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Re: [council] RE: Updated Council agenda for GNSO Council Meeting - 13 June 2013 at 11:00 UTC.


Dear Jonathan,

I should have clarified.  I mean for this to be scheduled for Durban, not 
tomorrow.  On issues of interest I think the extent of applicability of the Ry 
Agreement to brand TLDs and also the notion of unilateral changes by ICANN may 
be just a couple.  We hear a lot about circumvention of the GNSOs role and the 
latter may make for interesting discussion.



Best regards, 

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 35680760 / 35685276 / 35655025
Fax: +92 21 35655026
www.jamilandjamil.com

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Sent from my iPad

On 12 Jun 2013, at 13:19, "Jonathan Robinson" <jrobinson@xxxxxxxxxxxx> wrote:

> Thanks Zahid,
>  
> Two points / questions:
>  
> 1.       We do not have this currently scheduled for discussion.  Where did 
> you anticipate we might cover this topic?
> 2.       Please can you be more specific as to:
> a.       Where there may be concerns or issues?
> b.      Why these are within the purview of the Council?
>  
> Jonathan
>  
> From: Zahid Jamil [mailto:zahid@xxxxxxxxx] 
> Sent: 12 June 2013 07:03
> To: <jrobinson@xxxxxxxxxxxx>
> Cc: Neuman, Jeff; Glen de Saint Géry; GNSO Council List
> Subject: Re: [council] RE: Updated Council agenda for GNSO Council Meeting - 
> 13 June 2013 at 11:00 UTC.
>  
> I support Jeff's observations.  
>  
> Also on a separate but related note would suggest we ensure we have the 
> relevant person in staff be available for a discussion focused on the new 
> Registry Agreement quite separate from a new gTLD update. I think there may 
> be issues to which some may wish to get answers.  
> 
>  
>  
> Best regards, 
>  
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
> 219-221 Central Hotel Annexe
> Merewether Road, Karachi. Pakistan
> Cell: +923008238230
> Tel: +92 21 35680760 / 35685276 / 35655025
> Fax: +92 21 35655026
> www.jamilandjamil.com
>  
> Notice / Disclaimer
> This message contains confidential information and its contents are being 
> communicated only for the intended recipients . If you are not the intended 
> recipient you should not disseminate, distribute or copy this e-mail. Please 
> notify the sender immediately by e-mail if you have received this message by 
> mistake and delete it from your system. The contents above may contain/are 
> the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute 
> privileged information protected by attorney client privilege. The 
> reproduction, publication, use, amendment, modification of any kind 
> whatsoever of any part or parts (including photocopying or storing it in any 
> medium by electronic means whether or not transiently or incidentally or some 
> other use of this communication) without prior written permission and consent 
> of Jamil & Jamil is prohibited.
>  
> Sent from my iPad
> 
> On 12 Jun 2013, at 00:09, "Jonathan Robinson" <jrobinson@xxxxxxxxxxxx> wrote:
> 
> Thanks Jeff,
>  
> The current times are not too accurate as what may or not be required in 
> terms of discussion
> 
> I am more than willing to revise.  I will await any other input and then 
> republish with revised times.
>  
> Jonathan
>  
>  
>  
> From: Neuman, Jeff [mailto:Jeff.Neuman@xxxxxxxxxx] 
> Sent: 11 June 2013 19:45
> To: 'Glen de Saint Géry'; 'GNSO Council List'
> Subject: [council] RE: Updated Council agenda for GNSO Council Meeting - 13 
> June 2013 at 11:00 UTC.
>  
> All,
>  
> I think the discussion time for the Reconsideration request is way too 
> limited and we need (in my view) to have MUCH more time discussing that 
> subject.  Can I request that we shorten the remarks of the chair to 5 minutes 
> (Sorry Jonathan), and then move item 4 to the consent agenda would give us 
> another 15 minutes.  What is the action item on the call for GNSO Review?  We 
> have allocated 15 minutes to confirm whether we should set up a group to 
> discuss this issue?
> 
> Finally, I am not sure that we should spend actual Council time talking about 
> the “Planning for Durban.”  I personally think we should establish a meetings 
> subcommittee to help the vice chairs in planning for meetings and then 
> perhaps solicit other opinions on e-mail.  If we have to use Council time for 
> these things, then perhaps we need to have additional special meetings that 
> are topic specific.
> 
> I believe we are at a cross-roads here for the GNSO and the whole bottom-up 
> process.  We need to devote the appropriate amount of time to discussing the 
> ramifications and take ownership of the role that the Council and the 
> Community are supposed to play.
>  
> I ask therefore that we commit 45 minutes at a minimum to this topic. 
> 
> Thanks.
>  
> From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
> Behalf Of Glen de Saint Géry
> Sent: Tuesday, June 11, 2013 1:17 PM
> To: GNSO Council List
> Subject: [council] Updated Council agenda for GNSO Council Meeting - 13 June 
> 2013 at 11:00 UTC.
>  
> Dear All,
>  
> Please find the updated Council agenda for GNSO Council Meeting – 13 June 
> 2013 at 11:00 UTC.
> 
> The wording of the motion in Item 4 has been adjusted.
> In Item 5, the second paragraph now reads:
> Contrary to its initial recommendation, Staff now recommends that a PDP be 
> initiated as it is expected that the work of this PDP will helpfully inform 
> the deliberations of other efforts that are looking into gTLD registration 
> data services such as the Expert Working Group (EWG) and the subsequent PDP.
>  
> Thank you.
> Kind regards,
>  
> Glen
> 
> https://community.icann.org/display/gnsocouncilmeetings/Agenda+13+June+2013
> http://gnso.icann.org/en/meetings/agenda-council-13jun13-en.htm
> 
> the motions are published on page:
> https://community.icann.org/display/gnsocouncilmeetings/Motions+13+June+2013
> 
> This agenda was established according to the GNSO Council Operating 
> Procedures approved 16 May 2013 for the GNSO Council and updated.
> http://gnso.icann.org/en/council/gnso-operating-procedures-16may13-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 11:00 UTC
> http://tinyurl.com/qajy5ap
> 
> Coordinated Universal Time 11:00 UTC
> 04:00 Los Angeles; 11:00 Washington; 12:00 London; 13:00 Paris; 23:00 
> 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.
> 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 16 May 2013 posted as approved on 30 May 
> 2013
> Item 2: Opening remarks from the Chair (10 minutes)
> Review focus areas and provide updates on specific key themes / topics
> Include brief review of Projects List and Action List
> Item 3: Consent agenda ([0] minutes)
> TBC.
> 
> Item 4: MOTION – to Adopt Proposed Modification of the GNSO Operating 
> Procedures Concerning the Deadline for the Submission of Reports and Motions 
> (10 minutes)
> The GNSO Council has determined that the language concerning the deadline for 
> the submission of reports and motions in the current GNSO Operating 
> Procedures lacks clarity.  The GNSO Council proposes a modification of the 
> GNSO Operating Procedures that reports and motions should be submitted to the 
> GNSO Council for inclusion on the agenda as soon as possible, but no later 
> than 23h59 Coordinated Universal Time (UTC) on the day, 10 calendar days 
> before the GNSO Council meeting.
> 
> Link to motion
> https://community.icann.org/display/gnsocouncilmeetings/Motions+13+June+2013
> 4.1 Reading of the motion (Wolf-Ulrich Knoben)
> 4.2 Discussion of motion.
> 4.3 Vote (Threshold: Simple majority of Both 4 CPH, 7 NCPH).
> 
> Item 5: MOTION - Initiation of a Policy Development Process (PDP) on the 
> Translation and Transliteration of Contact Information (10 minutes)
> A Final Issue Report on the translation and transliteration of contact 
> information was submitted to the GNSO Council on 21 March 2013 (see 
> http://gnso.icann.org/en/library).
> Contrary to its initial recommendation, Staff now recommends that a PDP be 
> initiated as it is expected that the work of this PDP will helpfully inform 
> the deliberations of other efforts that are looking into gTLD registration 
> data services such as the Expert Working Group (EWG) and the subsequent PDP.
> Also, as recommended by the WHOIS Policy Review Team, the Final Issue Report 
> recommends that ICANN should commission a study on the commercial feasibility 
> of translation or transliteration systems for internationalized contact data, 
> which is expected to help inform the PDP Working Group in its deliberations;
> ICANN's General Counsel has confirmed that the topic is properly within the 
> scope of the ICANN policy process and within the scope of the GNSO.
> An overview of the Final Issue Report was provided in Beijing. Voting on this 
> motion was deferred at the GNSO Council Meeting of 16 May 2013. The Council 
> is now expected to consider whether or not to initiate a PDP.  
> 
> Motion
> https://community.icann.org/display/gnsocouncilmeetings/Motions+13+June+2013
> 5.1 Reading of the motion (Ching Chiao)
> 5.2 Discussion
> 5.3 Vote (Threshold: 33% of Both 3 CPH, 5 NCPH; OR 66% of ONE 5 CPH, 9 NCPH)
> Item 6: DISCUSSION – Reconsideration request from the Non-Commercial 
> Stakeholder group relating to decision on the Trademark Clearinghouse (15 
> mins)
> On the 19th April 2013, the Non-Commercial Stakeholders Group submitted a 
> Reconsideration Request to the ICANN Board Governance Committee (BGC). On the 
> 16 May 2013, the BGC Recommendation on the Reconsideration Request was 
> published.  Concerns have been raised within the Council about:
> The nature of the response to this particular request.  Specifically in terms 
> of the arguments presented within the response and the perceived or actual 
> implications of these arguments on the workings of the multi-stakeholder 
> model.
> More generally about the effectiveness of the reconsideration process.
> The Council will consider the content of the recent Recommendation on the 
> Reconsideration Request and the discussion will focus not on the outcome of 
> the Reconsideration Request but rather on the arguments presented and any 
> potential implications for the GNSO and the multi-stakeholder model.
> Item 7: DISCUSSION – Forthcoming reviews of the GNSO and GNSO Council (15 
> mins)
> As part of a periodic review process that is built into the ICANN model, both 
> the GNSO Council and the GNSO will come up for ICANN Board initiated review.  
> In order to be effectively prepared for these reviews, it was proposed in 
> Beijing that a group be formed to understand the issues and begin to take 
> appropriate next steps.  One key suggestion from Beijing was that any group 
> (such as the Council) being reviewed undertakes a form of self-review.
> Here the Council will confirm the intended course of action and provide input 
> into a draft call for volunteers for a non-PDP WG.
> Item 8: UPDATE & DISCUSSION – Report on User Experience Implications of 
> Active Variant TLDs & IDN Letter to the Board (10 mins)
> During its meeting in Beijing, the ICANN Board requested that, by 1 July 
> 2013, interested Supporting Organizations and Advisory Committees provide 
> staff with any input and guidance they may have to be factored into 
> implementation of the Recommendations from the Report on User Experience 
> Implications of Active Variant TLDs' (see 
> http://www.icann.org/en/groups/board/documents/prelim-report-11apr13-en.htm#2.a).
>  The Report on User Experience Implications of Active Variant TLDs examines 
> potential challenges from a user experience perspective when variants of IDN 
> TLDs are activated and offers recommendations to users to minimize risks and 
> optimize the implementation. 
>  
> Ideally, input is requested on:
> a)      Which recommendations if any, are pre-requisites to the delegation of 
> any IDN variant TLDs (i.e., delegation of IDN Variant TLDs should not proceed 
> until these recommendations are implemented),
> b)      Which recommendations, if any, can be deferred until a later time, and
> c)       c) Which recommendations, if any, require additional policy work by 
> the ICANN community and should be referred to the relevant stakeholder group 
> for further policy work
>  
> Furthermore, it was suggested that the GNSO Council should send a letter to 
> the Board highlighting the importance of IDN related issues. A first draft of 
> such letter was sent to the GNSO Council mailing list on 11/4 (see 
> http://gnso.icann.org/mailing-lists/archives/council/msg14489.html).
>  
> At the 16 may 2013 Council Meeting, the Council received a presentation on 
> the Report on User Experience Implications of Active Variant TLDs
> http://gnso.icann.org/en/correspondence/presentation-variant-tlds-ux-16may13-en.pdf
> 
> 8.1 Discussion
> 8.2 Next steps – Any additional action to be taken?
> 8.3 Update on letter to the Board (Ching Chiao)
> Item 9: UPDATE & DISCUSSION – Planning for Durban (20 minutes)
> Making the most out of the face-to-face meeting time available at the ICANN 
> Meeting in Durban will take planning.  GNSO Council VC Wolf-Ulrich Knoben is 
> working with staff to lead this effort.
> The Council has had the opportunity to feed into plans and provide input 
> based on past experience, including most recently in Beijing.  Included in 
> this item will be the opportunity to shape the topics and substance of the 
> Council’s proposed meetings with other groups in Durban such as the CCNSO, 
> the GAC and the ICANN board.
> 9.1 – Update (Wolf-Ulrich Knoben)
> 9.2 – Discussion
> 9.3 – Next steps
> Item 10: Any Other Business (5 minutes)
> 
> 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): 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)
> 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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> For other times see:
> http://tinyurl.com/qajy5ap
>  
> Glen de Saint Géry
> GNSO Secretariat
> gnso.secretariat@xxxxxxxxxxxxxx
> http://gnso.icann.org
>  


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