GNSO Council Meeting | Agenda

This agenda was established according to the GNSO Council Operating Procedures approved 13 September 2012 for the GNSO Council and updated.

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 05:00 UTC
http://tinyurl.com/q9vvomd

Coordinated Universal Time 05:00 UTC
22:00 Los Angeles (Tuesday 25 March); 01:00 Washington; 05:00 London; 06:00 Paris; 13:00 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.

Item 1: Administrative matters (5 mins)

1.1 Roll Call
1.2 Statement of interest updates
1.3 Review/amend the Agenda
1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures:
Minutes of the GNSO Council meeting 27 February 2014 will be posted as approved in March 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 (5 mins)

Confirm Chair and Co-Chairs for the Data and Metrics for Policy Making non-PDP working group namely Mikey O'Connor (ISPCP) as Chair as well as Rudy Vansnick (NPOC), Jonathan Zuck (IPC) and Olevie Kouami (NPOC) as Co-Chairs. Further confirming that the GNSO Liaison for the Data and Metrics for Policy Making non-PDP working group will be Klaus Stoll (NPOC).

Item 4: MOTION - To approve the charter for a cross community working group to develop a finalised framework of operating principles for future CWGs (10 mins)

The GNSO Council previously approved a set of initial draft principles relating to the formation and operation of cross community working groups (CWGs) and directed ICANN staff to solicit feedback on the principles from the other ICANN Supporting Organizations and Advisory Committees (SO/ACs).

The GNSO Council then approved the formation of a Drafting Team to develop a Charter for a new CWG to take forward and synthesize the initial work of the GNSO and ccNSO feedback, and to develop a final framework of operating principles that can function effectively across all SO/ACs relating to the formation, operation, decision making and termination of future CWGs (the "Final Framework").

The Drafting Team, co-chaired by the ccNSO and GNSO, has now completed its work on a proposed charter for this new CWG. Here the Council will vote on whether to approve the proposed charter.

4.1 - Review the motion
4.2 - Discussion
4.3 – Vote (Simple majority)

Item 5: MOTION - To adopt the charter for a cross community working group to develop a framework for the use of country and territory names as TLDs (10 mins)

The ccNSO Study group on the use of Names for Country and Territory published its Final Report in September 2013 (http://ccnso.icann.org/node/42227 ). One of the two recommendations of the Study Group to the ccNSO Council was to establish a cross community working group.

The ccNSO Council adopted the recommendation and, as the objective of the proposed Working Group is considered to be of common interest to the broader community, the GNSO, in addition to other Supporting Organisations (SOs), Advisory Committees (ACs) and others, is invited to participate in the working group on equal footing.

The ccNSO submitted a proposed charter for this Cross-Community Working Group, which the GNSO Council has reviewed and discussed. Here the GNSO Council will vote on whether to adopt the proposed charter and to issue a call for volunteers to the CWG.

5.1 - Review the motion
5.2 - Discussion
5.3 – Vote (Simple majority)

Item 6: MOTION – To approve the Charter for a GAC-GNSO Consultation Group on GAC Early Engagement in GNSO Policy Development Processes (10 mins)

There is wide agreement on the need to engage the GAC early within the GNSO policy development process. This is something that has been highlighted on a number of occasions including through the Accountability and Transparency Review process.

Accordingly, the GAC and the GNSO have formed a Consultation Group to work on the principles and mechanics of improved future early engagement. Here the GNSO Council will vote on whether to approve the charter for the GAC-GNSO Consultation Group.

6.1 - Review the motion
6.2 - Discussion
6.3 – Vote (Simple majority)

Item 7: MOTION – To close the Joint IDN Working Group and next steps for certain IDN-related Issues (10 mins)

The Joint IDN Working Group (JIG) was chartered by the ccNSO and GNSO Councils in 2009 to discuss issues of common interest between the two Supporting Organizations in relation to Internationalized Domain Names (IDNs). The JIG identified three issues of common interest, viz. single character IDN TLDs, IDN Variant TLDs, and Universal Acceptance of IDN TLDs and went on to prepare a series of reports on these.

Recognizing that further work needed to be done in relation to IDNs, in particular IDN variants and universal acceptance of IDNs, the ccNSO and GNSO Councils requested in November 2013 that the JIG put forward suggestions on how to deal with these issues and deliver these suggestions to the Councils by the ICANN Singapore Meetings in March 2014.

Members of the JIG now support the ICANN staff recommendations that the ccNSO and GNSO Councils should each continue to monitor ICANN's community efforts to resolve issues relating to single character IDN TLDs, IDN Variant TLDs and Universal Acceptance of All TLDs (including IDN TLDs). Here the Council will vote to formally close the JIG and commit to the ongoing monitoring work.

7.1 - Review the motion
7.2 - Discussion
7.3 – Vote (Simple majority)

Item 8: Motion to Adopt Revised GNSO Operating Procedures to Address Resubmission of a Motion and Working Group Self Assessment

The GNSO Council requested that the Standing Committee on Improvements Implementation (SCI) should consider whether there should be a modification to the GNSO Council Operating Procedures to address the issue of the resubmission of a motion and to develop a survey that WGs could use to perform a self-assessment once their work is complete. Accordingly, the SCI developed procedures to be inserted in Section 4.3 (Motions and Votes) of the GNSO Operating Procedures that provide for the resubmission of a motion to the GNSO Council. The revised GNSO Operating Procedures, including the proposed additions to the Working Group Guidelines, were put out for public comment for a period of a minimum of 21 days beginning on 10 February 2014 and ending on 03 March 2014 (see http://www.icann.org/en/news/public-comment/gnso-op-procedures-10feb14-en.htm), as required by the ICANN Bylaws. The GNSO Council will now consider the revised GNSO Operating Procedures for adoption.

8.1 - Review the motion
8.2 - Discussion
8.3 – Vote (Simple majority)

Item 9: DISCUSSION – Internet Governance Issues (15 mins)

Discussions and activity relating to the Internet governance ecosystem are attracting a great deal of attention. This item is on the Council's agenda in order to provide an opportunity for discussion within the Council about how this impacts the role and work of the Council and mindful of the scope and remit of the Council, what action the Council should or could be taking. In addition, the transition of stewardship of the IANA function from the US government is now firmly on the GNSO's agenda and the Council must determine its role and function with respect to this.

9.1 - Discussion
9.2 - Next steps

Item 10: DISCUSSION - Data retention waiver and the apparent conflict of national data protection laws with the 2013 Registrar Accreditation Agreement (15 mins)

Many European registrars have expressed frustration with ICANN's handling of their requests for a waiver from the Data Retention requirements under the 2013 Registrar Accreditation Agreement (RAA), particularly considering recent statements by various data protection authorities that these requirements violate national privacy laws. Other ICANN stakeholders have expressed concern about the treatment of legal data protection requirements when the ICANN contract appears to conflict with certain laws. Still other stakeholders are concerned that the ability of law enforcement and private enforcement actions to access data be kept in place.

The RAA includes language that allows ICANN to temporarily suspend enforcement of the data retention provisions. As this situation has now been ongoing for over six months, pending a resolution of the issue, should the GNSO Council and larger ICANN Community direct ICANN Staff to suspend enforcement for any registrar requesting a waiver?

10.1 – Status update
10.2 – Discussion
10.3 – Next steps

Item 11: DISCUSSION – GNSO Engagement with the work of the ICANN Strategy Panels (10 mins)

During the weekend sessions the GNSO received an update from ICANN's senior advisor to the ICANN president on strategy, Theresa Swineheart, on a range of areas including the Strategy Panels. Here the Council note the output from the strategy panels and discuss any appropriate action going forward.

11.1 - Update
11.2 - Next steps

Item 12: UPDATE & DISCUSSION – Forthcoming review of the GNSO (10 mins)

As part of a periodic review process that is built into the ICANN model, ICANN board initiated reviews of the GNSO (and the GNSO Council and related functions) are expected. In order to be informed and effectively prepared for this work, we have begun to engage with the Structural Improvements Committee of the ICANN Board through its chair, Ray Plazk.
The Council will track the planning work of the SIC and, where appropriate; provide relevant input to the process. We will also consider a form of self-review in a similar format to that which we expect to arise out of the work of the SIC.

12.1 – Update (Jennifer Wolfe)
12.2 – Discussion
12.3 – Next steps

Item 13: Open Microphone (5 mins)

An opportunity for any contributions from within the room or remote participants.
Note: Contributions are not restricted to this purpose made slot.

Item 14: Any Other Business (5 mins)

ICANN Board Seat 14 – NCPH - Additional Council meeting Thursday, 10 April 2014 at 14:00 UTC

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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