Names Policy Development Process Assistance Group: Recommendation
21 August 2002
Names Policy Development
Process Assistance Group
Recommendation
21 August 2002
I. Introduction and Background
The ICANN Evolution and Reform Committee (the "ERC") requested assistance in formulating a new process for names policy development. In preparing our recommendations, we have followed the core principles laid out both by the ERC in its report entitled "ICANN: A Blueprint for Reform" (the "Blueprint") and by the ICANN Board, in its action on June 28 in Bucharest, Romania accepting and endorsing the Blueprint. These principles require a process that: (i) encourages broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet; (ii) is open and transparent; (iii) promotes well-informed decisions based on participation by affected and interested parties and, where appropriate, expert advice; (iv) ensures that those entities most affected have an appropriate role in the policy development process; and (v) encourages bottom-up policy development.
In addition, we note the Department of Commerce's concern that ICANN's reform efforts should: (i) clarify ICANN's mission and responsibilities, (ii) reform its decision-making processes to provide for transparency and accountability, (iii) create a mechanism for a fair hearing of Internet stakeholder views, (iv) provide an effective advisory role for governments, and (v) devise an adequate mechanism for the creation of sufficient financial and personnel resources to carry out its mission.
Our recommendations are the result of input obtained from a number of individuals – Rita A. Rodin (chair), Marilyn Cade, Guillermo Carey, Caroline Chicoine, Bret Fausett, Jeff Neuman, Bruce Tonkin, and Philip Sheppard. Each of us has a long history of involvement with ICANN and its current DNSO policy development processes. We also have a variety of backgrounds and perspectives on policy development. In addition, Hans Kraaijenbrink and Joe Sims participated in our deliberations.
While these recommendations are the result of a balanced, collaborative effort and the members of the group reached general agreement on the principles contained herein, not every member of the group agreed with every recommendation.
Generally speaking, the Blueprint suggests that any policy development should have most of the following characteristics:
- A clear assignment to the appropriate policy development body. If more than one body has an interest, then one body shall be given lead responsibility for coordinating with the others;
- A defined timeline from suggestions of a policy to a Board recommendation, normally in the range of 60 days or less;
- A predefined process and timeline for collecting and evaluating community and public input;
- A recommendation to the Board reflecting the inputs received and corresponding reasons for presence or absence of true consensus; pros and cons of any recommendation; and summaries of supporters and opponents;
- An opportunity for the Board to receive advice from other bodies including Expert Advisory Panels and the GAC;
- A requirement that where practicable, the Board will publish a tentative decision that allows for a period of public comment and review by the assigned policy development body prior to making a final decision.
On August 1, 2002, the ERC posted its First Interim Implementation Report (the "First ERC Report"), in which it expanded on some of the general principles described in the Blueprint as follows:
- All interested persons should have the opportunity, but not the right, to influence ICANN's policy decisions.
- In every case in which a policy issue is being discussed, it is the obligation of all participating to seek consensus if possible.
- The policy-development process must include clear timelines and procedures, so that the process is both understandable and predictable to all, both inside and outside ICANN.
- It is the ERC's view that the GNSO Council (the "Council") is responsible for the management of the policy-development process from the point where it is initiated with respect to a particular issue to the point where it makes a recommendation to the ICANN Board.
III. Preliminary Framework and ERC Commentary
On July 26, 2002, we submitted our Preliminary Framework (the "Preliminary Framework") for the names policy development process to the ERC. In the First ERC Report, the ERC commented on certain ideas put forward in our Preliminary Framework, as follows:
- While they generally agreed with the "High Level Topics" we enumerated, they noted that GAC involvement in the policy development process probably did not require additional detailed attention by this group.
- They agreed it was important for any interested person to be able to suggest that a particular issue should be subjected to the policy-development process, but suggested that only the Board or the Council should be permitted to actually initiate a formal names policy development process.
- They expressed their belief that the general structure and timelines for the policy development process should not be ad hoc, set individually for each process, but rather should be established by the Board and subject to change only for compelling reasons.
- They strongly agreed that the results of the policy development process must be collected and presented to those making recommendations and decisions in such a way that it is clear what possible positions are favored or opposed by which persons or entities, what the pro and con arguments relating to those various positions are, and what are the recommendations and the rationale for those recommendations of those presenting this information, whether it be by a task force or other body, to the Council, or by the Council to the Board.
- In light of the foregoing, we have reconsidered some aspects of our Preliminary Framework and have developed the recommendations set out below for the names policy development process. Our recommendations attempt to describe an efficient and certain process that will offer transparency and accountability and that will ensure the appropriate involvement of all interested parties.
In general, the policy development process ("PDP") is intended to take ninety-five (95) days from the time the PDP is initiated until a Board Report is forwarded to the Board. We included a timeline setting forth some milestones of the PDP at the end of this report. We recognize that there may be instances where there is a compelling need to extend the timelines and deadlines set forth herein. Accordingly, such timelines may be extended as follows. Upon a Supermajority Vote in favor of such extension, the Council chair shall submit a request for an extension to the Board. The Board shall either approve or deny any such vote for an extension within five (5) days thereafter.
The timeline and processes described herein are the result of our assessment of what we believe will create a meaningful but efficient PDP. We extended the ERC's recommendation of a sixty day PDP period where we believed such extension was necessary. Notwithstanding, we acknowledge that the PDP timeframe is ambitious. We suggest that ICANN conduct frequent reviews of the PDP, and particularly, compile statistics on the PDP at the end of the first twelve months of its use, to analyze the process and determine whether modifications or additions might be warranted.
3. Multi-lingual Considerations
Given ICANN's nature as an internationally representative organization, it is imperative that the PDP afford non-English speaking individuals and organizations the opportunity for meaningful participation. The specifics of mandating multi-lingual reports is likely outside of the scope of this group's work. However, we believe it is imperative that ICANN quickly develop a procedure for the translation of reports and information regarding the PDP and other important ICANN business.
In the interim, we (i) acknowledge the importance of multi-lingual capacity, (ii) suggest that all reports and discussions developed or engaged in as part of the PDP be written in simple English to the extent feasible, and (iii) encourage capable individuals to assist in translating reports and discussing issues in non-English languages, understanding that neither ICANN nor the individuals can be responsible for the accuracy of such translations until such time as a formal process may be implemented.
We support the ERC's notion that certain matters, especially some matters arising out of contracts between ICANN and third parties ("Third Party Contracts"), are not properly part of the PDP. However, we suspect that the ICANN Board may (at least on some occasions) look to the Council to provide it with advice on such matters. Accordingly, we suggest that the ICANN Board be clear in its instruction regarding what input it is seeking – commencement of the PDP as set forth below, or advice from the Council. Situations where the Board is seeking advice may require the Council to utilize a process that is shorter than, or otherwise varies from, the one we describe herein. Accordingly, we suggest that the Council develop a mechanism whereby it may respond to such requests for advice in an expedited and efficient way.
We emphasize the importance of collecting information as part of the PDP. Whether via use of a task force or not, a primary goal of the PDP is to gather information and data from the global community and synthesize such data into reports that can be intelligently deliberated and, we hope, widely agreed upon.
6. Effect of PDP on Existing Contracts
We understand that this PDP is intended to be applicable to the way that ICANN can promulgate policies, including "Consensus Policies" as that term is defined in existing contracts between ICANN and third parties. Determining the method for applying this PDP to such existing contracts is likely outside of the scope of this group's work, but is a critical step in ICANN's reform process. Accordingly, we suggest that the ERC develop a process whereby it proposes to apply this PDP to such contracts as soon as possible.
V. The Policy Development Process
An issue may be raised for consideration as part of the PDP as follows:
The Board may raise an issue for policy development by (i) instructing the Council to initiate the PDP (upon such instruction, the Staff Manager shall create an Issue Report as set forth in Section 2 (Creation of Issue Report)), or (ii) submitting the issue directly (via electronic transmission) to the Staff Manager for the creation of an Issue Report.1
A member of the Council may raise an issue for policy development by making a motion at a meeting of the Council. If the motion has the support of at least twenty-five percent (25%) of the members of the Council present at such meeting, then after such meeting, the chair of the Council shall forward the motion to the Staff Manager with sufficient information to enable the Staff Manager to create an Issue Report, as set forth in Section 2 (Creation of Issue Report).
(c) Advisory Committee Initiation
An Advisory Committee may raise an issue for policy development during a meeting of such Committee. Upon a simple majority vote of such committee to commence the PDP, the chair of the Advisory Committee shall forward such motion to the Staff Manager who will prepare an Issue Report, as set forth in Section 2 (Creation of Issue Report).
(d) Initiation by Members of the Internet Community
Until such time as an organization intended to reflect the views of individual Internet users – such as an At-Large Advisory Committee – is formed to enable individuals to provide formally organized input into the PDP, anyone in the Internet community may raise an issue for policy development by submitting the issue electronically to the Staff Manager for the creation of an Issue Report, as set forth in Section 2 (Creation of Issue Report). All individual submissions shall be accompanied by a list of endorsements from at least ten (10) other individuals. An individual may submit no more than one issue per calendar quarter. The Staff Manager shall exercise reasonable discretion regarding whether to create an Issue Report requested pursuant to this section based on the level of support indicated in each submission. The Staff Manager shall maintain a list of all submissions for which no Issue Report was created on the Comment Site.
(e) Template for Electronic Submission of an Issue to Staff Manager
The Staff Manager will create and maintain a template for the electronic submission of proposed policy issues. Such template shall include:
(i) an e-mail address specifying where to submit the template; and
(ii) the specific information to be included in such submission, including (A) the name of the party submitting the issue; (B) the party's affiliation within ICANN (e.g. Board member or all constituencies and/or advisory councils in which such party is a member); (C) the issue to be addressed; (D) a description of how this issue affects the party submitting the issue; (E) a statement as to why the submitting issue should be addressed by the Council; and (F) a description of existing support or endorsements for the issue.
In the event a party wishes to raise an issue for consideration electronically via the Staff Manager, they shall complete the template.
2. Creation of the Issue Report
(a) Within fifteen (15) days of receiving either: (a) an instruction from the Board; (b) a properly supported motion from a Council member; (c) a properly supported motion from an Advisory Committee; or (d) an individual submission as described in Section 1(d) (Raising an Issue; Initiation by Members of the Internet Community) above, the Staff Manager will create a report (an "Issue Report"). Each Issue Report shall contain at least the following:
(i) The proposed issue raised for consideration;
(ii) The identity of the party submitting the issue;
(iii) How that party is affected by the issue;
(iv) Support for the issue to initiate the PDP;
(v) A recommendation from the Staff Manager as to whether the Council should initiate the PDP for this issue (the "Staff Recommendation"). The Staff Recommendation shall be presented for informational purposes only, except as set forth in Section 3(c) (Initiation of PDP; Vote of the Council) below.
(b) Each Staff Recommendation shall include the opinion of the ICANN General Counsel regarding whether the issue proposed to initiate the PDP is properly within the scope of the ICANN policy process. In determining whether the issue is properly within the scope of the ICANN policy process, the General Counsel shall examine whether such issue:
(i) is within the scope of ICANN's mission statement;
(ii) is broadly applicable to multiple situations or organizations;
(iii) is likely to have lasting value or applicability, albeit with the need for occasional updates;
(iv) will establish a guide or framework for future decision-making; or
(c) On or before the fifteen (15) day deadline, the Staff Manager shall distribute the Issue Report to the full Council for a vote on whether to initiate the PDP, as discussed below.
The Council shall initiate the PDP as follows:
(a) Issue Raised by the Board – If the Board directs the Council to initiate the PDP, then the Council shall meet and do so within fifteen (15) calendar days after receipt of the Issue Report or at the next Council meeting, whichever is sooner, with no intermediate vote of the Council.
(b) Issue Raised by Other than by the Board – If a policy issue is presented to the Council for consideration via an Issue Report, then the Council shall meet within fifteen (15) calendar days of receipt of such Report to vote on whether to initiate the PDP. Such meeting may be convened in any manner deemed appropriate by the Council, including in person, via conference call or via electronic mail.
(c) Vote of the Council – A vote of more than 33%2 of the Council members present in favor of initiating the PDP will suffice to initiate the PDP; unless the Staff Recommendation stated that the issue is not properly within the scope of the ICANN policy process, in which case a Supermajority Vote of the Council members present in favor of initiating the PDP will be required to initiate the PDP.
(a) At the meeting of the Council initiating the PDP, the Council shall:
(i) decide, by a majority vote of members present at the meeting, whether to appoint a task force to address the issue. If the Council votes:
(1) in favor of convening a task force, it shall do so in accordance with the provisions of Section 6 (Task Forces) below.
(2) against convening a task force, then it will collect information on the policy issue in accordance with the provisions of Section 8 (Procedure if no Task Force is Formed) below.
(b) Composition and Selection of Task Forces
(i) Upon voting to appoint a task force, the Council shall invite each of the formal constituencies and provisional constituencies, if any, of the GNSO to appoint one individual to participate in the task force. Additionally, the Council may appoint up to three outside advisors to sit on the task force. (Each task force member is referred to herein as a "Representative" and collectively, the "Representatives"). The Council may increase the number of Representatives per constituency that may sit on a task force in its discretion in circumstances that it deems necessary or appropriate.
(ii) Any constituency or provisional constituency wishing to appoint a Representative to the task force must submit the name of the constituency designee to the Staff Manager within ten (10) days of such request in order to be included on the task force. Such designee need not be a member of the Council. Rather, the designee should be an individual who has an interest, and ideally knowledge and expertise, in the area to be developed, coupled with the ability to devote a substantial amount of time to task force activities.
(iii) The Council may also pursue other options that it deems appropriate to assist in the PDP, including appointing a particular individual or organization to gather information on the issue or scheduling meetings for deliberation or briefing. All such information shall be submitted to the Staff Manager within thirty-five (35) days after initiation of the PDP.
5. Public Notification of Initiation of the PDP
After initiation of the PDP, ICANN staff shall post a notification to the ICANN web site, or such other web address as may be designated for the purpose of the PDP (the "Comment Site"). A public comment period shall be commenced for the issue for a period of twenty (20) days after initiation of the PDP. The Staff Manager, or some other designated representative of ICANN, such as the Manager of Public Comments, shall review the public comments and incorporate them into a report (the "Public Comment Report") to be included in either the Preliminary Task Force Report or the Initial Report, as applicable.
(i) If a task force is created, its role will generally be to (i) gather information detailing the positions of formal constituencies and provisional constituencies, if any, within the GNSO; and (ii) otherwise obtain relevant information that will enable the Task Force Report to be as complete and informative as possible.
(ii) The task force will not be given any formal decision-making authority. Rather, the role of the task force shall be to gather information that will document the positions of various parties or groups as specifically and comprehensively as possible, thereby enabling the Council to have a meaningful and informed deliberation on the issue. Unless the task force is able to reach a Supermajority Vote (in which case that should be noted and documented), the task force shall not "rate" or otherwise characterize positions to infer that one position should be given more weight than another.
(b) Task Force Charter or Terms of Reference
(i) The Council, with the assistance of the Staff Manager, shall develop a charter or terms of reference for the task force (the "Charter") within ten (10) days after initiation of the PDP. Such Charter will include:
(1) the issue to be addressed by the task force, as such issue was articulated for the vote before the Council that commenced the PDP;
(2) the specific timeline that the task force must adhere to, as set forth below, unless the Board determines that there is a compelling reason to extend the timeline; and
(3) any specific instructions from the Council for the task force, including whether or not the task force should solicit the advice of outside advisors on the issue.
(ii) The task force shall prepare its report and otherwise conduct its activities in accordance with the Charter. Any request to deviate from the Charter must be formally presented to the Council and may only be undertaken by the task force upon a vote of a majority of the Council members present.
(c) Appointment of Task Force Chair
The Staff Manager shall convene the first meeting of the task force within five (5) days after receipt of the Charter.3 At the initial meeting, the task force members will, among other things, vote to appoint a task force chair. The chair shall be responsible for organizing the activities of the task force, including compiling the Task Force Report. The chair of a task force need not be a member of the Council.
(i) Constituency Statements. The Representatives will each be responsible for soliciting the position of their constituency, at a minimum, and other comments as each Representative deems appropriate, regarding the issue under consideration. This position and other comments, as applicable, should be submitted in a formal statement to the task force chair (each, a "Constituency Statement") within thirty-five (35) days after initiation of the PDP. Every Constituency Statement shall include at least the following:
(1) If a Supermajority Vote was reached, a clear statement of the constituency's position on the issue;
(2) If a Supermajority Vote was not reached, a clear statement of all positions espoused by constituency members. Each statement should clearly indicate (X) the reasons underlying the position; and (Y) the constituency members that held the position.
(3) A clear statement of how the constituency arrived at its position(s). Specifically, the statement should detail specific constituency meetings/teleconferences/or other means of deliberating an issue, and a list of all members who participated or otherwise submitted their views;
(4) An analysis of how the issue would affect the constituency, including any financial impact on the constituency; and
(5) An analysis of the period of time that would likely be necessary to implement the policy.
(ii) Outside Advisors. The task force, should it deem it appropriate or helpful, may solicit the opinions of outside advisors, experts or other members of the public, in addition to those of their constituency members. Such opinions should be set forth in a report prepared by such outside advisors, and (i) clearly labeled as coming from outside advisors; (ii) accompanied by a detailed statement of the advisor's (A) qualifications and relevant experience; and (B) potential conflicts of interest. These reports should be submitted in a formal statement to the task force chair within thirty-five (35) days after initiation of the PDP.
(a) The chair of the task force, working with the Staff Manager, shall compile the Constituency Statements, Public Comment Report and other information or reports, as applicable, into a single document ("Preliminary Task Force Report") and distribute the Preliminary Task Force Report to the full task force within forty (40) days after initiation of the PDP.
(b) The task force shall have a final task force meeting within five (5) days of the date of distribution of the Preliminary Task Force Report to deliberate the issues and try and reach a Supermajority Vote.
(c) Within five (5) days after the final task force meeting (or fifty (50) days after initiation of the PDP), the chair of the task force and the Staff Manager shall create the final task force report (the "Task Force Report") and post it on the Comment Site. Each Task Force Report must include:
(i) A clear statement of the Supermajority Vote position of the task force on the issue;
(ii) If a Supermajority Vote was not reached, a clear statement of all positions espoused by task force members submitted within the twenty-day timeline for submission of constituency reports. Each statement should clearly indicate (X) the reasons underlying the position and (Y) the constituency(ies) that held the position;
(iii) An analysis of how the issue would affect each constituency of the task force, including any financial impact on the constituency;
(iv) An analysis of the period of time that would likely be necessary to implement the policy; and
(v) The advice of any outside advisors appointed to the task force by the Council, accompanied by a detailed statement of the advisor's (A) qualifications and relevant experience; and (B) potential conflicts of interest.
8. Procedure if No Task Force is Formed
(a) If the Council decides not to convene a task force, the Council will request that, within ten (10) days thereafter, each constituency appoint a representative to solicit the constituency's views on the issue. Each such representative shall be asked to submit a Constituency Statement to the Staff Manager within thirty-five (35) days after initiation of the PDP.
(b) The Council may also pursue other options that it deems appropriate to assist in the PDP, including appointing a particular individual or organization to gather information on the issue or scheduling meetings for deliberation or briefing. All such information shall be submitted to the Staff Manager within thirty-five (35) days after initiation of the PDP.
(c) The Staff Manager will take all Constituency Statements, Public Comment Statements, and other information and compile an Initial Report within fifty (50) days after initiation of the PDP. Thereafter, the PDP shall follow the provisions of Section 9 (Public Comments to the Task Force Report or Initial Report) for creation of a Final Report.
9. Public Comments to the Task Force Report or Initial Report
(a) The public comment period will last for twenty (20) days after posting of the Task Force Report or Initial Report. Any individual or organization may submit comments during the public comment period, including any constituency that did not participate in the task force. All comments shall be accompanied by the name of the author of the comments, the author's relevant experience, and the author's interest in the issue.
(b) At the end of the twenty (20) day period, the Staff Manager will be responsible for reviewing the comments received and adding those deemed appropriate for inclusion in the Staff Manager's reasonable discretion to the Task Force Report or Initial Report (collectively, the "Final Report"). The Staff Manager shall not be obligated to include all comments made during the comment period, including each comment made by any one individual or organization.
(c) The Staff Manager shall prepare the Final Report and submit it to the Council chair within ten (10) days after the end of the public comment period.
(a) Upon receipt of a Final Report, whether as the result of a task force or otherwise, the Council chair will (i) distribute the Final Report to all Council members; and (ii) call for a Council meeting within ten (10) days thereafter. The Council may commence its deliberation on the issue prior to the formal meeting, including via in-person meetings, conference calls, email discussions or any other means the Council may choose.
(b) The deliberation process shall culminate in a formal Council meeting either in person or via teleconference, wherein the Council will work towards achieving a Supermajority Vote to present to the Board.
(c) The Council may, if it so chooses, solicit the opinions of outside advisors at its final meeting. The opinions of these advisors, if relied upon by the Council, shall be (A) embodied in the Council's report to the Board, (B) specifically identified as coming from an outside advisor; and (C) be accompanied by a detailed statement of the advisor's (1) qualifications and relevant experience; and (2) potential conflicts of interest.
11. Council Report to the Board
(a) The Staff Manager will be present at the final meeting of the Council, and will have five (5) days after the meeting to incorporate the views of the Council into a report to be submitted to the Board (the "Board Report").
(b) The Board Report must contain at least the following:
(i) A clear statement of the Supermajority Vote recommendation of the Council;
(ii) If a Supermajority Vote was not reached, a clear statement of all positions held by Council members. Each statement should clearly indicate (A) the reasons underlying each position and (B) the constituency(ies) that held the position;
(iii) An analysis of how the issue would affect each constituency, including any financial impact on the constituency;
(iv) An analysis of the period of time that would likely be necessary to implement the policy;
(v) The advice of any outside advisors relied upon, which should be accompanied by a detailed statement of the advisor's (A) qualifications and relevant experience; and (B) potential conflicts of interest;
(vi) The Final Report submitted to the Council; and
(vii) A copy of the minutes of the Council deliberation on the policy issue, including the all opinions expressed during such deliberation, accompanied by a description of who expressed such opinions.
A Supermajority Vote of the Council members will be deemed to reflect the view of the Council, and may be conveyed to the Board as the Council's recommendation. Abstentions shall not be permitted, thus all Council members must cast a vote unless they identify a direct, personal, financial interest in the outcome of the policy issue. Notwithstanding the foregoing, as set forth above, all viewpoints expressed during the PDP must be included in the Board Report.
(a) The Board will meet to discuss the policy issue at (i) its regularly-scheduled Board meeting or (ii) within twenty (20) days after receipt of the Board Report from the Staff Manager, whichever is sooner or practical.
(i) In the event that the Council is able to reach a Supermajority Vote, the Board shall adopt the policy as per the Council Supermajority Vote recommendation unless more than sixty-six (66%) percent of the Board determines that such policy is not in the best interests of the ICANN community.4
(1) In the event that the Board determines that it does not want to act in accordance with the Council Supermajority Vote recommendation, the Board shall (i) articulate the reasons for its determination in a report to the Council (the "Board Statement"); and (ii) submit the Board Statement to the Council.
(2) The Council shall review the Board Statement for discussion with the Board within twenty (20) days of receipt of such Report. The Council and the Board shall determine the method (e.g. by teleconference, email, or otherwise) to discuss the Council's views on the Board Statement.
(3) At the conclusion of the Council and Board discussions or the end of the twenty (20) day period, whichever is sooner, the Board shall conduct a final vote on the policy issue. A Supermajority Vote of the Board members present against adopting the Council Supermajority Vote recommendation shall be sufficient to carry the issue and result in the enactment of a policy in accordance with the vote.
(ii) In the event that the Council is not able to reach Supermajority, the Board shall conduct a preliminary vote on the policy issue. A majority vote of the Board will be sufficient to carry the issue and result in the enactment of a policy in accordance with the vote, provided that where practicable, the Board will publish a tentative decision that allows for a ten (10) day period of public comment prior to enactment of the policy.
Upon a final decision of the Board, the Board shall, among other things, instruct the Staff Manager and such other ICANN staff as it deems appropriate to take all necessary steps to implement the policy as soon as reasonably practicable.
Throughout the PDP, from policy suggestion to a final decision by the Board, there must be a complete record of (i) the status of; and (ii) all communications regarding, the development of the policy. Accordingly, ICANN staff shall maintain a status web page detailing the progress of each PDP issue, including:
(a) The initial suggestion for a policy;
(b) A list of all suggestions that do not result in the creation of an Issue Report;
(c) The timeline to be followed for each policy;
(d) All discussions among the Council regarding the policy;
(e) All reports from task forces, the Staff Manager, the Council and the Board; and
"Blueprint" means the report of the ERC dated June 20, 2002, entitled "ICANN: A Blueprint for Reform".
"Board" means the ICANN Board of Directors.
"Board Report" means the report submitted to the Board as part of the PDP.
"Board Statement" means the statement setting forth the Board's reasons for determining that a Council Supermajority Vote recommendation will not be in the best interests of the ICANN community.
"Charter" means the document describing the issue, timeline and specific instructions for a Task Force formed as part of the PDP.
"Comment Site" means the web address designated by ICANN staff on which notifications and comments regarding the PDP will be posted.
"Constituency Statement" means a statement from a constituency to the task force chair describing its position on the issue under consideration in a PDP.
"Council" means the GNSO Council.
The word "days" means calendar days, except as otherwise expressly provided.
"ERC" means the ICANN Evolution and Reform Committee.
"Final Report" means the Task Force Report or Initial Report, as applicable, supplemented with public comments collected during the second public comment phase of the PDP.
"First ERC Report" means the report of the ERC dated August 1, 2002, entitled "First Interim Implementation Report".
"Initial Report" means the means the report, consisting of the Constituency Statements, Public Comment Report and other information, prepared by the Staff Manager when no task force is formed, and posted on the Comment Site.
"Issue Report" means the report created by the Staff Manager upon which the Council will vote on whether to initiate the PDP.
"PDP" means the names policy development process described in this document.
"Preliminary Framework" means the "Preliminary Framework of the Names Policy Development Process Assistance Group" dated July 26, 2002.
"Preliminary Task Force Report" means the report, consisting of the Constituency Statements, Public Comment Report and other information, distributed by the task force chair to the full task force for deliberation.
"Public Comment Report" means the report created by the Staff Manager or some other designated representative of ICANN which incorporates public comments collected during the first public comment phase of the PDP.
"Representative" and collectively, the "Representatives" means any task force member and collectively, the task force members, including (i) formal or provisional constituencies representatives, and (ii) outside advisors appointed by the Council.
"Staff Manager" means an ICANN staff person(s) who manages the PDP.
"Staff Recommendation" means a recommendation from the Staff Manager and ICANN General Counsel as to whether the Council should initiate the PDP for a particular issue.
"Supermajority Vote" means a vote of more than sixty-six (66) percent of the members present at a meeting of the applicable body.
"Task Force Report" means the final report of the task force posted on the Comment Site.
1. We understand that as part of a new ICANN, a staff person(s) shall be provided as a resource to manage the names policy development process ("Staff Manager"). This Staff Manager will be responsible for specific tasks identified in the following process, but will also be available to assist the Council as requested by the Council.
2. The group used the 33% number to enable a "concerned minority" of Council members to initiate the PDP. We welcome public comment on whether the threshold should be increased to a majority or higher number.
3. We understand that ICANN will allocate funds from its budget for conducting task force activities. Specifically, the Staff Manager shall, within the five (5) day period, set up a call-in number for all of the task force calls, shall create an e-mail list to be used by the task force members, and shall otherwise implement measures necessary to enable the task force to conduct its activities.
4. The Board's vote hereon will be subject to the oversight mechanisms to be articulated in a separate report.
Council votes for initiation of PDP and whether to create a task force. (Sections 3 (Initiation of PDP) and 4 (Commencement of PDP)).
First public comment period commences. (Section 5 (Public Notification of Initiation of the PDP)).
If a task force is created, GNSO constituencies appoint members to task force. (Section 4(b) (Commencement of PDP; Composition and Selection of Task Forces)).
If task force is not created, GNSO constituencies appoint members to gather information. (Section 8 (Procedure if No Task Force is Formed)).
Charter is completed for task force's work. (Section 6(b) (Task Forces; Task Force Charter or Terms of Reference)).
Task force holds first meeting and appoints a chair. (Section 6(c) (Task Forces; Appointment of Task Force Chair)).
First public comment period ends. (Section 5 (Public Notification of Initiation of the PDP)).
Constituency Statements forwarded to task force chair, or if no task force, to Staff Manager. (Section 6(d) (Task Forces; Collection of Information) and Section 8 (Procedure if No Task Force is Formed)).
Task force chair and Staff Manager compile Preliminary Task Force Report and forward to task force members. (Section 7(a) (Task Force Report)).
Final meeting of task force. (Section 7(b) (Task Force Report)).
Task force chair and Staff Manager compile Task Force Report. (Section 7(c) (Task Force Report)).
If no task force, Staff Manager compiles Initial Report. (Section 8(c) (Procedure if No Task Force is Formed)).
Task Force Report or Initial Report, as applicable, posted for second public comment. (Section 7(c) (Task Force Report) or Section 8(c) (Procedure if No Task Force is Formed)).
Second public comment period ends. (Section 9(a) (Public Comments to the Task Force Report or Initial Report)).
Staff Manager submits Final Report to Council Chair. (Section 9(c) (Public Comments to the Task Force Report or Initial Report)).
Council meets to deliberate and vote on Final Report. (Section 10 (Council Deliberation)).
Staff Manager submits Board Report to ICANN Board. (Section 11 (Council Report to the Board)).
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