[council] Proposed Draft Agenda for the GNSO Council Meeting 20 December 2012 at 15:00 UTC

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,
Please find the proposed draft agenda below and posted on the Wiki page:
https://community.icann.org/display/gnsocouncilmeetings/Agenda+20+December+2012
Please be aware that this agenda is subject to change, so please keep checking 
on the Wiki pages.
Proposed Draft Agenda for the GNSO Council Meeting 20 December 2012

This agenda was established according to the GNSO Council Operating Procedures 
approved 13 September 2012 for the GNSO Council and updated.
http://gnso.icann.org/en/council/gnso-operating-procedures-13sep12-en.pdf
For convenience:

 *   An excerpt of the ICANN Bylaws defining the voting thresholds is provided 
in Appendix 1 at the end of this agenda.
 *   An excerpt from the Council Operating Procedures defining the absentee 
voting procedures is provided in Appendix 2 at the end of this agenda.
Meeting Times 15:00 UTC<http://tinyurl.com/bojlrbx>
http://tinyurl.com/bz42k3j

Coordinated Universal Time 15:00 UTC
07:00 Los Angeles; 10:00 Washington; 15:00 London; 16:00 Paris; 04:00 Wellington
Dial-in numbers will be sent individually to Council members. Councilors should 
notify the GNSO Secretariat in advance if a dial out call is needed.
GNSO Council meeting audio cast
http://stream.icann.org:8000/gnso.m3u
Item 1: Administrative matters (10 minutes)
1.1  Roll Call
1.2  Statement of interest updates
1.3  Review/amend agenda
1.4  Note the status of minutes for the previous Council meeting per the GNSO 
Operating Procedures:
Minutes of the GNSO Council meeting 15 November 
2012<http://gnso.icann.org/en/meetings/minutes-council-15nov12-en.htm> were 
approved effective  29 November 2012.
1.5  GNSO Pending Projects List
http://gnso.icann.org/meetings/pending-projects-list.pdf

 *   Review main changes.
 *   Comments and/or questions.
Item 2: Opening Remarks from Chair (5 minutes)
Review focus areas and provide updates on specific key themes / topics
Item 3: Consent agenda (5 minutes)
Approval of the modified GNSO Operating Procedures which have been updated to 
reflect the changes recommended by the Standing Committee on GNSO Improvements 
Implementation (SCI) to address the suspension of a Policy Development Process 
(PDP)



Item 4: MOTION - Second Level Protections for certain International Olympic 
Committee/Red Cross Red Crescent (IOC / RCRC) names in the first round of New 
GTLDs (10 minutes)


The IOC/RC Drafting Team has forwarded its recommendations i.e. that the GNSO 
Council recommend to the Board that it adopt the IOC/RC Drafting Team's 
recommendations http://tinyurl.com/atl39y4: providing for temporary reservation 
of the exact match IOC/RC names at the second level, prior to the delegation of 
the first round of new gTLDs. The GNSO Council is now asked to consider 
approval of the motion, and the next steps for informing the Board about the 
GNSO Council vote.
Note: On 26 November 2012, the Board's New gTLD Program Committee adopted a 
resolution providing that "restrictions for registration of RCRC and IOC names 
for new gTLDs at the second level will be in place until such time as a policy 
is adopted that may require further action."

Refer to motion 1
http://tinyurl.com/atl39y4:

4.1 Reading of the motion (Brian Winterfeldt).
4.2 Discussion of motion and next steps.
4.3 Vote (Standard threshold: simple majority of each house).

Item 5: MOTION - Consumer Trust (10 minutes)

The GNSO's Consumer Choice, Trust, and Competition WG has worked on an Advice 
Letter<http://gnso.icann.org/en/issues/cctc/cctc-final-advice-letter-05dec12-en.pdf>
 for consideration by ICANN Supporting Organisations and Advisory Committees.  
Following withdrawal of the motion from the October Meeting, a revised Advice 
Letter has been prepared and the GNSO Council is now asked to consider and 
approve this revised Advice Letter.

Refer to motion 2:
http://tinyurl.com/atl39y4:

5.1 Reading of the motion (John Berard).
5.2 Discussion of motion and next steps.
5.3 Vote (Standard threshold: simple majority of each house).

Item 6: UPDATE - Trademark Clearinghouse (TMCH) Strawman Proposal and Defensive 
Registrations Discussion (20 Minutes)
ICANN's CEO has requested GNSO Council input on the Strawman 
Proposal<http://gnso.icann.org/en/correspondence/chehade-to-robinson-04dec12-en.pdf>
  recently developed through the TMCH related implementation discussions, that 
has been posted for public comment 
http://www.icann.org/en/news/announcements/announcement-30nov12-en.htm .    
ICANN's CEO additionally requested Council input on the joint proposal from the 
Business Constituency/Intellectual Property Constituency (BC/IPC) for a 
"limited preventative registration mechanism" which is also currently available 
for public comment.   Related to this discussion is the Staff briefing paper 
http://gnso.icann.org/en/node/32287 to the GNSO Council on the topic of 
defensive registrations at the second level, in response to a previous request 
from the New GLTD Committee (2012.04.10.NG2).  The New GTLD Committee requested 
the GNSO to consider whether additional work on defensive registrations at the 
second level should be undertaken.  The Council is to discuss: (i) a response 
to the ICANN CEOs request, and (ii) to consider whether to undertake any 
additional work related to the BC/IPC proposal and/or the Staff briefing paper, 
on the topic of second level defensive registrations.
6.1          Update from Staff (Brian Peck)
6.2          Discussion
6.3          Next Steps

Item 7: UPDATE - Response to the GAC Letter (15 minutes)

The GAC has sent a 
letter<http://gnso.icann.org/en/correspondence/dryden-to-robinson-28nov12-en.pdf>
  to the GNSO Council with regard to the initiation of a PDP on the IGO/INGO 
issue, and specifically requesting a rationale for undertaking a PDP i.e. an 
explanation as to why GNSO believes this issue should be evaluated through a 
PDP rather than simply executed as an implementation process. This letter and 
recent activities related to work on the Trademark Clearinghouse, highlights a 
broader issue regarding the boundary between policy development and 
implementation work as well as the effective integration of policy development 
and integration work from the outset.
This is a discussion item.
7.1 Update
7.2 Discussion
7.3 Next steps
Item 8: UPDATE - ATRT2 Developments (5 minutes)

The call for applicants to serve on the next Accountability and Transparency 
Review Team (ATRT) has been extended until 14 January 2013.  (See: 
http://www.icann.org/en/news/announcements/announcement-03dec12-en.htm ).   An 
update on the process and next steps to provide GNSO Council endorsements of 
applicants will be provided.

This is a discussion item.
8.1 Update (Wolfe-Ulrich Knoben)
8.2 Discussion
8.3 Next steps
Item 9: UPDATE -  Next Steps-  WHOIS Board Resolution (10 minutes)

On November 8, the ICANN Board adopted a resolution 
http://www.icann.org/en/groups/board/documents/resolutions-08nov12-en.htm  
which directed the CEO to launch a new effort to redefine the purpose of 
collecting, maintaining and providing access to gTLD registration data, and 
consider safeguards for protecting data, as a foundation for new gTLD policy 
and contractual negotiations, as appropriate.  The resolution also directed 
preparation of an Issue Report on the purpose of collecting and maintaining 
gTLD registration data, and on solutions to improve accuracy and access to gTLD 
registration data, as part of a Board-initiated GNSO policy development 
process.  Staff will provide an overview of the Board's resolution and the next 
steps for the GNSO Council and the ICANN community.

This is a discussion item.

9.1 Update
9.2 Discussion
9.3 Next steps
Item 10: INFORMATION - GNSO Council Review and SIC Update (15 minutes)
In Toronto, the Chair of the SIC provided an overview of a new framework for 
future independent review efforts at ICANN.  The GNSO was used as a case study 
to describe the effort because it is the first Supporting Organization lined-up 
in the next review cycle. Staff will brief the Council on the set of criteria 
metrics for GNSO Stakeholder Groups and Constituencies, and the work underway 
to develop metrics for the Council and the Working Group Model of policy.
10.1          Update from Staff (Rob Hogarth)
10.2          Discussion
10.3          Next Steps

Item 11:  Any Other Business (5 minutes)
11.1 Liaison to ccNSO - John Berard volunteered - approve
Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3)
9. Except as otherwise specified in these Bylaws, Annex A hereto, or the GNSO 
Operating Procedures, the default threshold to pass a GNSO Council motion or 
other voting action requires a simple majority vote of each House. The voting 
thresholds described below shall apply to the following GNSO actions:
a. Create an Issues Report: requires an affirmative vote of more than 
one-fourth (1/4) vote of each House or majority of one House.
b. Initiate a Policy Development Process ("PDP") Within Scope (as described in 
Annex A<http://www.icann.org/en/about/governance/bylaws#AnnexA>): requires an 
affirmative vote of more than one-third (1/3) of each House or more than 
two-thirds (2/3) of one House.
c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO 
Supermajority.
d. Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative 
vote of more than one-third (1/3) of each House or more than two-thirds (2/3) 
of one House.
e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an 
affirmative vote of a GNSO Supermajority.
f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved 
under d. or e. above, the GNSO Council may approve an amendment to the Charter 
through a simple majority vote of each House.
g. Terminate a PDP: Once initiated, and prior to the publication of a Final 
Report, the GNSO Council may terminate a PDP only for significant cause, upon a 
motion that passes with a GNSO Supermajority Vote in favor of termination.
h. Approve a PDP Recommendation Without a GNSO Supermajority: requires an 
affirmative vote of a majority of each House and further requires that one GNSO 
Council member representative of at least 3 of the 4 Stakeholder Groups 
supports the Recommendation.
i. Approve a PDP Recommendation With a GNSO Supermajority: requires an 
affirmative vote of a GNSO Supermajority,
j. Approve a PDP Recommendation Imposing New Obligations on Certain Contracting 
Parties: where an ICANN contract provision specifies that "a two-thirds vote of 
the council" demonstrates the presence of a consensus, the GNSO Supermajority 
vote threshold will have to be met or exceeded.
k. Modification of Approved PDP Recommendation: Prior to Final Approval by the 
ICANN Board, an Approved PDP Recommendation may be modified or amended by the 
GNSO Council with a GNSO Supermajority vote.
l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council 
members of each House, or (b) three-fourths (3/4) of one House and a majority 
of the other House."
Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 
4.4<http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>)
4.4.1 Applicability
Absentee voting is permitted for the following limited number of Council 
motions or measures.
a. Initiate a Policy Development Process (PDP);
b. Approve a PDP recommendation;
c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws;
d. Fill a Council position open for election.
4.4.2 Absentee ballots, when permitted, must be submitted within the announced 
time limit, which shall be 72 hours from the meeting's adjournment. In 
exceptional circumstances, announced at the time of the vote, the Chair may 
reduce this time to 24 hours or extend the time to 7 calendar days, provided 
such amendment is verbally confirmed by all Vice-Chairs present.
4.4.3 The GNSO Secretariat will administer, record, and tabulate absentee votes 
according to these procedures and will provide reasonable means for 
transmitting and authenticating absentee ballots, which could include voting by 
telephone, e- mail, web-based interface, or other technologies as may become 
available.
4.4.4 Absentee balloting does not affect quorum requirements. (There must be a 
quorum for the meeting in which the vote is initiated.)
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Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org