RE: [council] GNSO Council resolutions 31 October 2007

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Glen - I believe it is incorrect to say that motion 1 (IGO DRP PDP) was passed. 
 Please correct me if I am wrong on this.

Councilors - In our rush to get Resolution 4 (Whois) done, I think there are 
two things we missed: 1) the 15 February deadline should have been put at the 
end of item 3 of of resolution paragraph 3; 2) as requested by Ross without any 
objection by others as far as I can recall, we should have included 
identification of policy issues as the first step in the sequentional action 
items so that it should have said the following:

"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 identify the policy issues that need additional 
work; 2)Council shall provide additional definition regarding the potential 
data gathering and study requirements, 3) staff shall provide the Council with 
rough cost estimates for various components of data gathering and studies, 4) 
the Council will decide what data gathering and studies would be pursued; and 
5) staff will perform the resulting data gathering and studies and report the 
results back to the Council; actions 1) through 4) should be completed no later 
than 15 February 2008" 

My guess is that if we want to make the changes I noted above, that we would 
have to act on the modified motion at our next meeting.

Chuck Gomes
 
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> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx 
> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of 
> GNSO.SECRETARIAT@xxxxxxxxxxxxxx
> Sent: Wednesday, October 31, 2007 6:33 PM
> To: 'Council GNSO'
> Subject: [council] GNSO Council resolutions 31 October 2007
> 
> 
> 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
> --------------------------------------------------------------
> 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-1
> 5jun07.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-tastin
> g-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-outcome
> s-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-work
> ing-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
>