April 2005 - council - lists.icann.org

Change to ICANN Bylaws Regarding Number of GNSO Council Representatives
by Bruce Tonkin 18 Apr '05

18 Apr '05

Hello All, The ICANN Board adopted the proposed amendments to the Bylaws as posted (http://www.icann.org/announcements/announcement-18mar05.htm ) which support 3 representatives per constituency, and instructed the President and General Counsel to take such actions as appropriate to implement the amendments. Article X will now read: ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION Section 3. GNSO COUNCIL Section 3: GNSO Council "Subject to the provisions of the Transition Article of these Bylaws, the GNSO Council shall consist of THREE representatives selected by each of the Constituencies described in Section 5 of this Article, and three persons selected by the ICANN Nominating Committee. No two representatives selected by a Constituency shall be citizens of the same country or of countries located in the same Geographic Region. There may also be two liaisons to the GNSO Council, one appointed by each of the Governmental Advisory Committee and the At-Large Advisory Committee from time to time, who shall not be members of or entitled to vote on the GNSO Council, but otherwise shall be entitled to participate on equal footing with members of the GNSO Council. The appointing Advisory Committee shall designate its liaison (or revoke or change the designation of its liaison) on the GNSO Council by providing written notice to the Chair of the GNSO Council and to the ICANN Secretary. The GNSO Council may also have observers as described in paragraph 9 of this Section. " See below for the full Board resolution. Regards, Bruce Tonkin From: http://www.icann.org/minutes/resolutions-08apr05.htm Proposed Change to ICANN Bylaws Regarding Number of GNSO Council Representatives Whereas, one of ICANN's Core Values from Bylaws Article I, Section 2 is "Seeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making." Whereas, the Transition Article (XX) of the Bylaws states that "In the absence of further action on the topic by the New Board, each of the GNSO constituencies shall select two representatives to the GNSO Council...." Whereas the Board resolved in Carthage on 31 October 2003 to change the transition article (Article XX) of the ICANN bylaws to allow each constituency of the GNSO to continue to be represented on the GNSO Council by three representatives per constituency until the end of the ICANN annual meeting in 2004. Whereas the GNSO Council requested that the Board extend the arrangement of three representatives per constituency until the ICANN meeting in Mar del Plata, Argentina (4 - 8 April 2005) in order for the external review to be completed following a public comment period. Whereas, the Board initiated a review of the GNSO Council in 2004 pursuant to Bylaws Article IV, section 4, including, among other aspects of the review criteria, an analysis of the efficacy of having three representatives from each constituency on the GNSO Council. Whereas, the report of the independent consultant that performed the GNSO Council Review recommended that "The Council is working well with three representatives from each constituency. No one who is involved with the Council perceives that having three representatives hinders the workings of the Council." Whereas the GNSO Council's self-review also supported the continuance of three representatives from each constituency. Whereas public comments received on the independent review (22 December 2004 - 24 January 2005) and on the proposed Bylaws amendment (18 March 2005 - 8 April 2005) indicated no significant opposition, and considerable support, for the proposal to maintain three representatives per constituency. Resolved (05.___) the Board adopts the proposed amendments to the Bylaws as posted, and instructs the President and General Counsel to take such actions as appropriate to implement the amendments.

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Proposed date/times for GNSO Council calls
by Bruce Tonkin 15 Apr '05

15 Apr '05

Hello All, Following the meetings in Mar Del Plata and the time zone change, I suggest the following schedule for Council teleconferences: Coordinated Universal Time UTC 12:00 (5:00 Los Angeles, 8:00 Washington DC, 14:00 Brussels, 22:00 Melbourne) 5 May 2005 2 June 2005 23 June 2005 12/13 July 2005 (Luxembourg - date/time to be confirmed) Regards, Bruce Tonkin

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Dot net - conflict GNSO report and evaluator methodology - proposed Council resolution
by Philip Sheppard 12 Apr '05

12 Apr '05

Council, I am concerned that there is a serious flaw in the methodology of the Telcordia report. Background The evaluation ranks Verisign as number one, just above Sentan but "with a numerical edge that is not statistically significant." The ICANN web site informs: "ICANN will promptly enter negotiations with the top-ranked applicant to reach a mutually acceptable registry agreement". The essence of the GNSO dot net report was: 1. All applicants must meet "absolute criteria of stability, security, technical and financial competence". The Evaluators report states: "All vendors met the absolute criteria and have been evaluated solely on the basis of the relative criteria." So far so good. In the GNSO report we stated that the number one relative criteria was: 1. Relative Criteria related to promotion of competition Maximization of choice for DNS users. Once an applicant has qualified by meeting baseline stability, technical and financial criteria, preference should be given to proposals that are evaluated to further the following goals within the ICANN mission: "Where feasible and appropriate, depending on market mechanisms to promote and sustain a competitive environment" And, "Introducing and promoting competition in the registration of domain names where practicable and beneficial in the public interest". And we then provided additional guidance: Pricing and costs Price is here defined as the registry price (currently $6.00). Once an applicant has qualified by meeting the absolute criteria, preference should be given to proposals offering lower overall costs to the registrar including the registry price.. - Preference should be given to migration and operational strategies that minimise costs. - Innovation and value. It is possible that applications will offer innovation or new services and hence effect the value proposition. An assessment based on price should be balanced with the value proposition offered. Any proposed innovation or new services: -should be described, -together with an assessment of the value of them to the effected stakeholders (typically registrants or registrars), -and applicants must demonstrate their capability to offer such services based on their prior experience in this area. Yet the evaluators report weighted this top relative criteria as "medium" and under the category of "additional relative criteria". In this category (2.7) it scores all vendors equally. The evaluators report used a scoring system which was biased towards multiple technical criteria even though the central message of the GNSO report was that competition was the most important factor once technical/financial/security criteria were of a satisfactory standard. Conclusion The methodology of the evaluator's report directly contradicts the essence of the GNSO report. Proposed resolution for the GNSO Council meeting in Mar del Plata "Given that there is a fundamental contradiction between the dot net evaluator's methodology and the GNSO dot net report, and that this contradiction has a significant commercial impact, the GNSO Council calls on the ICANN Board to delay any negotiation with any vendor until a comparison of the evaluator's report with the GNSO report can be made in particular with respect to the ICANN core value of promoting competition". Philip Sheppard GNSO Council

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Election of Michael Palage to ICANN Board seat #14
by Bruce Tonkin 06 Apr '05

06 Apr '05

To: ICANN Secretary From: GNSO Council Chair Hello John, In accordance with Article X, Section 3, paragraph 6: "The GNSO Council shall make selections to fill Seats 13 and 14 on the ICANN Board by written ballot or by action at a meeting; any such selection must have affirmative votes comprising a majority of the votes of all the members of the GNSO Council. Notification of the GNSO Council's selections shall be given by the GNSO Chair in writing to the ICANN Secretary, consistent with Article VI, Sections 8(4) and 12(1)." I hereby announce that Michael Palage was elected unanimously by the GNSO Council, at its meeting in Mar Del Plata on 6 April 2005, to fill ICANN Board seat 14. Regards, Bruce Tonkin Chair, GNSO Council

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Revised GNSO Council meeting agenda
by Maria Farrell 06 Apr '05

06 Apr '05

The attached agenda reflects the changes Bruce Tonkin announced and had agreed at the beginning of this meeting. This is what's being projected in the meeting room and it is being circulated to you to help those participating remotely. Maria

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Information about E-Commerce Directive
by Maria Farrell 06 Apr '05

06 Apr '05

Here's the information promised about the E-Commerce Directive. A point about required information to be provided on commercial and non-commercial websites came up during the DENIC pressentation on WHOIS. This information tries to explain the EU-wide requirement that contact information be provided on commercial websites. Paragraph 17 of the recital (on page 3) describes what's meant by an 'information society service provider', generally understood to be a commercial venture; "any services normally provide for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of the service". There is a description of different possible kinds of information society service providers in paragraph 18 of the recital. Article 5 of the Directive proper (on page 10) on 'general information to be provided' describes the information required. It's required to be easily accessible, but there's no ongoing accuracy requirement. The full text of the directive is at http://europa.eu.int/eur-lex/pri/en/oj/dat/2000/l_178/l_17820000717en0001001 6.pdf all the best, Maria

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RE: [council] do remote councilors have Presentations?
by Maria Farrell 06 Apr '05

06 Apr '05

-----Original Message----- From: Maria Farrell [mailto:maria.farrell@icann.org] Sent: Wednesday, April 06, 2005 9:26 AM To: 'alick.wilson(a)xendra.co.nz'; 'Marilyn Cade'; 'Glen De Saint Géry' Cc: 'council(a)gnso.icann.org'; 'Bruce Tonkin' Subject: RE: [council] do remote councilors have Presentations? Here is the SnapNames presentation that's currently being webcast. Maria -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Alick Wilson Sent: Wednesday, April 06, 2005 9:01 AM To: 'Marilyn Cade'; 'Glen De Saint Géry' Cc: council(a)gnso.icann.org; 'Bruce Tonkin' Subject: RE: [council] do remote councilors have Presentations? Hi Marilyn, watching webcast but don't have PowerPoint file. Alick -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, 6 April 2005 11:54 p.m. To: 'Glen De Saint Géry' Cc: council(a)gnso.icann.org; 'Bruce Tonkin' Subject: [council] do remote councilors have Presentations? I hope as much as possible remote councilors are able to watch the presentations on deleted/expiring names. I think there are some important topics being discussed. My primary question is whether the remote councilors have the PowerPoints?

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[Fwd: Proposal for Deleting Domain Names]
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 06 Apr '05

06 Apr '05

Please find Dave Stewart's power point presentation "Proposal for Deleting Domain Names" at the GNSO public forum Wednesday 6 April 2005. -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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RE: GNSO Council Teleconference 17 March dial-in details
by Alick Wilson 06 Apr '05

06 Apr '05

Glen, I will be attempting to dial in to GNSO public forum and Council meeting today, while simultaneously watching it on webcast. However, in the event of technical difficulties, my proxy to Maureen. Maureen, thanks for voting my proxy as you see fit. Cheers, Alick

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RE: [council] GNSO minutes on web site
by Bruce Tonkin 06 Apr '05

06 Apr '05

Hello Philip, It is probably not an obvious place, but the minutes/agendas etc are archived at: http://www.gnso.icann.org/calendar/ Regards, Bruce Tonkin > -----Original Message----- > From: owner-council(a)gnso.icann.org > [mailto:owner-council@gnso.icann.org] On Behalf Of > philip.sheppard(a)aim.be > Sent: Tuesday, 5 April 2005 2:32 PM > To: webmaster(a)icann.org > Cc: council(a)gnso.icann.org > Subject: [council] GNSO minutes on web site > > Hello, webmaster, > -a post MdP request. > > I cannot easily find approved GNSO Council meeting minutes on > the website. > Are these archived ? If so please add a link on the GNSO home page. > > The only way I can find them is to look at the mail list > archive - this is less then efficient! > > Let me know plese when this change can be made. > > Philip Sheppard >

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