May 2006 - council - lists.icann.org

GNSO Council Meeting: Shinkuro
by Liz Williams 18 May '06

18 May '06

Colleagues In the interests of continuing to help the Council test new technology ideas that facilitate participation, I have set up a GNSO 18 May 2006 Group on the GNSO Shinkuro website. I have "invited" all the Council members to be members of that group. If you would like to use the Shinkuro system -- to further test its capabilities; to read the agenda and the two proposed motions -- please "accept" my invitation to join the group. After you've done that, you will then be able to see the files, use the conversation tool and, if we need to, share computer screens. Of course, any questions come straight back to me. Liz PS I am in the Marina del Rey office until tomorrow (Thursday) afternoon. Phone: +1.310.823.9358 ..................................................... Liz Williams Senior Policy Counselor ICANN - Brussels +32 2 234 7874 tel +32 2 234 7848 fax +32 497 07 4243 mob

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Attention Chair, GNSO Council - Appointment of Denise Michel as Vice President, Policy Development
by Paul Twomey 17 May '06

17 May '06

Dear Bruce, I would appreciate it if you could pass on the following announcement to all members of the Council: ------------------- I am pleased to inform you that Denise Michel has been appointed as Vice President - Policy Development after an intensive recruitment process from a strong candidate list both internally and externally. Denise has been appointed by an official candidate panel which included SO Chairs, Bruce Tonkin and Chris Disspain. Denise has been contributing her expertise and leadership to ICANN for over five years as a consultant and as Executive Director, At-Large. In her new position, Denise will oversee ICANN's bottom-up, consensus-based policy process, including promoting the development and assessment of policy to coordinate the management of the technical elements of the Domain Name System, managing support for ICANN stakeholders' policy-related efforts, and encouraging diverse and international participation in ICANN's policy process. Denise will be based in Brussels. Before her work with ICANN, she founded and led a successful technology company that provided Internet-based merchandising and operational inventory systems, which she sold in 2000. Prior to starting this company, she was appointed by U.S. President Clinton as the Senior Policy Advisor to the U.S. Secretary of Commerce. During her tenure there she had broad responsibilities for creating and implementing that country's first comprehensive Internet initiative. Prior to her administration service, Denise built a technology policy division for an alliance of 3000+ U.S. high-tech companies, managed policy and communications for a variety of international initiatives at the National Science Foundation, and was responsible for numerous policy projects while working in the U.S. Senate. Denise will be assuming her new responsibilities immediately. She can be reached at <denise.michel(a)icann.org> and +1.310.823.9358. Dr Paul Twomey President and CEO ICANN www.icann.org work: +1 310 823 9358 fax: +1 310 823 8649 paul.twomey(a)icann.org

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RE: [council] ICANN meeting in Marrakesh
by Cubberley, Maureen (CHT) 17 May '06

17 May '06

We will need to schedule time for PDP Feb-06. Glen, I will send a separate email to you regarding logistics. Hanks, Maureen -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of GNSO.SECRETARIAT(a)GNSO.ICANN.ORG Sent: Wednesday, May 17, 2006 3:18 AM To: council(a)gnso.icann.org Subject: [council] ICANN meeting in Marrakesh [To:council[at]gnso.icann.org] Dear Council Members, There will be GNSO meetings on Saturday, June 24 and Sunday, June 25 in Marrakesh. Among the items to be discussed will be IDNs, GNSO Review, PDP Dec05. A block of rooms is being held for GNSO Council members (including those who are nominating committee appointees) at the Mansour Eddahbi hotel. www.hotel-mansoureddahbi.com. Each person is responsible for his/her own costs, except those nominating committee appointees sponsored by ICANN. Please let me know, off the list whether you will be attending in person, your dates of arrival and departure, and if not attending in person, whether you will be participating remotely. Thank you very much. Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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ICANN meeting in Marrakesh
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 17 May '06

17 May '06

[To:council[at]gnso.icann.org] Dear Council Members, There will be GNSO meetings on Saturday, June 24 and Sunday, June 25 in Marrakesh. Among the items to be discussed will be IDNs, GNSO Review, PDP Dec05. A block of rooms is being held for GNSO Council members (including those who are nominating committee appointees) at the Mansour Eddahbi hotel. www.hotel-mansoureddahbi.com. Each person is responsible for his/her own costs, except those nominating committee appointees sponsored by ICANN. Please let me know, off the list whether you will be attending in person, your dates of arrival and departure, and if not attending in person, whether you will be participating remotely. Thank you very much. Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Response of General Counsel to request to check eligibility of Board candidates
by Bruce Tonkin 15 May '06

15 May '06

To: Chair, GNSO Council From: ICANN General Counsel & ICANN Board Secretary Bruce, I have received your request and reviewed the available information about the proposed nominees for the GNSO's appointment on the ICANN Board. I have reviewed only the information available and did not conduct background checks, consider the impact of potential conflicts or review personal information. All of your nominees except one appear to be eligible to stand for the board seat according to my review. It is important to note, however, that my review led me to a determination that one nominee, Marilyn Cade, is ineligible to stand for the board during this mid- term election process, due to her conflicting service with the 2006 Nominating Committee. Even though Ms. Cade has stepped down from her position on the Nominating Committee, the ICANN Bylaws at Article VII, Section 8 clearly and unambiguously state that a person who serves on the Nominating Committee, even after such service has ended, shall not be eligible for a board seat until the end of the next Annual Meeting. More information about my review of this has been set out and challenged by Ms. Cade in a reconsideration request that was made to the ICANN Reconsideration Committe of the Board. As you are aware from her public comments she had also asked the Reconsideration Committee to "stay" the GNSO election process. Her Reconsideration Request is posted at http://www.icann.org/committees/reconsideration/cade-request-03may06.htm The Reconsideration Commitee held a meeting to discuss this issue on 9 May 2006 and made a recommendation to the ICANN Board on this issue. The Reconsideration Committee acted in an expedited fashion in order to allow the GNSO to move forward with its election process as quickly as possible so that the vacant board seat on the ICANN Board will be filled promptly. The Reconsideration Committee's recommendation was as follows: "The committee concludes that there are no grounds for reconsideration, as Article VII, Section 8, is clear that Ms. Cade cannot, under any circumstances, become eligible to fill the current midterm vacancy on the ICANN Board without a change to the applicable bylaws. Moreover, Article VII, Section 8, does not allow flexibility to consider "exigent circumstances" under any situation. Given that this committee has considered the Request and made its recommendation, we see no reason to respond to the stay request." The full text of the recommendation, history and analysis are posted publicly at http://www.icann.org/committees/reconsideration/reconsideration-recommen dation-06-3.htm Additionaly, the ICANN Board during its Special Meeting on 10 May 2006 considered the Reconsideration Commitee's recommendation and ratified it by a vote of 13-0 with one abstention, details of that vote will be posted on the ICANN website shortly. I hope that this clarifies my position regarding your nominees for board seat 14 and please do let me know if there is anything else that my office can assist you in relating to this process. best regards, John Jeffrey General Counsel & Secretary ICANN

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FW: Regarding nominations for ICANN Board seat 14
by Bruce Tonkin 14 May '06

14 May '06

To: John Jeffrey, ICANN Secretary and General Counsel From: Bruce Tonkin, Chair of the GNSO Cc: GNSO Council Dear John, The nomination period for the GNSO election for ICANN Board seat #14 has now closed. The GNSO Secretariat has posted the list of nominations to the Council list, available at: http://www.gnso.icann.org/mailing-lists/archives/council/msg02460.html Please review the eligibility of the candidates against the relevant provisions in the ICANN bylaws. I would appreciate it if you could respond by Friday 12 May 2006. Regards, Bruce Tonkin

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Voting Transcript from Board meeting
by Bret Fausett 14 May '06

14 May '06

http://www.icann.org/minutes/voting-transcript-10may06.htm Includes discussion of .TEL, .XXX and Marilyn Cade's Reconsideration Request. -- Bret

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Online Workshop Ideas
by Bret Fausett 12 May '06

12 May '06

The key to a successful online workshop is for people to give the same time and attention to the work online as they would give to a face-to-face meeting. We would also need the assistance of the GNSO's Staff members to facilitate the workshop. Here's one conception of what an online work session might look like: Pre-Workshop: Each Council member reads the public comments, constituency reports and submitted papers on the Terms of Reference. (Time estimate 4-6 hours) Monday, Day 1: Each Council member drafts his or her own contribution in response to the various items in the Terms of Reference. To the extent they thought appropriate, councilors could work within their constituencies, or divide work among multiple constituencies, to prepare responses. (Time estimate: 3-4 hours per Council member.) By the end of the first day, council members could either submit their responses to Staff by e-mail or place them directly on a wiki page. Staff would create a web or wiki page for each submission, identifying the Council member or members who worked on a submission. Tuesday, Day 2: Each Council member reads the responses submitted on the previous day and posts questions, comments or responses. (Time estimate: 3-4 hours per Council member.) At the end of the second day, staff updates the web or wiki page for each submission with the questions and comments. Wednesday, Day 3: Council members read all of the questions, comments, and responses, submitted with respect to both their own original submission and all other submissions. Council members revise their original submissions to clarify or modify their original responses. Council members also answer any questions, either in a modification to their original submission or in a separate Q&A section. (Time estimate: 3-4 hours per Council member.) Thursday and Friday, Days 4-5: Staff Work Days. Staff reviews all submissions, questions, amendments, etc. posted over the first three days. Staff looks for common threads, shared values, etc. to prepare a report of agreed items. Staff also identifies areas of disagreement. To the extent that items are contested, Staff tries to identify majority and minority positions. By the end of Day 5, Staff posts a paper summarizing the submissions, identifying areas of consensus and majority and minority positions on contested issues. Most importantly, in the posted paper, Staff suggests possible compromises among various positions on contested items in an attempt to narrow any areas of disagreement. Weekend, Days 6-7: Councilors read the Staff paper. Monday, Day 8: Each Council member drafts responses to Staff paper. The primary purpose of the response is to address any inaccuracies in the Staff report and to respond to any proposals for compromise. (Time estimate: 3-4 hours per Council member.) Tuesday, Day 9: Real-time conference call to review status of work and discuss areas of agreement. (Time estimate: 2 hours) Staff work day following conference call. Wednesday, Day 10: Staff posts final paper, revising it to include corrections submited by Council members and responses to compromise proposals. Thursday, Day 11: Council votes on whether the report accurately summarizes the discussions. If approved, the report is posted on the ICANN and GNSO web pages for public comment. ----------- This sort of online work would take the same level of effort we would give to a three-day work session, with travel, and distribute it over approximately a two-week period. We would each work on our own time and in our own locations, but we would agree to perform the day's designated task within the set 24-hour period. -- Bret

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Draft GNSO Council Agenda for Thursday 18 May 2006
by Bruce Tonkin 11 May '06

11 May '06

Hello All, Below is a draft agenda for the Council meeting on 18 May 2006. I have held off inviting ICANN Board candidates for Board seat #14 to speak to the Council, until we have some more certainty on the timing of the re-consideration request, and the business constituency have had time to consider appointing Council members for the purpose of the election. The next steps will be discussed and agreed upon as part of item 9 of the agenda. Although the agenda appears long - most of the items are status reports. Regards Bruce Draft Agenda for Council meeting - Thursday 18 May 2006 Coordinated Universal Time UTC 12:00 (5:00am Los Angeles, 8:00am Washington DC, 9:00am Buenos Aires, 13:00 London, 14:00 Brussels, 19:00 Phnom Penh, 22:00 Melbourne, 00:00 Auckland) Item 1: Update any statements of interest Item 2: WHOIS task force membership Proposed motion 1: "The GNSO Council appoints Jordyn Buchanan as a non-voting outside adviser to the WHOIS Task force under Annex A, Section 5(a) of the ICANN bylaws. Jordyn is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force." Proposed motion 2: "The GNSO Council appoints Avri Doria as a voting outside adviser to the WHOIS task force under Annex A, Section 5(a) of the ICANN bylaws. Avri is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force. Item 3: Update on WHOIS task force activities Item 4: IDN issues report - agree next steps - e.g relating to the formation of a working group to review the issues and develop a terms of reference for a new PDP Item 5: Update on PDP-Feb06 - Contractual conditions for existing gTLDs - Dr Liz Williams Item 6: Update on PDP-Dec05 - new gTLDs - Dr Liz Williams Item 7: Update on GNSO meeting procedures Item 8: Update on GNSO review - Dr Liz Williams Item 9: Process and timing of next steps for the GNSO election Item 10: Update on planning for Morocco meeting - hotel arrangements, use of weekend prior to the meeting. Regards, Bruce Tonkin

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Restrictions that apply to Council members that are nominated as candidates for ICANN Board Seat #14
by Bruce Tonkin 11 May '06

11 May '06

Hello All, We have two nominated candidates, Marilyn Cade and Philip Sheppard, who are current serving members of the GNSO Council. There is a clause related to this situation, in Article VI (Board of Directors), Section 4 (Additional qualifications), clause 2: "2. No person who serves in any capacity (including as a liaison) on any Supporting Organization Council shall simultaneously serve as a Director or liaison to the Board. If such a person accepts a nomination to be considered for selection by the Supporting Organization Council to be a Director, the person shall not, following such nomination, participate in any discussion of, or vote by, the Supporting Organization Council relating to the selection of Directors by the Council, until the Council has selected the full complement of Directors it is responsible for selecting. In the event that a person serving in any capacity on a Supporting Organization Council accepts a nomination to be considered for selection as a Director, the constituency group or other group or entity that selected the person may select a replacement for purposes of the Council's selection process." Note particularly the second sentence above, as at our next conference call we may be discussing the process going forward etc. This would also have an impact on voting. The relevant constituency may wish to consider a mechanism of appointing different people to the Council for the purpose of the election (ie I assume a Council member may need to resign for the election period, the constituency appoint a new member for the election period, and then re-appoint the Council member if that member is unsuccessful in the election). Regards, Bruce Tonkin

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