[council] GNSO Council resolutions 28 April 2011

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,



Ahead of the official Council minutes, please find the resolutions passed at 
the GNSO Council meeting on Thursday, 28 April 2011.



Please let me know if you have any questions.

Thank you.



Kind regards,

Glen



1.    WHOIS Motion

Whereas:

In October 2007, the GNSO Council concluded that a comprehensive and objective 
understanding of key factual issues regarding the gTLD WHOIS system would 
benefit future GNSO policy development efforts 
(http://gnso.icann.org/resolutions/).

Before defining study details, the Council solicited suggestions from the 
community for specific topics of study on WHOIS. Suggestions were submitted 
(http://forum.icann.org/lists/WHOIS-comments-2008/) and ICANN staff prepared a 
'Report on Public Suggestions on Further Studies of WHOIS', dated 25-Feb-2008 
(http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25feb08.pdf).



On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study Working Group to 
develop a proposed list, ifany, of recommended studies for which ICANN staff 
would be asked to providecost estimates to the Council 
(http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml).



The WHOIS Study WG did not reach consensus regarding further studies, and on 
25-Jun-2008 the GNSO Council resolved to form a new WHOIS Hypotheses working 
group to prepare a list of hypotheses from the 'Report on Public Suggestions on 
Further Studies of WHOIS' and the GAC letter on WHOIS studies 
(http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The WG 
reported to the Council on 26-Aug-2008. 
(https://st.icann.org/Whois-hypoth-wg/index.cgi?Whois_hypotheses_wg#Whois_study_hypotheses_wg_final_report).



On 5-Nov-2008, the Council convened a group of Councilors and constituency 
members to draft a resolution regarding studies, if any, for which cost 
estimates should be obtained. TheWhois Study Drafting Team further consolidated 
studies including those from the GAC 
(http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The Team 
determined that the six studies with the highest average priority scores should 
be the subject of further research to determine feasibility and obtain cost 
estimates.

On 04-Mar-2009, Council requested Staff to conduct research on feasibility and 
cost estimates for selected Whois studies and report its findings to Council. 
(See Motion 3, http://gnso.icann.org/resolutions/#200903).



On 23-Mar-2010, Staff presented a report on the feasibility and cost estimates 
for the Whois "Misuse" and Whois "Registrant Identification" Studies, finding 
that each study would cost approximately $150,000 (USD)  and take approximately 
one year to complete. 
(http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en.pdf).
 The Whois Registrant Identification study would gather info about how 
business/commercial domain registrants are identified, and correlate such 
identification with the use of proxy/privacyservices.

The ICANN Board approved in Brussels a FY2011 budget that includes at least 
$400,000 (USD) for WHOIS studies (see 
http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#8).

On 8-September-2010 the GNSO Council approved a resolution requesting staff to 
proceed with the Whois "Misuse" Study, which would explore the extent to which 
publicly displayed WHOIS data is misused, 
http://gnso.icann.org/resolutions/#201009.



On 5-October-2010, staff provided feasibility and cost analysis for a Whois 
Privacy and Proxy "Abuse" study, 
http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct10-en.pdf.
 This study would compare broad sample of domains registered with a proxy 
orprivacy service provider that are associated with alleged harmful acts 
withoverall frequency of proxy and privacy registrations. This study was 
estimated to cost $150,000 (USD) and take less than a year to complete.



On 11-February-2011, staff provided a feasibility and cost analysis for a Whois 
Proxy and Privacy "Relay and Reveal" study, 
http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11feb11-en.pdf,
 which would analyze relay and reveal requests sent for Privacy and 
Proxy-registered domains to explore and document how they are processed. The 
staff analysis concluded that it was premature to conduct a full study, and 
recommended that a pre-study "survey" be conducted first, to determine if 
launching a full study is feasible to do.



Resolved:



Council defers consideration of the WHOIS Registrant Identification Study until 
the 9 June 2011 meeting and requests that any applicable motions in that regard 
be submitted not later than 1 June 2011.



Further resolved, that the Council requests ICANN staff amend the study to 
include the RySG proposed changes

http://gnso.icann.org/issues/whois/whois-study-recommendations-rysg-29mar11-en.pdf
 and to proceed with the Whois Privacy and Proxy "Abuse" study, as described in 
staff's 5-October-2010 report as amended, using the vendor selection process 
described in that same report, 
http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct10-en.pdf.



Further resolved, that the Council requests ICANN staff to proceed with the 
Whois Privacy and Proxy "Relay and Reveal" pre-study survey, as proposed in 
staff's 11-February-2011 report, 
http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11feb11-en.pdf.



Further resolved, that the Council request that the Board authorize additional 
funding for FY 2012 for Whois studies, to make up any shortfall of $130,000 
(USD) between the amount of "at least $400,000" (USD)  that was allocated for 
Whois studies in FY 2011 (and remains unspent), and the total amount needed to 
conduct the Whois Misuse Study ($150,000) (USD); the Whois Registrant 
Identification Study ($150,000) (USD) if subsequently approved; the 
Proxy/Privacy "Abuse" Study ($150,000) (USD); and the Proxy and Privacy 
"Pre-study" ($80,000) (USD), total of $530,000 (USD).



Further resolved, in recognition that there is a substantial amount of 
coordination needed to direct this research, that staff be given the discretion 
to manage the studies serially or in parallel, with a goal of expediting 
completion of the studies as efficiently as possible.





2.    Motion to terminate the Policy Process Steering Committee



WHEREAS, in October 2008, the GNSO Council established a framework (see GNSO 
Council Improvement Implementation Plan;

(http://www.icann.org/en/topics/gnso-improvements/gnso-improvements-implementation-plan-16oct08.pdf)
 for implementing the various GNSO Improvements identified and approved by the 
ICANN Board of Directors on 26 June 2008

(http://www.icann.org/en/minutes/resolutions-26jun08.htm#_Toc76113182)

(http://www.icann.org/en/minutes/resolutions-26jun08.htm);



WHEREAS, that framework included the formation, in January 2009, of two 
Steering Committees, the Operations Steering Committee (OSC) and the Policy 
Process Steering Committee (PPSC), to charter and coordinate the efforts of 
five community work teams in developing specific recommendations to implement 
the improvements;



WHEREAS, the PPSC established two work teams, including the Working Group Work 
Team (WG WT), which was chartered to develop a new GNSO Working Group Model 
that improves inclusiveness, improves effectiveness, and improves efficiency, 
and the Policy Development Process Work Team (PDP WT), which was chartered to 
make recommendations concerning the development of and transition to a new PDP;



WHEREAS the WG WT has already completed its tasks;



WHEREAS the PDP WT has worked diligently to develop the proposed new GNSO 
Policy Development Process and expects to deliver a final report soon;



WHEREAS submitting the PDP-WT report to the PPSC would add additional delay to 
the completion and approval of the new GNSO PDP;



WHEREAS a Standing Committee for Improvement Implementation (SCI) has been 
created and will be responsible for reviewing and assessing the effective 
functioning of recommendations provided by the Operational Steering Committee 
(OSC) and Policy Process Steering Committee (PPSC).



NOW THEREFORE, BE IT:



RESOLVED, the GNSO Council hereby terminates the Policy Process Steering 
Committee (PPSC) and expresses its gratitude and appreciation to the PPSC for 
their dedication and commitment.



RESOLVED, the GNSO Council requests the Charter of the PDP-WT to be updated 
from 'the Policy Development Process Team shall be responsible for making 
recommendations concerning the development of and transition to a new PDP for 
PPSC review' to 'the Policy Development Process Team shall be responsible for 
making recommendations concerning the development of and transition to a new 
PDP for the GNSO Council's review'.



RESOLVED FURTHER, the GNSO Council hereby instructs the SCI to amend its 
charter approved by the GNSO Council on April 7, 2011 (see 
http://gnso.icann.org/resolutions/#201104) to include "recommendations provided 
by the PDP-WT as approved by the GNSO Council" in addition to those recommended 
by the OSC and PPSC as approved by the GNSO Council.



3.    Motion re: Public Comments on Global Outreach Recommendations



WHEREAS, in October 2008, the GNSO Council established a framework for 
implementing the various GNSO Improvements at: 
http://www.icann.org/en/minutes/resolutions-26jun08.htm identified and approved 
by the ICANN Board of Directors on 26 June 2008;



WHEREAS, that framework included the formation, in January 2009, of two 
Steering Committees, the Operations Steering Committee (OSC) and the Policy 
Process Steering Committee (PPSC), to charter and coordinate the efforts of 
five community work teams in developing specific recommendations to implement 
the improvements;



WHEREAS, the OSC established three work teams, including the Constituency and 
Stakeholder Group Operations Work Team, which were chartered to focus on 
specific operational areas addressed in the BGC Report recommendations at: 
http://www.icann.org/topics/gnso-improvements/gnso-improvements-report-03feb08.pdf;



WHEREAS, one of the recommendations in BGC Report was to develop and implement 
a targeted outreach program to explore the formation of new constituency groups;



WHEREAS, the Constituency and Stakeholder Group Operations Work Team (CSG-WT) 
was tasked with developing the recommendations on a global outreach program and 
submitted the document to the OSC for consideration on 21 January 2011;



WHEREAS, the OSC submitted to the GNSO Council on 14 February 2011 the document 
"Recommendations to Develop a Global Outreach Program to Broaden Participation 
in the GNSO" at: 
http://gnso.icann.org/drafts/global-outreach-recommendations-21jan11-en.pdf;



WHEREAS, the OSC recommendations describe a global outreach strategy to 
relevant members of the public, particularly non-English speakers and those 
from developing countries/regions; and for development of global outreach 
programs aimed at increasing participation both from current members of the 
ICANN community as well as potential members, particularly non-English speakers;



WHEREAS, on 24 February 2011 the GNSO Council acknowledged receipt of the 
document by the OSC and directed staff to post the document for forty-five (45) 
days in the ICANN Public Comment Forum at: 
http://www.icann.org/en/public-comment/#gnso-outreach;



WHEREAS, ICANN Staff produced a Summary and Analysis document of the four 
comments received and posted it in the Forum at: 
http://www.icann.org/en/public-comment/#gnso-outreach.



NOW THEREFORE, BE IT:



RESOLVED, that the GNSO Council directs the OSC to ask the CSG-WT to review the 
Summary and Analysis document as well as the comments and make any changes to 
the proposed recommendations as are deemed appropriate, or to make those 
changes directly as it sees fit.







Glen de Saint Géry

GNSO Secretariat

gnso.secretariat@xxxxxxxxxxxxxx

http://gnso.icann.org