meetings/agenda-31oct07.shtml
also see: http://losangeles2007.icann.org/node/61

Resolution 1

Whereas, the Council has previously requested and received both the 15 
June 2007 "GNSO Issues Report on Dispute Handling for IGO Names and 
Abbreviations"
http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf
 and the 28 September 2007 "Staff Report on Draft IGO Domain Name 
Dispute Resolution Procedure;"
http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf
and

Whereas, the Council believes that further work on the draft IGO Domain 
Name Dispute Resolution Procedure is appropriate before voting on 
whether to initiate a policy development process on this issue; and
Whereas, the Intellectual Property Constituency is willing to lead a 
small ad hoc group to review and consider a proposed draft dispute 
resolution procedure,
Now, therefore, be it resolved that the Council authorizes the creation 
of a small ad hoc group of interested informed and representative 
stakeholders and members of the GAC to review, consider and propose as 
appropriate revisions to the Draft IGO Domain Name Dispute Resolution 
Procedure set forth in the Staff Report, and instructs the ad hoc group 
to report to the Council with its recommendations not later than 15 
February 2008.
Resolution 2.

Whereas the issues report on Domain Tasting 
http://gnso.icann.org/issues/domain-tasting/gnso-domain-tasting-report-14jun07.pdf 
has been released and discussed
 and
Whereas, the GNSO Council acknowledges the Final Outcomes Report of the 
ad hoc group on Domain Tasting,
http://gnso.icann.org/drafts/gnso-domain-tasting-adhoc-outcomes-report-final.pdf 
the Council hereby initiates a Policy Development Process, and pursuant 
to Sections 4 and 8 of Annex A of the Bylaws,
The GNSO council resolves to initiate a PDP to address the issues set 
forth in the Issues Report by Staff and in the Outcomes Report of the ad 
hoc group and encourages staff to apply ICANN's fee collections to names 
registered and subsequently deregistered during the add-grace period.
Resolution 3.

Whereas, the GNSO Council has resolved to initiate a Policy Development 
Process on Domain Tasting, and pursuant to Sections 4 and 8 of Annex A 
of the Bylaws, resolves as follows:
1.     To request that each constituency appoint a representative to 
solicit the constituency's views on the issues presented in the Issues 
Report by Staff and in the Outcomes Report of the ad hoc group.  Each 
such representative is asked to submit a Constituency Statement to the 
ICANN  staff manager within thirty-five (35) calendar days of this 
resolution.
2.     To request that ICANN Staff take all Constituency Statements, the 
two prior reports, and other information and compile (and post on the 
Comment Site) an Initial Report within fifty (50) calendar days of this 
resolution.
3.     Thereafter, the PDP shall follow the provisions of Item 9 of 
Annex A of the Bylaws, in creating a Final Report for Council.
Resolution 4.

WHEREAS;
1. The GNSO Council has recently received the Whois Working Group
final report
http://gnso.icann.org/drafts/icann-whois-wg-report-final-1-9.pdf
and;

2. The GNSO Council acknowledges that the broad range of stakeholders
with interests in this issue has lead to a wide range of views of
what the policy issues are and how to best address those policy issues
with solutions that can be supported by the consensus of the community,
and;

3. The GNSO Council observes that the Working Group failed to reach
agreement on several of the key issues identified in the charter of the
Working Group,
http://gnso.icann.org/issues/whois-privacy/whois-wg/whois-working-group-charter-16apr07.pdf 
and;
4. That broadly, the scope of the issues in this area have evolved
substantially over the term of this Policy Development Process since
it was originally chartered, and;

5. A comprehensive, objective and quantifiable understanding of
key factual issues regarding the gTLD Whois system will benefit future 
GNSO policy development efforts, and;
6. The rights and requirements of natural persons, the legal and 
business communities, anti-crime and law enforcement and registrars in 
the areas of privacy, access, enforcement, investigation, consumer 
protection and research would benefit from future policy development by 
the GNSO.
THEREFORE, Be it resolved that the GNSO Council;
1. Sincerely thanks all of the volunteers, advisors, consultants,
staff, stakeholders, observers and constituency participants who have
contributed to the GNSO's examination of Whois policy over the last
four years, and;

2. Formally ends the Policy Development Process on gTLD Whois without
making any recommendations for specific policy changes to ICANN’s Board
of Directors, and;

3.  Recognizes the demand for future policy development including, but 
not limited to, ensuring appropriate privacy safeguards for natural 
persons, lawful access to data for rights enforcement, consumer 
protection, law enforcement and anti-crime purposes and will immediately 
initiate the following sequential actions:  1) Council shall provide 
additional definition regarding the potential data gathering and study 
requirements  2) staff shall provide the Council with rough cost 
estimates for various components of data gathering and studies no later 
than February 15th,
2008;; 3) the Council will decide what data gathering and studies would 
be pursued; and 4) staff will perform the resulting data gathering and 
studies and report the results back to the Council .
4. May initiate policy development activities in this area, as
supported by the findings of the data-gathering and study  activities
upon their completion.

Resolution 5

Whereas Dr Liz Williams, as Senior Policy Counselor for ICANN, has been
the ICANN Staff Manager assigned to support the GNSO's Policy
Development Process (PDP) on new gTLDs, since December 2005.

Whereas this PDP trialled a number of new approaches in GNSO policy
development, including the use of inter-sessional face-to-face meetings,
calls for formal papers with the ability for the authors to present
those papers and have dialog with the committee, and the use of working
groups to analyse topics such as IDNs, reserved names, and protecting
the rights of others.    The success of the working groups became the
foundation of the Board Governance Committee's GNSO Review Working Group
recommendations on using working groups as the main approach for policy
development.

Whereas Liz worked tirelessly to secure support for many of these
initiatives, and pull together a huge amount of public input, meeting
transcripts, and GNSO constituency contributions into a final set of
principles, recommendations, and guidelines, along with a large range of
supporting material that will assist the ICANN staff in implementing the
policy.

Whereas Liz completed the final report on the policy for new gTLDs in
August 2007, finished her term of office with ICANN in September 2007.

It is resolved that the GNSO expresses its sincere gratitude for her
service to the ICANN community and wishes her every success in her next
endeavours.
--
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org