[council] Resolutions passed by the GNSO Council 16 April, Voting Results

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councilors,

The final results on the motions below at the close of the voting period, 
Sunday 19 April at 16:10 UTC are as follows:
     
      1.  Proposed Motion on the Inter-Registrar Transfer Policy (IRTP) Part A 
Policy Development     Process (PDP)
 24 Votes in favour.

      2.  Next round of IRTP issues to address
 24 Votes in favour.

(See below for details)

Councilors noted as absent: Mike Rodenbaugh, Zahid Jamil, Ute Decker, Kristina 
Rosette, Mary Wong, Carlos Souza, Adrian Kinderis, Jordi Iparraguirre, Edmon 
Chung.

Completed ballots due NLT  16:10 UTC, Sunday, 19 April 2009.
(09:10 PDT, 12:10 EDT, 13:10 Rio de Janeiro, 17:10 London, 18:10 CEST, 22:10 
Karachi, 00:10 Hong Kong, 02:10 Melbourne Monday 20 April 2009)
..............................................................................................
MOTION 1 
Proposed Motion on the Inter-Registrar Transfer Policy (IRTP) Part A Policy 
Development Process (PDP)

Motion by: Mike Rodenbaugh
Seconded by: Chuck Gomes

Whereas:

On 25 June 2008, the GNSO Council launched a Policy Development Process (PDP) 
on three "new" issues identified by the Transfers Working Group in 2008 
addressing 
(1) the potential exchange of registrant email information between registrars,

(2) the potential for including new forms of electronic authentication to 
verify transfer requests and avoid "spoofing," and

(3) to consider whether the IRTP should include provisions for "partial bulk 
transfers" between registrars;

Whereas this PDP has followed the prescribed PDP steps as stated in the Bylaws, 
resulting in a Final Report delivered on 19 March 2009;

Whereas the IRTP Part A WG has reached consensus on the recommendations in 
relation to each of the three issues outlined above;

Whereas these recommendations do not include any proposals for changes to the 
Inter-Registrar Transfer Policy, but do recommend that the GNSO Council:

(1) Carry out an assessment of whether IRIS would be a viable option for the 
exchange of registrant email address data between registrars and conduct an 
analysis of IRIS' costs, time of implementation and appropriateness for IRTP 
purposes;

(2) Suggest that future IRTP working groups consider the appropriateness of a 
policy change that would prevent a registrant from reversing a transfer after 
it has been completed and authorized by the admin contact; and,

(3) Clarify that the current bulk transfer provisions also apply to a bulk 
transfer of domain names in only one gTLD.

Whereas the GNSO Council has reviewed and discussed these recommendations;

The GNSO Council RESOLVES:

To encourage staff to explore further assessment of whether IRIS would be a 
viable option for the exchange of registrant email address data between 
registrars and conduct an analysis of IRIS' costs, time of implementation and 
appropriateness for IRTP purposes.

To include in future IRTP working groups the issue of the appropriateness of a 
policy change that would prevent a registrant from reversing a transfer after 
it has been completed and authorized by the admin contact.

Recommends that ICANN staff communicate to registries and registrars that the 
current bulk transfer provisions do apply to cases requiring the transfer of 
all names in one single gTLD under management of a registrar.

Footnote:
>From the Policy on Transfer of Registrations between Registrars: 'Transfer of 
>the sponsorship of all the registrations sponsored by one Registrar as the 
>result of

(i) acquisition of that Registrar or its assets by another Registrar, or

(ii) lack of accreditation of that Registrar or lack of its authorization with 
the Registry Operator, may be made according to the following procedure:

(a) The gaining Registrar must be accredited by ICANN for the Registry TLD and 
must have in effect a Registry-Registrar Agreement with Registry Operator for 
the Registry TLD.
(b) ICANN must certify in writing to Registry Operator that the transfer would 
promote the community interest, such as the interest in stability that may be 
threatened by the actual or imminent business failure of a Registrar.


Upon satisfaction of these two conditions, the Registry Operator will make the 
necessary one-time changes in the Registry database for no charge, for 
transfers involving 50,000 name registrations or fewer. If the transfer 
involves registrations of more than 50,000 names, Registry Operator will charge 
the gaining Registrar a one-time flat fee of US$ 50,000.'

In favour: 24 votes

Philip Sheppard, Cyril Chua, Tony Harris, Tony Holmes, William Drake, Avri 
Doria, Olga Cavalli, Terry Davis ( one vote each)
Chuck Gomes, Tim Ruiz, Stéphane van Gelder (two votes each)

Absentee ballots received from
Greg Ruth, Mike Rodenbaugh, Zahid Jamil, Kristina Rosette, Carlos Souza, Ute 
Decker (one vote each)
Jordi Iparraguirre, Edmon Chung (two votes each)

2 councillors did not cast votes counting for 3 votes
One vote was received after the vote closed.
One councilor did not vote
--------------------------------------------------------------------------------

MOTION 2
Next round of IRTP issues to address

Made by Tim Ruiz
Seconded by Mike Rodenbaugh

WHEREAS,
The Inter-Registrar Transfer Policy (IRTP) is an existing consensus
policy under review by the GNSO,

A GNSO group of volunteers assigned five PDP groupings to 19 identified
IRTP issues, based on a previously developed prioritized issues list,

Three additional issues were added to IRTP C based on recommendations
from the IRTP Denial Definitions WG and the Issues Report on
Post-Expiration Domain Name Recovery,

The IRTP Part A WG has recommended combining the issues outlined under
PDP B and some of the issues outlined under PDP C into one PDP B in
order to be more efficient and hopefully reduce the overall timeline for
addressing all the IRTP PDPs,

The GNSO Council retains the option to address the issues outlined below
in one PDP or two separate PDPs following the completion of the issues
report,

RESOLVED, 
Pursuant to section 1.b of Annex A of ICANN's Bylaws, that the GNSO
Council requests the creation of an issues report on the following
issues:

a) Whether a process for urgent return/resolution of a domain name
should be developed, as discussed within the SSAC hijacking report
(http://www.icann.org/announcements/hijacking-report-12jul05.pdf; see
also http://www.icann.org/correspondence/cole-to-tonkin-14mar05.htm).
(Issue #2)

b) Whether additional provisions on undoing inappropriate transfers are
needed, especially with regard to disputes between a Registrant and
Admin Contact. The policy is clear that the Registrant can overrule the
AC, but how this is implemented is currently at the discretion of the
registrar. (Issue #7)

c) Whether special provisions are needed for a change of registrant near
a change of registrar. The policy does not currently deal with change of
registrant, which often figures in hijacking cases. (Issue #9)

d) Whether standards or best practices should be implemented regarding
use of Registrar Lock status (e.g., when it may/may not, should/should
not be applied). (Issue #5)

e) Whether, and if so, how best to clarify denial reason #7: A domain
name was already in "lock status" provided that the Registrar provides a
readily accessible and reasonable means for the Registered Name Holder
to remove the lock status. (Recommendation from the IRTP Denials WG)

(Note: The issue numbers included above refer to the original numbering 
in the Transfers Working Group list. Issues a to c form the original 
PDP B, while issue d comes from the original PDP C.)

Notwithstanding section 2 of Annex A of the Bylaws, and in 
recognition of Staff's current workload, Council requests that Staff
complete the issues report and delivers it to the Council by 16 May or
reports on its progress by that date with a target date for completion.

In favour: 24 votes.

Philip Sheppard, Cyril Chua, Tony Harris, Tony Holmes, William Drake, Avri 
Doria, Olga Cavalli, Terry Davis ( one vote each)
Chuck Gomes, Tim Ruiz, Stéphane van Gelder (two votes each)

Absentee ballots received from
Greg Ruth, Mike Rodenbaugh, Zahid Jamil, Kristina Rosette, Carlos Souza, Ute 
Decker (one vote each)
Jordi Iparraguirre, Edmon Chung (two votes each)

2 councillors did not cast votes counting for 3 votes
One vote was received after the vote closed.
One councilor did not vote
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Let me know if you have any questions.

Thank you.
kind regards,

Glen

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