Draft Agenda for GNSO Council Meeting – 12 April 2012

This agenda was established according to the GNSO Council Operating Procedures approved 22 September 2011 for the GNSO Council and updated.
http://gnso.icann.org/council/gnso-operating-procedures-16dec11-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 11:00 UTC

Coordinated Universal Time 11:00 UTC
04:00 Los Angeles; 07:00 Washington; 12:00 London; 13:00 Paris; 20:00 Tokyo

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

GNSO Council meeting audiocast

http://stream.icann.org:8000/gnso.m3u

Item 1: Administrative matters (10 minutes)

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:

Draft Minutes of the GNSO Emergency Meeting 26 March 2012

http://gnso.icann.org/mailing-lists/archives/council/msg12873.html

to be approved on 12 April 2012-04-04

Draft Minutes of the GNSO Public meeting 14 March 2012

To be approved on

1.5. GNSO Pending Projects List
http://gnso.icann.org/meetings/pending-projects-list.pdf

· Review main changes.

· Comments and/or questions.

Item 2: Consent agenda (5 minutes)

A consent agenda item is being added as a standard agenda item to provide for a simplified process to obtain Council approval on specific tasks.

Item 3: Thick Whois Policy Development Process (PDP)10 minutes)

The GNSO Council initiated a PDP at its meeting on 14 March. However, considering other circumstances, the GNSO Council is of the view that the next steps in this PDP (formation of a drafting team to develop a charter) is not timely and that it may be preferable to delay until the .COM negotiations have been completed. This motion provides for that delay.

Refer to motion 1:
https://community.icann.org/display/gnsocouncilmeetings/Motions+12+April+2012

3.2 Reading of the motion (Stéphane van Gelder)

3.3 Discussion
3.3 Vote

Item 4: Request an Issue Report on the protection of names and acronyms of IGOs

Refer to motions 2 & 3:

https://community.icann.org/display/gnsocouncilmeetings/Motions+12+April+2012

4.1 Reading of motion 2 (Thomas Rickert)

4.2 Discussion

4.3 Vote

4.4 Reading of motion 3 (Mary Wong)

4.5 Discussion

4.6 Vote

Item 5: GNSO Council comment on .COM contract renewal (10 minutes)

In its announcement on the .COM contract renewal dated 27 March 2012 (http://www.icann.org/en/news/announcements/announcement-27mar12-en.htm) ICANN states that the question of transitioning a large existing registry to thick WHOIS has been recognised by the GNSO as raising operational and other issues that require further discussion and consideration (http://www.icann.org/en/news/announcements/announcement-27mar12-en.htm).

So Council discussions are being cited as the rationale for the fact that the 2012 .COM contract contains no obligations on the registry operator to switch to a thick WHOIS format. Considering the debate that went on at Council level on this issue, the Council may deem this to be a misrepresentation of the truth. If so, the Council may then wish to draft a statement outlining this and direct the Chair to send it to the Board.

5.1 Discussion

5.2 Next steps

Item 6: Uniformity of reporting (10 minutes)

In its meeting on 6 October 2011, the GNSO Council resolved to request ‘the ICANN Compliance Department to report on existing systems, to report and track violations and/or complaints; improvements / changes made since the RAPWG Report or foreseen in the near future, and: identify gaps and any improvements that might be desirable but not foreseen at this stage. Further consideration of this Meta Issue, including the recommendations and considerations of the RAP WG in this regard, is deferred pending receipt of such information from the ICANN Compliance Department’. On 18 March, ICANN's Compliance Department submitted its report (see http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-uniformity-16mar12-en.pdf). The Council is expected to review the report and discuss possible next steps, including the recommendations and considerations of the RAP WG in this regard.

Refer to report:
http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-uniformity-16mar12-en.pdf

6.1 Discussion

6.2 Next steps

Item 7: Update on RAA Final Issue Report and Status of Negotiations (10 minutes)

Staff will provide a brief overview of the Final Issue Report on the RAA Amendments and the Status Report on the RAA negotiations, and discuss the next steps for the GNSO Council.

7.1 Update (Margie Milam)

7.2 Discussion

Item 8: Update on the new PDP (10 minutes)

In December 2011, the ICANN Board adopted, on the recommendation of the GNSO Council, the revised GNSO Policy Development Process. This session is to introduce the revised GNSO PDP and explain its new features in detail.

Introduction to Revised Policy Development Process (PDP)

http://gnso.icann.org/correspondence/intro-revised-gnso-pdp-14mar12-en.pdf

8.1 Update (Marika Konings)

8.2 Discussion

Item 9: 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): 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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Glen de Saint Géry

GNSO Secretariat

gnso.secretariat@gnso.icann.org

http://gnso.icann.org