[council] GNSO Council Resolutions 16 October 2008

[Glen de Saint Géry <Glen@xxxxxxxxx>]

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

Dear Council Members,

Ahead of the complete minutes, please find the motions that was passed by the 
GNSO Council on Thursday, 16 October 2008.

Kind regards,
Glen


Motion 1.
Motion on Amendment to Council Resolution on the Inter-Registrar Transfer 
Policy (IRTP) Denial Definitions Policy Development Process (PDP)
Moved: Chuck Gomes
Seconded: Avri Doria

Whereas:

*       On 4 September 2008, the GNSO Council adopted a Recommendation 
concluding a Policy Development Process (PDP) to clarify four of the nine 
transfer denial reasons enumerated in the Inter-Registrar Transfer Policy;

*       The ensuing public comment period rendered a comment identifying a 
possibility to misinterpret a part of the proposed text for Denial Reason #9, 
notably the words "or transfer to the Registrar of Record";

*       The GNSO Council, in consultation with members of the drafting group 
for this PDP, has found it appropriate to delete these words from the proposed 
text for Denial Reason #9;


Resolved:

1. That Denial reason #9 in which the current text reads:

A domain name is within 60 days (or a lesser period to be determined) after 
being transferred (apart from being transferred back to the original Registrar 
in cases where both Registrars so agree and/or where a decision in the dispute 
resolution process so directs).

Be amended to read:

A domain name is within 60 days (or a lesser period to be determined) after 
being transferred (apart from being transferred back to the original Registrar 
in cases where both Registrars so agree and/or where a decision in the dispute 
resolution process so directs). "Transferred" shall only mean that an 
inter-registrar transfer has occurred in accordance with the procedures of this 
policy.

18 Votes in favour:
Philip Sheppard, Zahid Jamil, Ute Decker, Kristina Rosette, Tony Holmes, Greg 
Ruth, Robin Gross, Carlos Souza, Avri Doria, Olga Cavalli (one vote each)
Adrian Kinderis, Tim Ruiz, Chuck Gomes, Edmon Chung (two votes each)

Absentee votes, after 24 hours, still to be counted.
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Motion 2.
Motion on Geographic Regions Motion (carried forward from 25 September)
Motion: Olga Cavalli
Second: Tim Ruiz & Chuck Gomes

Whereas:

In its meeting on 2 November 2007 the ICANN Board approved resolution 07.92
http://www.icann.org/en/minutes/resolutions-02nov07.htm#_Toc55609368
requesting "that the ICANN community, including the GNSO, ccNSO, ASO, GAC, and 
ALAC, provide the ICANN Staff with input on the ccNSO Council's resolution 
relating to ICANN's Geographic Regions"

In an email to the GNSO Council dated 15 July 2008 Denise Michel
http://gnso.icann.org/correspondence/michel-to-doria-15jul08.pdf
requested the GNSO "provide input, if any, on the suggested formation of a 
community wide working group, and its mandate"

In its meeting on 17 July 2008 the GNSO Council
http://gnso.icann.org/meetings/minutes-gnso-17jul08.shtml
agreed to form a drafting team in response to the ICANN Board request on ICANN 
Geographic Regions The drafting team submitted its recommendations for GNSO 
comments to the GNSO Council on 26 July 2008

In the 4 September 2008 Council meeting Council representatives were asked to 
forward the recommendations to their respective constituencies for discussion 
and comment as applicable and be prepared to finalize the GNSO comments in the 
Council meeting on 25 September 2008

The Council reviewed in its meeting on 16 October 2008.
Resolve:

The GNSO Council approves the proposed GNSO comments.

The Council Chair is asked to submit the GNSO comments to the Board.

The motion passed unanimously by voice vote.

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Motion 3. Motion on ccNSO Liasion
Motion: Avri Doria
Second: Adrian Kinderis

Whereas

The GNSO has decided in the past on its interest in exchanging a liaison with 
the ccNSO and has communicated this interest to the chair of the ccNSO, and
Initial discussions were held in Paris during the joint meeting between the 
GNSO and the ccNSO on the exchange of liaisons between the GNSO council and the 
ccNSO council
The GNSO in earlier discussions had approved the idea in principle of 
exchanging liaisons, and
The Chair of the ccNSO sent a formal note (email reference 17 September 2008)
http://gnso.icann.org/mailing-lists/archives/council/msg05450.html
 to the GNSO chair indicating that the ccNSO council was interested in an 
exchange of observers.
Resolve:

The Chair of the GNSO send the following to the chair of the ccNSO:
        Dear Chris,

On behalf of the GNSO council, I thank you for your note on behalf of the ccNSO 
council regarding the exchange of observers. The GNSO council reiterates its 
interest in cooperation on issues of mutual interest and in the ongoing 
exchange of information between the GNSO and the ccNSO.
The GNSO council is in agreement with an exchange of observers on the basis you 
proposed. Specifically: "Both the GNSO observer to the ccNSO Council and the 
ccNSO Observer to the GNSO Council shall not be considered a member of or 
entitled to vote on the Council, but otherwise shall be entitled to participate 
on equal footing with members of the Councils."
The GNSO council will select a representative shortly and welcomes the 
participation of the representative to be selected by the ccNSO council. I will 
notify you and the ccNSO secretariat once the GNSO council has completed its 
selection process.
Best Regards,

The motion passed unanimously by voice vote.
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Motion 4a

Motion on amending GNSO Improvement Plan - Membership in Operational Steering 
Committee
Motion: Avri Doria
Second: Chuck Gomes

1. In the section "Members in the PPSC" on page 9 of the GNSO Improvements Plan 
modify

Unless otherwise determined by the PPSC members, committee decisions will be 
made using a "full consensus" process.
to

Unless otherwise determined by the PPSC members, committee decisions will be 
made using a "full consensus of the members" process.
2. In the section "Members in the OSC" on page 12 of the GNSO Improvements Plan 
modify

Unless otherwise determined by the OSC members, committee decisions will be 
made using a "full consensus" process.
to

Unless otherwise determined by the OSC members, committee decisions will be 
made using a "full consensus of the members" process.
3. In the section "Other Participants in the OSC" on page 12, of the GNSO 
Improvements Plan add:

o 1 representative from any constituencies-in-formation formally involved in 
the process of applying for inclusion in one of the GNSO Stakeholder groups. 
The definition of the new constituency process should include the requirements 
that need to be met to achieve this status.

The motion did not pass
9 votes in favour: Ute Decker, Cyril Chua, Carlos Souza, Avri Doria, Olga 
Cavalli (one vote each)
Chuck Gomes, Edmon Chung (two votes each)
9 votes against: Philip Sheppard, Zahid Jamil, Tony Holmes, Tony Harris, Greg 
Ruth, Robin Gross, Norbert Klein (one vote each)
Tim Ruiz (Two votes)
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Motion 4b.
Motion on GNSO Improvements Implementation Plan
http://gnso.icann.org/drafts/gnso-improvements-implementation-plan-24sept08.pdf
Motion: Chuck Gomes
Second: Avri Doria

Whereas:

The ICANN Board in resolution 2008.02.15.03
http://www.icann.org/en/minutes/resolutions-15feb08.htm#_Toc64545918
 directed the ICANN Staff to "draft a detailed implementation plan in 
consultation with the GNSO"

Such a plan was developed by the Planning Team composed of staff and GNSO 
members working jointly and in cooperation

The ICANN board in resolution 2008.06.26.13
http://www.icann.org/en/minutes/resolutions-26jun08.htm#_Toc76113182
endorsed the recommendations of the Board Governance Committee's GNSO Review 
Working Group

The ICANN board in its meeting on 1 October 2008
http://www.icann.org/en/minutes/prelim-report-01oct08.htm
approved resolutions 6 through 15 relating to the recommendations of the Board 
Governance Committee GNSO Working Group and the specific topic of GNSO Council 
Restructuring,
Resolved:

The GNSO will develop a plan for GNSO Council restructuring implementation that 
is separate and distinct from the GNSO Improvements Implementation Plan as 
directed in resolution 2008.10.01.15
http://www.icann.org/en/minutes/prelim-report-01oct08.htm

The GNSO Council approves the Framework defined in the GNSO Improvements 
Implementation Plan dated 24 September 2008 as prepared by the GNSO 
Improvements Planning Team as documented in
http://gnso.icann.org/drafts/gnso-improvements-implementation-plan-24sept08.pdf
(as updated)

The GNSO Council requests that constituencies, NomCom appointees, the ALAC and 
the GAC identify representatives to serve in the two Standing Committees as 
defined in the Plan by 24 October 2008 if possible, but not later than 31 
October

Kickoff meetings of the Standing Committees be held during the ICANN meetings 
in Cairo (1-7 November 2008) with teleconference capability for any who may not 
be able to attend in-person.

Passed unanimously by voice vote

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org