[council] Proposed Agenda for the GNSO Council Public Meeting in Durban 17 July 2013

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Proposed Agenda for the GNSO Council Public Meeting in Durban 17 July 2013
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/op-procedures-13jun13-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 13:00UTC<http://tinyurl.com/bojlrbx>
http://tinyurl.com/k27b5c7

Coordinated Universal Time 13:00 UTC
06:00 Los Angeles; 09:00 Washington; 14:00 London; 15:00 Paris; 01:00 
Wellington next day

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 Public Forum

15h00 - 16h00 (Durban)

Presentations by Stakeholder Groups and Constituency Leaders

 *   Commercial and Business Users Constituency (BC) - Elisa Cooper
 *   Registries Stakeholder Group(RySG) - Keith Drazek
 *   Registrars Stakeholder Group (RrSG) - Michele Neylon
 *   Internet Service Providers and Connectivity Providers  (ISPCP) - Tony 
Holmes
 *   Intellectual Property Constituency (IPC) -  Kristina Rosette
 *   Not-for-Profit Operational Concerns Constituency (NPOC) -Marie-Laure 
lemineur
 *   Non Commercial Users Constituency (NCUC) - Bill Drake
16h00 (Durban) Onwards
Item 1: Administrative matters
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:
Draft Minutes of the GNSO Council meeting 13 July 
2013<http://gnso.icann.org/en/meetings/minutes-council-13jun13-en.htm> approved 
on 10 July 2013.


Item 2: Opening Remarks from Chair
Review focus areas and provide updates on specific key themes / topics
Include review of Projects 
List<http://gnso.icann.org/meetings/projects-list.pdf> and Action 
List<https://community.icann.org/display/gnsocouncilmeetings/Action+Items>.
Comments or questions arising.

Item 3: Consent agenda
TBC
Item 4: MOTION - To adopt the charter for the Policy & Implementation Working 
Group

The issue regarding the boundary between policy development and implementation 
work has been a discussion point for some time and it has been a central theme 
in the execution of the new gTLD programme. In addition, the Council has been 
asked to consider issues for policy guidance and may well need to look at the 
evolution of its own work and processes to accommodate this type of request in 
future.

ICANN Staff has previously published a 
paper<http://gnso.icann.org/en/correspondence/policy-implementation-framework-08jan13-en.pdf>
 intended to facilitate further community discussions on this topic.  Further 
community discussion took place in Beijing and the Council agreed to form a 
drafting team to develop a charter for a Working Group to address the issues 
that have been raised in the context of the recent discussions on policy and 
implementation that affect the GNSO.

This motion seeks to conclude the work of the Drafting Team by adopting the 
proposed charter for the Policy & Implementation Working Group.

4.1 Reading of the motion (Wolf-Ulrich Knoben)
4.2 Discussion of motion.
4.3 Vote (Threshold: simple majority in each house 50% i.e. 4 CPH 7 NCPH)

Item 5: MOTION - On ICANN Bylaw recommendation

The work undertaken to deal with the most recent Reconsideration Request (13-3) 
highlighted the point that there is no currently defined policy or process 
within ICANN that requires the Board of ICANN or the ICANN staff to consult 
with the GNSO Council if the Board or staff is acting in contravention to a 
statement made by the GNSO Council outside of the policy development process 
(PDP).

This motion recognises this point and seeks to recommend to the ICANN Board, a 
change to the bylaws of ICANN to mandate such consultation in future.

5.1 Reading of the motion (Jeff Neumann)
5.2 Discussion of motion.
5.3 Vote (Threshold: simple majority in each house 50% i.e. 4 CPH 7 NCPH)

Item 6: UPDATE AND DISCUSSION - Proposed GNSO Council Letter on IDN Variants

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<http://www.icann.org/en/resources/idn/variant-tlds/active-ux-21mar13-en.pdf>'
 (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)     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


On 30 June 2013, a letter was sent to the ICANN Board confirming that this work 
was being undertaken within the JIG (Joint ccNSO-GNSO IDN Group) and that a 
response for consideration by the GNSO Council as well as the ccNSO Council 
would be tabled at the ICANN meeting in Durban. Accordingly, an extension of 
deadline to 19 July 2013 was requested.



Here, we review the proposed response, in the form of a letter from the Chair 
of the GNSO Council to the ICANN Board and give consideration to approving such 
a letter.



http://gnso.icann.org/en/node/40023

6.1 Discussion
6.2 Next steps

Item 7: DRAFT MOTION - Locking of a Domain Name subject to UDRP Proceedings - 
Draft Motion

The "locking" of a domain name registration associated with UDRP proceedings is 
not something that is literally required by the UDRP as written, but is a 
practice that has developed around it. As a result, there is no uniform 
approach, which has resulted in confusion and misunderstandings. The GNSO 
Council initiated a PDP on this specific topic in December 2011 and tasked the 
WG to make recommendations to the GNSO Council to address the issues identified 
with the locking of a domain name subject to UDRP Proceedings.

The PDP Working Group has now submitted its Final Report for GNSO Council 
consideration containing 17 full consensus recommendations (see 
http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf).

7.1 - Update as necessary
7.2 - Review draft motion
7.3 - Discussion
7.4 - Next steps

Item 8: DISCUSSION - Cross Community Working Groups

The GNSO has previously drafted a set of Principles on Cross Community working 
groups and circulated these widely for comment and input.

https://community.icann.org/pages/viewpage.action?pageId=30345124

In response to the GNSO Council request to provide feed-back from the broader 
community, a paper was adopted at the ccNSO Council meeting on 11 June 2013. 
The ccNSO Council looks forward to further dialogue on this topic.
8.1 - Review CCNSO paper
8.2 - Discussion
8.3 - Next steps

Item 9: DISCUSSION - Expert Working Group on gTLD Directory Services

The Expert Working Group on gTLD Directory Services has published its initial 
report.

http://www.icann.org/en/groups/other/gtld-directory-services/initial-report-24jun13-en.pdf

The EWG is seeking input prior to presenting a final report containing 
recommended design principles, features, and a suggested Model to ICANN's CEO 
and Board.

Further, the EWG have stated their expectation that upon conclusion of the 
EWG's deliberations, the Final Report will serve as a foundation for new gTLD 
policy and contractual negotiations, as appropriate. And; as specified by the 
Board, an issues report based on the Final Report will form the basis of a 
Board-initiated, tightly focused GNSO policy development process (PDP).

Recognition of the need to work within the framework of established GNSO 
operating principles has been emphasised in correspondence between the GNSO 
Council and the EWG.

All input received by August 12 will be carefully considered as the EWG 
finalise recommendations and bring their work to a conclusion. Therefore, the 
GNSO Council needs to decide what, if any, action is appropriate at this stage.

9.1 - Consider EWG Initial Report
9.2 - Discussion
9.3 - Next steps
Item 10:  Any Other Business (5 minutes)

Item 11: Open Microphone
ICANN Meetings are intended to maximise interaction within the broader 
community.  An open microphone session provides the opportunity for input from 
contributors other than GNSO Councillors and all such input is welcome in the 
form of questions, comments or suggestions.

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<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>