GNSO Council Public Meeting | Agenda

Proposed Agenda for the GNSO Council Public Meeting 25 June 2014

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 15:00 UTC: – http://tinyurl.com/nwgcsw3

Coordinated Universal Time 12:00 UTC
05:00 Los Angeles; 08:00 Washington; 13:00 London; 14:00 Brussels; 20:00 Perth

Dial-in numbers will be sent individually to Council members. Councillors should notify the GNSO Secretariat in advance if a dial out call is needed.

Full details on page:
http://london50.icann.org/en/schedule/wed-gnso-council

Item 1: Administrative matters (5 mins)

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 5 June 2014, posted as approved on 25 June 2014

Item 2: Opening Remarks / Review of Projects & Action List (10 mins)

Review focus areas and provide updates on specific key themes / topics

Include review of Projects List and Action List.

Comments or questions arising.

Item 3: Consent agenda (0 mins)

Confirmation of Becky Burr (ccNSO) and John Berard (GNSO) as the permanent co-chairs for the Cross Community Working Group (CWG) on a Framework for CWG Operating Principles.

Item 4: MOTION – Approval of a charter for a PDP working group for the IGO & INGO access to curative rights protection mechanisms (10 mins)

The Final Issue Report on the topic of amending the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS) to enable International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) to access and use these curative rights protection mechanisms (UDRP & URS) contains a draft charter for the proposed PDP WG.

The draft Working Group Charter is appended as Annex 3 to the Final Issue Report and was delivered to the GNSO Council on 25 May 2014. Here the Council will vote on whether or not to approve the Charter.

4.1 – Present the motion (Thomas Rickert / Mary Wong)
4.2 – Discussion
4.3 – Vote (Threshold; One third of each house or two thirds of one house)

Item 5: MOTION – Consideration and evaluation of the New gTLD programme (15 mins)

In 2005 the GNSO began a policy development process which ultimately resulted in the introduction of new gTLDs and the creation of policy recommendations for the launch of a new gTLD application process.  In 2007, the GNSO Council adopted the policy recommendations from the GNSO policy development process and these were adopted by the ICANN Board, leading to the approval by the Board of an Application Guidebook ("AGB") for new gTLDs and the launch of the New gTLD Program.

The AGB was intended to govern the first round of an ongoing process for the introduction of new TLDs and ICANN's stated goal to launch subsequent gTLD application rounds as quickly as possible, potentially within one year of the close of the application submission period for the initial round. The first round application submission period closed in June 2012.

The Council believes that it has a continuing interest and role to play in evaluating the experiences of the first found and in proposing policy recommendations, if necessary, for changes to subsequent rounds.

In this item, the Council will discuss and vote on a motion to take steps to consider, and evaluate the first round of the new gTLD program in order to decide on what, if any, future policy work needs to be undertaken.

5.1 Present the motion (Bret Fausett)
5.2 Discussion
5.3 Vote (Threshold: Simple majority)

Item 6: Discussion – Letter from the NGPC regarding protection of IGO-INGO identifiers in all gTLDs (15 mins)

On 16 June 2014, the Council received a letter from the New gTLD Program Committee (NGPC) of the ICANN Board regarding the protection of International Governmental Organization and International Non-Governmental Organization (IGO-INGO) identifiers in all gTLDs.

Previously, on 30 April 2014, the ICANN Board adopted the GNSO Council's policy recommendations on IGO-INGO protections that were not inconsistent with the GAC's advice, and requested additional time to consider the remaining policy recommendations on the same topic that are inconsistent with the GAC's advice.

The GNSO policy recommendations on protections for IGO acronyms differ from the GAC advice and a current proposal being discussed with IGOs. The GNSO policy recommendations presented to the Board for adoption would permit eligible IGO acronyms to be added to the TMCH for 90-day claims notification.

In writing the letter, the NGPC has stated that it wants to provide an update to the GNSO to appreciate the GNSO's work but also highlight concerns and to give the GNSO an opportunity to consider modifying the elements of the approved policy recommendations in accordance with the relevant procedure established in the GNSO Operating Procedures.

Here, the GNSO Council will consider whether or not to, and potentially the route to, modifying or amending our approved policy prior to adoption by the ICANN Board as provided for under Section 16 of the GNSO Operating Procedures.

6.1 – Discussion
6.2 – Next steps

Item 7: Update – Update on the Uniformity of Reporting Final Issue Report Resolution (15 mins)

Here the Council will receive an update, regarding an approved resolution as a result of the Final Issue Report on Uniformity of Reporting (a recommendation from RAPWG).

The resolution states, "The GNSO Council does not initiate a Policy Development Process at this stage but will review at the completion of the ICANN Contractual Compliance three-year plan expected for 31 December 2013 whether additional action is required."

ICANN's Contractual Compliance team will present the past activities and results of the Contractual Compliance three-year plan and future efforts to evolve the contractual compliance function with regard to metrics collection and reporting. The GNSO Council will deliberate whether further attention to this issue is warranted. Note, that the second resolution launched what is now known as the non-PDP, Data & Metrics for Policy Making WG that is currently executing against its approved charter.

7.1 – Update (Maguy Serad)
7.2 – Discussion
7.3 – Next steps

Item 8: DISCUSSION – A cross-community working group to develop a transfer process for the IANA stewardship role (15 mins)

A proposal was made in Singapore for the formation of a Cross-Community Working Group (CWG) to work on transition of the IANA stewardship function from the NTIA and an early stage initial draft of a charter for such a CWG was circulated. This has been modified a little since and is available here.

An invitation to participate in a drafting team to has now been drafted and sent to all ICANN SO & ACs. Here the Council will take the opportunity, as manager of the policy development processes of the GNSO, to provide direction on the formation, development and work of a CWG on the NTIA transition.

Item 9: UPDATE – On the work of the GNSO Review Working Party (10 mins)

As part of a periodic review process that is built into the ICANN model, work on the ICANN board initiated reviews of the GNSO (and the GNSO Council and related functions) has commenced. The objective of the Review is to examine the organizational effectiveness of the GNSO, including its components (GNSO Council, GNSO Working Groups, GNSO Stakeholder Groups and Constituencies). The review is to be tightly scoped based on objective and quantifiable criteria provided to an independent examiner. A webinar to discuss this has recently taken place.

The GNSO Review Working Party has been assembled to:

1. Function as a liaison between the GNSO, the independent examiner and the SIC,
2. Provide input on review criteria and the 360 Assessment,
3. Coordinate interviews and objectively supply clarification and responses to the draft findings and recommendations.

The SIC envisages that once a final report is issued and the Board takes action on it, as appropriate, the GNSO Review Working Party will also coordinate with the GNSO community to prepare an Implementation Plan and champion implementation of improvement activities.

9.1 – Update (Jennifer Wolfe)
9.2 – Discussion
9.3 – Next steps

Item 10: UPDATE – On the work of the GAC / GNSO Consultation Group (10 mins)

Here the Council will receive an update, including reactions to the Group's work presented during ICANN 50 in London and to discuss any actions being planned.

In particular, the Consultation Group will seek support for the overall direction of its work and specifically, the decision to recruit and appoint a GNSO Liaison to GAC as well as the selection process for such a liaison. The Consultation Group envisages that the actual appointment will take place as soon as possible and, in any event, before ICANN 51. Moreover that such an appointment will be subject to a motion before the GNSO Council.

10.1 – Update (Jonathan Robinson)
10.2 – Discussion
10.3 – Next steps

Item 11: Open microphone (10 mins)

Item 12: Any Other Business (5 mins)

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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