[council] Proposed Agenda for the GNSO Council Meeting on 1 September 2016

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,

Please find the proposed Agenda for the GNSO Council Meeting on 1 September 2016

Please note that all documents referenced in the agenda have been gathered on a 
Wiki page for convenience and easier access:
https://community.icann.org/display/gnsocouncilmeetings/Documents+1+September+2016
This agenda was established according to the GNSO Council Operating 
Procedures,<http://gnso.icann.org/en/council/op-procedures-24jun15-en.pdf> 
approved and updated on 24 June 2015.

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.

Coordinated Universal Time: 12:00 UTC
http://tinyurl.com/hbwu5tf

05:00 Los Angeles; 08:00 Washington; 13:00 London; 15:00 Istanbul; 22:00 Hobart

GNSO Council Meeting Audio Cast
To join the event click on the link: http://stream.icann.org:8000/gnso.m3u
Councilors should notify the GNSO Secretariat in advance if they will not be 
able to attend and/or need a dial out call.
Councilors should notify the GNSO Secretariat in advance if they will not be 
able to attend and/or need a dial out call.
___________________________________________

Item 1: Administrative matters (5 minutes)
1.1 - Roll call
1.2 - Updates to Statements of Interest
1.3 - Review/amend agenda.
1.4  - Note the status of minutes for the previous Council meetings per the 
GNSO Operating Procedures:

Minutes of the GNSO Council Meeting on 21 July 2016  to be approved on 27 
August 2016.

Item 2: Opening Remarks / Review of Projects & Action List (5 minutes)
2.1 - Review focus areas and provide updates on specific key themes / topics, 
to include review of Projects List 
<http://gnso.icann.org/meetings/projects-list.pdf> and Action 
List<https://community.icann.org/display/gnsocouncilmeetings/Action+Items>
Item 3: Consent agenda (5 minutes)
3.1 - Confirm dates for selection of GAC-GNSO liaison (motion passed on 30 June 
2016) based on updated ICANN57 meeting dates: 
https://community.icann.org/display/gnsocouncilmeetings/Motions+30+June+2016
Motion as passed, with dates to be updated highlighted as indicated below:
Resolved:

1. The GNSO Council hereby confirms the extension of the term of the current 
GNSO Liaison to the GAC, Mason Cole, until the end of the ICANN AGM in 
Hyderabad.
2. The GNSO Council instructs the GNSO Secretariat to inform the GNSO 
Stakeholder Groups and Constituencies of the extended selection timeline 
(Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider 
candidates and notify first choice - 20 OCT; Chairs submit motion to Council by 
29 OCT (change to 28 October) for consideration during Council meeting on 8 NOV 
(change to 7 November); GAC Leadership notified of new Liaison by 9 NOV).
Item 4: COUNCIL VOTE - Approval of Recommendations from the Standing Committee 
on GNSO Improvements (10 minutes)
In April 2015 the GNSO Council requested that the Standing Committee on GNSO 
Improvements (SCI) document the existing customary practices of the GNSO 
Council concerning (i) whether, how and by whom a properly submitted motion 
before the Council is to be seconded, and (ii) the treatment of proposed 
amendments to such motions as either "friendly" or "unfriendly". The Council's 
request also authorized the SCI to develop new processes for these practices if 
the SCI believed that the current practices are inappropriate. Separately, in 
November 2015, the GNSO Council requested that the SCI review Sections 2.2(b), 
(f) and (g) of the GNSO Operating Procedures with respect to, first, 
clarifying: (i) the eligibility of incoming Council members to run for the 
position of GNSO Chair; (ii) the start and end dates as well as the duration of 
the Chair and Vice-Chair terms in accordance with the ICANN Bylaws; and (iii) 
the timing of publication of the election results; and, secondly, recommending 
a general time table for election of the GNSO Chair.
In October 2015 and in accordance with the Council's April request, the SCI 
sent its documentation of the Council's practices on the seconding and 
amendment of motions to the Council (see 
https://gnso.icann.org/en/correspondence/aikman-scalese-vansnick-to-robinson-09oct15-en.pdf).
 Subsequently, the SCI reached Full Consensus on a proposal to codify the 
current customary practices in the GNSO Operating Procedures as a new Section 
3.3.3: Submitting, Seconding, and Amending Motions. With respect to its review 
of the rules governing the GNSO Chair and Vice-Chair elections, the SCI reached 
Full Consensus on modifications to Section 2.2 and a proposal for a new Section 
2.2.1: Procedures for a Situation Where a New GNSO Chair Has Not Been Elected 
by the End of the Previous Chair's Term in the GNSO Operating Procedures.
The SCI's proposals were published for public comment on 5 July 2016 
(https://www.icann.org/public-comments/gnso-op-procedures-2016-07-05-en). By 
the close of the public comment period on 14 August, two public comments had 
been received supporting the SCI's proposals 
(https://forum.icann.org/lists/comments-gnso-op-procedures-05jul16/). Here the 
Council will consider whether or not to approve the SCI's recommendations for 
modifying the GNSO Operating Procedures as proposed.
4.1 - Presentation of the motion<https://community.icann.org/x/FQObAw> (Amr 
Elsadr)
4.2 - Discussion
4.3 - Council vote (voting threshold: simple majority)

Item 5: COUNCIL VOTE - Adoption of Implementation Advisory Group 
Recommendations to Update Procedure on WHOIS Conflicts with National Laws (15 
minutes)
The GNSO's 2005 Policy on WHOIS Conflicts with National Laws (see 
http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm) had 
recommended the creation of a procedure to address conflicts between a 
contracted party's WHOIS obligations and local/national privacy laws or 
regulations. Under the existing procedure dating from January 2008, a 
contracted party that credibly demonstrates that it is legally prevented from 
complying with its WHOIS obligations can invoke the procedure, which defines a 
credible demonstration as one in which the contracted party has received 
"notification of an investigation, litigation, regulatory proceeding or other 
government or civil action that might affect its compliance." The procedure has 
never been invoked.
In May 2014, ICANN launched a review of the procedure. An Implementation 
Advisory Group (IAG) was formed and began its work in January 2015. The IAG's 
Initial Report was published for public comment in November 2015 (see 
https://www.icann.org/public-comments/iag-whois-conflicts-privacy-2015-10-05-en).
 On 25 May 2016, the IAG's Final 
Report<http://gnso.icann.org/mailing-lists/archives/council/pdf1nt18yPBer.pdf>, 
accompanying 
Appendices<http://gnso.icann.org/mailing-lists/archives/council/pdfC9Dr9B5OBO.pdf>
 and a summary Memo to the GNSO 
Council<http://gnso.icann.org/mailing-lists/archives/council/pdfZPGKEDdzDq.pdf> 
was delivered to the GNSO Council. The IAG proposed modifications to the 
procedure that it believes do not affect the underlying Policy. The Council 
received an update on the proposed modifications at ICANN56 and discussed the 
matter further at its meeting on 21 July. Here the Council will confirm whether 
or not the IAG's proposed modifications conform with the underlying GNSO Policy.
5.1 - Presentation of the motion<https://community.icann.org/x/FQObAw> (James 
Bladel)
5.2 - Discussion
5.3 - Council vote (voting threshold: simple majority)

Item 6: COUNCIL DISCUSSION - ICANN Board Letter on New gTLD Subsequent 
Procedures (20 minutes)
On 5 August 2016, ICANN Board Chair Dr. Steve Crocker sent a letter to the GNSO 
Council concerning work on the GNSO Policy Development Process (PDP) on New 
gTLD Subsequent Procedures 
(https://gnso.icann.org/en/correspondence/crocker-to-bladel-05aug16-en.pdf). 
The Board wished to know the GNSO Council's view of the current work in light 
of the existing GNSO policy and ongoing parallel review work on the 2012 New 
gTLD Program. The Board letter specifically asked for information on the PDP 
timeline and whether the GNSO believes that the current PDP must be completed 
prior to advancing a new application process under the current policy 
recommendations, including whether any consideration has been given in relation 
to whether a future application process could proceed while policy work 
continues and be iteratively applied to the process for allocating new gTLDs. 
On 16 August the GNSO Chairs sent a reply to the Board on behalf of the 
Council, acknowledging the Board's request 
(https://gnso.icann.org/en/correspondence/council-leadership-to-crocker-16aug16-en.pdf).
 Here the Council will discuss the subject of the Board's letter and its 
further response, including whether or not input from the PDP Working Group may 
be helpful.
6.1 -  Status update on the Board letter and PDP progress (James Bladel / Paul 
McGrady)
6.2 - Discussion
6.3 - Next steps
Item 7: COUNCIL DISCUSSION - Next Steps for the Cross Community Working Group 
on Internet Governance (10 minutes)
The 
Charter<https://community.icann.org/download/attachments/52888213/Charter%20ccWG%20IG%202014%20v05.pdf?version=1&modificationDate=1423208903000&api=v2>
 for this Cross Community Working Group (CCWG) was 
ratified<https://community.icann.org/x/oQInAw> by the ccNSO Council (September 
2014), the GNSO Council (October 2014), and the ALAC (April 2015). The ratified 
Charter provides that the CCWG scope includes doing "whatever it deems relevant 
and necessary to facilitate and ensure engagement and participation of the 
ICANN community in the global Internet governance scene and multi-stakeholder 
decision-making processes", with regular monthly updates to be provided to its 
Chartering Organizations and a periodic Progress Paper where appropriate. The 
Charter also provides that the Chartering Organizations should review the 
Charter and CCWG deliverables in order to determine whether the group should 
continue or be dissolved, with the proviso that the CCWG will continue if at 
least two of its Chartering Organizations extend the Charter and notify the 
other Chartering Organizations accordingly.
At ICANN55, there was some discussion over the most appropriate forum for SO/AC 
interaction on Internet governance matters, especially given the expected 
forthcoming finalization of a Uniform Framework of Principles for Future CCWGs. 
The co-chairs of the CCWG-IG provided the Council with a Progress Report on its 
recent activities at ICANN56. Here the Council will discuss appropriate next 
steps in relation to overseeing the work of the CCWG.
7.1 - Review of status of Council discussion (James Bladel)
7.2 - Discussion
7.3 - Next steps
Item 8: COUNCIL DISCUSSION - Proposed Cost Control Mechanisms and Request for 
GNSO Council Validation of the Budget for the Cross Community Working Group on 
Ensuring ICANN Accountability (CCWG-Accountability) (15 minutes)
On 10 July, the GNSO Council requested that the ICANN Board Finance Committee 
and the CCWG-Accountability co-chairs conduct a webinar to brief the Council 
and broader GNSO community on the Proposed Cost Control Mechanisms and the 
CCWG-Accountability's request for the GNSO Council to validate the proposed 
FY17 budget for the CCWG-Accountability 
(https://gnso.icann.org/en/correspondence/bladel-to-bfc-ccwg-accountability-chairs-10jul16-en.pdf).
 The proposed budget and costs had been reported to the GNSO Council on 21 June 
(https://gnso.icann.org/mailing-lists/archives/council/pdf9L4CYla9NE.pdf). The 
requested webinar took place on 24 August. Here the Council will discuss the 
CCWG-Accountability's request for the Council to validate the proposed FY17 
budget in light of the further information provided during the webinar 
(recording and slides available at https://icann.adobeconnect.com/p8fu99qpt7d/).
8.1 - Status update (James Bladel)
8.2 - Discussion
8.3 - Next steps
Item 9: COUNCIL DISCUSSION - Planning and Scheduling for ICANN57 (15 minutes)
ICANN57 will take place in Hyderabad, India, from 3-9 November 2016. This will 
be the first "Meeting C" under the new ICANN Meeting Strategy as well as the 
Annual General Meeting for ICANN. A draft GNSO 
schedule<http://gnso.icann.org/en/drafts/meeting-c-schedule-11jul16-en.pdf> for 
the meeting was circulated to the GNSO Council on 11 July 2016 and reviewed at 
the Council meeting on 21 July. Here the Council will review all proposed GNSO 
sessions for ICANN57 in relation to the meeting schedule, including the face to 
face Policy Development Process (PDP) Working Group meetings, the customary 
annual Development Session for incoming and continuing GNSO Councilors, and the 
submission of High Interest Topics of interest to the GNSO.
9.1 - Overview of the proposed schedule (James Bladel)
9.2 - Discussion
9.3 - Next steps

Item 10: Any Other Business (10 minutes)

10.1 - Discussion of note from Chris Disspain on status of IGO acronyms 
protection work 
(https://gnso.icann.org/mailing-lists/archives/council/docxwBd6RaeZsW.docx)


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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(ART<http://www.timeanddate.com/library/abbreviations/timezones/sa/art.html>) 
UTC-3+0DST 09:00
Rio de Janiero, Brazil (BRST) UTC-3+0DST 09:00
London, United Kingdom (BST) UTC+0DST 13:00
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Istanbul, Turkey (EEST) UTC+3+0DST 15:00
Perth, Australia 
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UTC+8+0DST 20:00
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Sydney/Hobart, Australia (AEDT) UTC+11+0DST 22:00
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For other places see http://www.timeanddate.com<http://www.timeanddate.com/>
http://tinyurl.com/hbwu5tf


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

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Find out more about the GNSO by taking our interactive 
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