[council] GNSO Council Meeting Updated Draft Agenda 29 September 2016 at 21:00UTC.

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,
Please find the updated proposed Agenda for the GNSO Council Meeting on 29 
September 2016 at 21:00UTC.
The updates consist of  changing round items 5 and 6 on the agenda.

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/x/owu4Aw
This agenda was established according to the GNSO Operating 
Procedures<https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf> v3.2 
updated on 01 September 2016.

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: 21:00 UTC (http://tinyurl.com/hxoe7sh) 14:00 Los 
Angeles; 17:00 Washington; 22:00 London; 00:00 Istanbul; 07:00 Hobart - next day

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.
___________________________________________

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 1 September 2016  to be posted on xx 
xxxxx 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 (0 minutes)

Item 4: COUNCIL VOTE - GNSO Validation of the FY17 Budget and Cost-Control 
Processes for the CCWG-Accountability (20 minutes)
A draft budget and cost-control processes for the CCWG-Accountability 
activities for FY17 was presented at the group's plenary meeting of 21 June 
2016. In accordance with the process agreed with the Project Cost Support Team 
(PCST) that supported the CCWG-Accountability, a request for validation of the 
proposed budget and cost-control processes was transmitted to the 
CCWG-Accountability's Chartering Organizations on 23 June.
The GNSO Council discussed the validation request during ICANN56 in Helsinki at 
the end of June, and a webinar on the topic was held at the Council's request 
on 23 August. Here the Council will consider approving the request to validate 
the FY17 budget and cost-control processes as well as a number of related 
topics that have been highlighted for discussion by various Councilors.
4.1 - Presentation of the 
motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September+2016>
 (James Bladel)
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 (20 
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<https://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-23may16-en.pdf>,
 accompanying 
Appendices<https://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-appendix-1-23may16-en.pdf>
 and a summary 
Memo<https://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-26may16-en.pdf>
 to the GNSO Council was delivered to the GNSO Council. The IAG proposed 
modifications to the procedure that it believes do not contradict the 
underlying policy recommendations. The Council received an update on the 
proposed modifications at ICANN56 and discussed the matter further at its 
meetings on 21 July and 2 September. Here the Council will confirm whether or 
not the IAG's proposed modifications conform with the intent of the underlying 
GNSO Policy.
5.1 - Presentation of the 
motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September+2016>
 (Stephanie Perrin)
5.2 - Discussion
5.3 - Council vote (voting threshold: simple majority)

Item 6: COUNCIL VOTE - Approval of Appointment of an Interim GNSO 
Representative to the Empowered Community Administration (20 minutes)
Section 1.1(a) of Article 6 of the new ICANN Bylaws concerning the composition 
and organization of the Empowered Community (EC) states that the EC is to be "a 
nonprofit association formed under the laws of the State of California 
consisting of the ASO, the ccNSO, the GNSO, the ALAC and the GAC (each a 
"Decisional Participant" or "associate," and collectively, the "Decisional 
Participants")." Section 6.3 provides that, as a Decisional Participant in the 
EC, the GNSO "shall act through its respective chair or such other person as 
may be designated by the GNSO". Each Decisional Participant must deliver 
annually a written certification from its chair or co-chairs to the ICANN 
Secretary designating the individual representing that Decisional Participant 
in the EC Administration.
On 30 June 2016, the GNSO Council created a Drafting Team (DT) to work with 
ICANN staff to identify the GNSO's new rights and obligations, and prepare an 
implementation plan to address any needed changes by 30 September 
(https://gnso.icann.org/en/council/resolutions#20160630-2). Upon the completion 
of the DT's work, the GNSO is expected to finalize its process for appointing 
its EC representative going forward. Here the Council will consider the 
appointment of the GNSO Chair as an interim representative to the EC 
Administration to ensure that a GNSO representative is designated as soon as 
the new Bylaws come into effect, pending the completion and approval of the 
DT's work.
6.1 - Presentation of the 
motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September+2016>
 (James Bladel)
6.2 - Discussion
6.3 - Council vote (voting threshold: simple majority)


Item 7: COUNCIL DISCUSSION - Proposed Draft Charter for a New Cross Community 
Working Group concerning Auction Proceeds from the 2012 New gTLD Program (15 
minutes)
The 2012 New gTLD Program established auctions as a mechanism of last resort to 
resolve string contention. Although most string contention sets have been 
resolved through other means prior to reaching the stage of an auction 
conducted by ICANN's authorized auction service provider, it was recognized 
from the outset that significant funds could accrue as a result of several 
auctions. As such, any and all auction proceeds have been reserved and 
earmarked until the Board authorizes a plan for the appropriate use of the 
funds. The Board, staff, and community are expected to work together in 
designing the appropriate processes for addressing the use of the new gTLD 
auction proceeds.To this end, a cross-community Drafting Team (DT) was formed 
which has now submitted a proposed Charter for a cross-community working group 
to all SO/ACs for consideration.
As outlined by the DT, the proposed charter<http://tinyurl.com/h9r2tsr> is the 
result of extensive input and deliberations and represents a careful balance 
between the different viewpoints and perspectives, including from both the DT 
Members and the ICANN Board liaisons to the DT. As such, the DT has requested 
that the GNSO Council review the proposed charter<http://tinyurl.com/h9r2tsr> 
with this careful balance in mind and only flag to the DT any pertinent issues 
that would prevent the GNSO from adopting this charter. The DT has requested to 
receive the GNSO's feedback by 30 September 2016 at the latest, including an 
indication of when the GNSO anticipates to be in a position to consider the 
charter for adoption following 30 September, provided that no pertinent issues 
have been identified by any of the ICANN SO/ACs.
Here the Council will discuss the DT's proposed 
Charter<http://tinyurl.com/h9r2tsr>, with a view toward providing its input by 
30 September.
7.1 - Summary and update (Jonathan Robinson (DT chair))
7.2 - Council discussion
7.3 - Next steps
Item 8: COUNCIL DISCUSSION - ICANN Board Letter on New gTLD Subsequent 
Procedures (15 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).
At its meeting on 2 September, the GNSO Council agreed to seek input from all 
GNSO Stakeholder Groups and Constituency leaders, as well as the New gTLD 
Subsequent Procedures Policy Development Process Working Group. Here the 
Council will discuss feedback received from the various groups and determine 
next steps.
8.1 -  Status update (GNSO Council chairs / Paul McGrady (for the PDP Working 
Group))
8.2 - Discussion
8.3 - Next steps
Item 9: COUNCIL DISCUSSION - Proposed Final Framework for Future Cross 
Community Working Groups (5 minutes)
In March 2014, the ccNSO and GNSO Councils jointly chartered a Cross Community 
Working Group to develop a framework of principles to guide the formation, 
chartering, operations and closure for future cross community working groups 
(CCWG-Principles). The CCWG-Principles published an initial proposed framework 
for public comment in February 2016, and following a review of all public 
comments received and further community discussion at ICANN56 in Helsinki at 
the end of June, completed a proposed Final Framework which it has since 
submitted to both its Chartering Organizations. Here the Council will receive a 
brief update on the Final Framework, with a view toward its possible adoption 
at the next Council meeting in October.
9.1 - Summary and update (Mary Wong / Steve Chan)
9.2 - Next steps
Item 10: COUNCIL DISCUSSION - GNSO Meeting Schedule for ICANN57 (5 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<https://gnso.icann.org/en/drafts/icann57-gnso-schedule-22sep16-en.xlsx>
 for the meeting was circulated to the GNSO Council on 11 July 2016 and 
reviewed at the Council meetings on 21 July and 2 September. GNSO Stakeholder 
Groups and Constituencies wishing to hold sessions at ICANN57 were requested to 
submit meeting requests by the agreed deadline. Here the Council will discuss 
the GNSO's meeting schedule for ICANN57, including the Council sessions and 
Working Group and other meetings.
10.1 - Overview of the proposed schedule (GNSO Council Chairs / Glen de St Gery)
10.2 - Discussion
10.3 - Next steps

Item 11: 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<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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http://tinyurl.com/hxoe7sh


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

Follow the GNSO via Twitter @ICANN_GNSO
Find out more about the GNSO by taking our interactive 
courses<http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer 
pages<http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>.