January 2007 - council - lists.icann.org

Domain Name Marketplace Workshop -- Council and constituency members' participation strongly encouraged
by Denise Michel 21 Mar '07

21 Mar '07

Your participation in the Domain Name Marketplace Workshop, scheduled for 9:30-12:30 on 27 June in the Salle des Ministres, is strongly encouraged. The workshop will enable ICANN stakeholders to share information about changes and trends in the domain name market. Specifically, it was organized to: provide additional information on the numerous ways value is derived from domain names and how the domain name marketplace has changed in recent years; answer questions about the appropriateness of some of these activities; and help ensure that policy decisions and potential contractual amendments are made with an understanding of the broader impact that such changes may have on market activities. The proposed agenda is posted at <http://icann.org/meetings/marrakech/dn-workshop-27jun06.htm>. Audience members will have opportunities to raise issues, ask questions, and interact with the panel. If you are unable to participate, please share your comments and questions regarding topics covered in the workshop via email to <dn-market-comments(a)icann.org>. Regards, Denise Michel Vice President, Policy Development ICANN denise.michel(a)icann.org

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Response from GoDaddy regarding action taken with respect to a .org domain name
by Bruce Tonkin 19 Feb '07

19 Feb '07

Hello All, Earlier this week there was a posting about a specific case of action taken by a registrar over a domain name. I don't think the Council list is the appropriate place for discussing specific disputes, but rather the list should be used to highlight general issues that apply to multiple situations which may require policy action. Given that there is a public posting on this list, I gave the Registrar, GoDaddy, the right of reply. See below. Regards, Bruce Tonkin -----Original Message----- From: Tim Ruiz, Vice President, Corporate Development & Policy, GoDaddy We believe, under the circumstances, that we took the appropriate action. This was not about "a controversial speaker" or freedom of speech. This was about inappropriately acquired MySpace credentials being made public. The posted credentials exposed tens of thousands, many no doubt minors, to potential harm. The site publisher could not be reached and we took the appropriate action as allowed under our Registration Agreement and Terms of Service. We stand behind our actions. The author of this note, and the NCUC chair that decided to forward it to the Council list, have indicted us in the very same manner they are accusing us of. They have not even attempted to contact us for an explanation, and have ignored our own response to the CNET News.com article. In fairness, we ask that the Council also consider our response, as well as the responses of others who have taken a different view of our actions. GoDaddy Response: http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=2… As awful as this article describes GoDaddy...: http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=2… Im sick...: http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=2… Am I in the Twilight zone here???: http://news.com.com/5208-1025_3-0.html?forumID=1&threadID=24518&messageID=2… (This response is apparently from a MySpace user as indicated from a post on her blog, linked to in the above response.) Tim Ruiz Vice President Corporate Development & Policy GoDaddy.com --------------------------------------------------------- -----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: Monday, 29 January 2007 7:35 PM To: 'Council GNSO' Subject: [council] [Fwd: [Fwd: [NCUC-DISCUSS] Recent Actions By Go Daddy]] The Chair of the NCUC has asked that the mail below be circulated on the Council list. Thank you. Glen -------- Original Message -------- Subject: [NCUC-DISCUSS] Recent Actions By Go Daddy Date: Fri, 26 Jan 2007 10:53:30 -0500 I would like to draw attention to the recent actions of the Go Daddy registrar in its decision to pull a .org domain name at the request of social networking site myspace.com because a third party had placed on the site a list of passwords and accounts of myspace users. http://news.com.com/2100-1025_3-6153607.html This strikes me as a serious abuse of power by a registrar, and should alarm the users of this constituency. If registrars can exercise such unrestrained authority over registrants, then no controversial speaker is safe. If there is not already a procedure for addressing this, I would strongly urge this constituency to take appropriate action. Harold Feld -- Carlos A. Afonso diretor de planejamento Rits - Rede de Informações para o Terceiro Setor *************************************************************** Projeto Sacix - Apoio técnico a iniciativas de inclusão digital com software livre, mantido pela Rits em colaboração com o Coletivo Digital. Para mais informações: www.sacix.org.br www.rits.org.br www.coletivodigital.org.br *************************************************************** -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Travel support for February GNSO meeting in Marina del Rey
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 09 Feb '07

09 Feb '07

Dear Council and Constituency members, In order to facilitate GNSO's policy development activities, ICANN will provide travel support for the Marina del Rey GNSO meeting/s (22-25 February 2007) for one representative of each GNSO constituency, the NomCom-appointed Council members, the GNSO Liaisons, and the Chair, as needed. The terms of this travel support, which are outlined below and will be coordinated by Glen, are the same as those used for the GNSO's Amsterdam intersessional meeting last year. Please contact Glen directly with any questions. Regards, Denise Denise Michel Vice President, Policy Development ICANN www.icann.org denise.michel(a)icann.org 1. Designated Council members need to contact Glen <gnso.secretariat(a)gnso.icann.org> directly to confirm travel support. Each traveler must complete a travel request form (attached) outlining: • Dates of departure and return • Destination • Purpose of trip • Estimated costs • Projected outcomes Email completed forms to <gnso.secretariat(a)gnso.icann.org> who will facilitate ICANN approval. 2. Once your travel is approved, please contact ICANN's travel agent directly to arrange for the booking and purchase of your airline ticket: Nadine Davidson TravelStore Platinum 11601 Wilshire Blvd. Ste. 325 Los Angeles, CA 90025 USA (310)575-5540 x 15419 (310)575-5541 fax Nadine.D(a)TravelStoreUSA.com If other travel arrangements are needed (train, etc.), please alert <gnso.secretariat(a)gnso.icann.org> The meeting will be held at the Courtyard by Marriott, Los Angeles Marina del Rey, 13480 Maxella Avenue, Marina del Rey, CA 90292. The rooms are 129 US$ per night, excluding tax, but including free Internet connectivity. Breakfast is not included but there will be a generous snack with the welcome coffee in the morning. Rooms have been reserved for the participants so as soon as you know your travel plans, please let <gnso.secretariat(a)gnso.icann.org> know so that the hotel bookings can be confirmed with your dates. 3. ICANN will pay for the following: • Economy-class travel booked by an ICANN travel agent or by the traveler at the lowest possible cost; • Accommodations at a hotel pre-selected by ICANN. All other costs will be borne by the traveler including meals, local travel and related incidentals. In the case of an upgrade, ICANN will pay up to the cost of an economy-class ticket as quoted from an ICANN travel agent. In the case where two consecutive trips are taken (one funded by ICANN and one non-related/personal) ICANN will pay the lower of the two airline segments to and from the meeting or the equivalent of a round-trip economy-class ticket from the point of origin to the meeting. 4. Upon completion of the trip, each traveler is asked to acknowledge full participation in the Council meeting by sending a brief email to Glen describing the value realized from the trip, and providing any suggestions they may have for improving such meetings. There will be remote participation and details will follow. Kindly inform <gnso.secretariat(a)gnso.icann.org> as soon as possible whether you will be participating remotely and the details will follow. The meeting agenda is being developed and will be posted as soon as it is available. Thank you, Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Updated 2007 GNSO Council Statements of Interest
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 01 Feb '07

01 Feb '07

[council[at]gnso.icann.org] Dear All, Please find the updated 2007 Statements of Interest for the GNSO Councillors. They are ordered according to constituencies: 1. Registrar Constituency 2. Commercial and Business Users Constituency 3. Internet Service Providers and Connectivity Providers Constituency 4. Non Commercial Users Constituency 5. Intellectual Property Interests Constituency 6. gTLD Registries constituency 7. Nominating Committee appointees to the GNSO Council Please let me know if there are any other updates you would like made. Thank you very much. Kind regards, Glen ...................................................................... Registrar Constituency Bruce Tonkin - Registrar Constituency - GNSO Council chair I am employed full-time as Chief Technology Officer by Melbourne IT Limited. Melbourne IT has a registrar accreditation agreement with ICANN. Melbourne IT also has a contractual relationship with most gtld registries (for a current list see http://www.icann.org/registrars/accredited-list.html), and many cctld registries as a registrar. .................................................................... Ross Rader - - Registrar Constituency I am the Director of Research and Innovation for Tucows Inc., an ICANN accredited registrar and Internet services vendor. Tucows is a minority shareholder in Afilias LLC, with roughly an 8% shareholding. Neither Tucows, nor I, is in possession of, nor have access to Registry Sensitive or Registry Proprietary information as defined by any relevant registry operating contracts as a result of this relationship. Tucows provides consulting and application hosting services to other registrars and Internet services providers. I am not an officer, director, consultant, or employee of any of these customer organizations nor am I specifically involved in providing services to them. The URL for this statement is: http://www.byte.org/blog/_WebPages/StatementofInterestsforRossRader.html ........................................................................ Thomas Keller - - Registrar Constituency I'm a full time employee of Schlund+Partner AG. Schlund+Partner AG is ICANN accredited and is conducting business with almost all major gTLDS and ccTLDs. Schlund holds a minority share in Afilias LLC for investment purposes.Besides domain name registrations Schlund is mainly offering webhosting and email services to end users. I'm a member of the DENIC Technical Advisory Council. ....................................................................... ....................................................................... Commercial and Business Users Constituency Philip Sheppard - Commercial and Business Users Constituency I am Public Affairs Manager for AIM - European Brands Association, a Brussels-based trade association involved in public affairs activities. AIM represents the branded goods industries in Europe on key issues which affect the ability of brand manufacturers to design, distribute and market their brands. AIM's membership groups 1800 companies of all sizes through corporate members and national associations in 21 countries. These companies are mostly active in every day consumer goods. AIM's mission is to create for brands an environment of fair and vigorous competition, fostering innovation and guaranteeing maximum value to consumers. I hold various non-remunerated directorships unrelated to ICANN. I am a contact point for several domain names. Honorary positions: - President 2007 International Public Relations Association (IPRA), the global professional association for the PR profession. - I am a Freeman of the City of London. ...................................................................... Mike Rodenbaugh - Commercial and Business Users Constituency I am employed full-time by Yahoo! Inc., as Senior Legal Director. I have been elected to the GNSO Council by the Commercial and Business Users Constituency. Yahoo! is a leading global Internet brand and one of the most trafficked Internet destinations worldwide. Yahoo!'s mission is to connect people to their passions, their communities, and the world's knowledge. I engage ICANN issues from Yahoo!'s perspective as a premier online brand and diversified business, highly valuing the perspectives of our customers, partners and users. Yahoo! has hundreds of thousands of online business customers and partners which advertise and provide services to our global audience. We are interested in seeing all of these businesses succeed and grow. These businesses work with Yahoo! because we have earned one of the world's largest audiences, requiring that the 'user perspective' remain extremely important to us always. And, of course Yahoo! is a famous brand that is extremely challenging to protect and enforce online, worldwide. I believe businesses of all types and sizes share our interest in the rapid growth of internet commerce, balanced with fair protection of existing property interests. I look forward to working with the Council to address the many serious issues that existing businesses encounter as a result of ICANN policy. ............................................................................ ISPCP Constituency Anthony Harris - ISPCP Constituency I am under contract as full time executive director of CABASE, a non-profit Internet industry association, incorporated as such in Argentina since 1999. - consulting work done for ICANN - NONE - consulting work done for a gtld or cctld registry, or current applicant to become a gtld or cctld registry - NONE - consulting work done for a registrar - NONE - employment with a registry or registrar - NONE .......................................................................... Greg Ruth - ISPCP Constituency I am a Senior Consultant for Verizon Business, a global communications, security and technology provider. My duties consist primarily of providing consulting services. As a multi-national organization, Verizon Business has many customer and vendor relationships, and some of those relationships may include ICANN accredited registrars, registries as well as members of other GNSO constituencies. In the normal course of my duties, I have no knowledge of which ICANN related organizations my company is contractually involved with. My position and responsibilities in Verizon Business do not allow me any decision making power, personal involvement, responsibility or other interest in determining or carrying out the contractual relationships in which my company enters. As a global network provider, my company's interest in ICANN is for the security and stability of the Internet. I do not have any relationships or duties outside my company that would involve any issues of interest to or conflict with ICANN, and my duties in the GNSO. This statement of interest will be maintained at: http://www.icannwiki.org/Greg_Ruth_-_statement_of_interest ......................................................................... Tony Holmes - ISPCP Constituency I am employed within BT Group's Chief Technology Office with the responsibility for determining numbering, naming and addressing policy and strategy for BT Group PLC. BT is a large ISP and infrastructure provider and operates in many countries across the world. BT is also an accredited ICANN Registrar, but is not currently operational. I participate in, and hold official positions in a number of other technology focused technical and policy making bodies at both the national and international level, none of which cause conflict with my work in ICANN. I have no employment, contract, financial interest or other business relationship with ICANN, registries or registrars except BT. I am an elected representative of the ISP and Connectivity Providers Constituency to the GNSO. ....................................................................... ....................................................................... Non Commercial Users Constituency Robin Gross - Non Commercial Users Constituency I represent the Non-Commercial Users Constituency on the GNSO Policy Council. I am the Executive Director of IP Justice, an international civil liberties organization based in San Francisco. IP Justice is a California not-for-profit corporation and 501(c)(3). I am also licensed to practice law throughout California, and serve on the Board of Directors of the Union for the Public Domain, a not-for-profit corporation based in Washington DC. I teach international copyright law at Santa Clara University School of Law. From 1999-2002, I was an intellectual property attorney with the Electronic Frontier Foundation. ...................................................................... Norbert Klein – Non-Commercial Users Constituency I am at present a consultant to a Cambodian non-government organization, the Open Forum of Cambodia, which was created in 1994 to facilitate and to foster communication – not only electronic communication – in the conflictive, post-civil war Cambodian society. My relation to the Internet, and since 1999 to ICANN, originated from the fact that I created in 1994 the first possibility for people in Cambodia to have access to e-mail, and in 1996 I created the possibility to have an e-mail address in Cambodia: .kh Neither I nor the Open Forum of Cambodia have registered a top level domain – we use a secondary domain for our organization, under the ccTLD of Cambodia, .kh For myself, I use a webmail account by the German provider GMX, a GMX ProMail account, for which I pay the normal set fees. Neither we as an organization, nor I as an individual, own or have in any other way an economic interest in any IT or ICT company or related holding. ........................................................................... Mawaki Chango - Non Commercial Users Constituency I am currently a full-time Ph.D. student and Graduate Assistant, and I represent the Non-Commercial Users Constituency on the GNSO Council. In addition, I am involved in social activism through my participation in ACSIS (African Civil Society for Information Society), as ICT policy advocator, and advisor to the ACSIS’ President. Over the last five years, I have been involved as a consultant with UNESCO, the International Development Research Centre, Open Society Initiative for West Africa (Dakar), the Eduardo Mondlane University (Maputo), and EvalNet (Johannesburg). I have never been involved in any business related to the distribution and operation of Internet resources. ...................................................................... ...................................................................... Intellectual Property Interests Constituency Ute Decker - Intellectual Property Interests Constituency I am full time employed as Deputy Director for Global Legal Policy by the IFPI Secretariat. I am also elected representative of the Intellectual Property Constituency (IPC) to the GNSO Council. The IFPI Secretariat is the head office of the International Federation of the Phonographic Industry (IFPI) representing the recording industry worldwide. IFPI is a non-commercial private sector non-governmental organisation, funded through membership contributions. IFPI is a member of the IPC. IFPI’s members are 1415 record companies, including EMI Music, Sony BMG Music Entertainment, Warner Music, and Universal Music and many independent record companies. The IFPI Secretariat provides services to its member and to 48 affiliated national recording industry bodies; and is responsible for co-ordinating international strategies in the key areas of the organisation's work: enforcement of copyright and trademarks, advice on technology and legal developments, relations with governments and national industry bodies, representation in international organisations, litigation, market research, and public relations. .................................................................... Kiyoshi I. Tsuru - Intellectual Property Interests Constituency I, the undersigned, Kiyoshi I. Tsuru am a partner with the law firm of BELLO, GALLARDO, MORALES Y TSURU, S.C., in Mexico City. I specialize in Intellectual Property matters. I serve as a member of the Advisory Committee of NIC Mexico, which is in turn a member of the ccNSO of ICANN. From time to time, I have served as outside counsel to NIC Mexico. I am the country manager for Mexico of the Business Software Alliance (BSA) and a WIPO Panelist regarding disputes between domain names and trademarks. ......................................................................... Kristina Rosette - Intellectual Property Interests Constituency I am employed as a Special Counsel by Covington & Burling LLP (“Covington”), a general practice law firm with over 600 lawyers in five offices in three countries. I am resident in Covington’s Washington, DC office and am a member of the District of Columbia bar. I specialize in Internet and trademark matters, and represent trademark owner clients in connection with such matters. Among my responsibilities, I develop and implement offensive and defensive domain name registration, Internet monitoring, and enforcement strategies; reclaim domain names through negotiation, arbitration (under the UDRP, .biz STOP, and .mobi Sunrise Challenge policies, thus far), and litigation; and advise clients on the use of keywords and sponsored links. In connection with advising firm clients of generally noteworthy trademark- or Internet-related developments, I have also provided information and updates on domain name system developments (e.g., posting of reports for public comment, announcements of new policies such as the Domain Name Transfer Policy, .eu Sunrise requirements). All such communications have been, and will continue to be, based solely on publicly available information and documents. From time to time, I register or acquire in my own name domain names for firm clients. I am currently the registrant of several domain names, both on behalf of firm clients and in an individual capacity. From time to time and as circumstances warrant, I have completed and submitted Whois Data Problem Reports on behalf of firm clients. Since 2004, I have been a member of the Registration Practice and DNS Administration Subcommittee of the International Trademark Association’s Internet Committee. I have determined that Covington does not represent ICANN and does not represent any clients in matters in which ICANN is an adverse party. Covington did represent the International Cooperative Alliance in connection with the formation and establishment of DotCooperation LLC, the .coop registry operator, but that matter has been closed for some time. I have also determined that Covington neither represents any gTLD or sTLD registry operator in matters relating to its capacity as a registry operator nor represents any client in matters adverse to such registry operators as registry operators. Based on the responses to my inquiries, Covington does not represent any ccTLD registry operator in its capacity as a registry operator nor does it represent any client in matters adverse to any ccTLD registry operators as registry operators. To the best of my knowledge, Covington does not represent any ICANN-accredited registrar in its capacity as a registrar nor does it represent any firm client in a matter adverse to a registrar as registrar. From time to time, Covington has represented firm clients in intellectual property matters adverse to registrars, and it is likely to do so periodically in the future. I have not been involved in such matters. It is possible that a firm client is an ICANN-accredited registrar, but, if so, Covington does not represent it in such matters. .......................................................................... gTLD Registries constituency Cary Karp - gTLD Registries constituency I am Director of Internet Strategy and Technology at the Swedish Museum of Natural History (NRM), an agency of the Swedish government. This is a full-time salaried position. I serve in a similar capacity for the International Council of Museums (ICOM) of which I am an individual member and NRM is an institutional member. I receive a small additional honorarium for that activity. I hold a non-remunerated position as the President and CEO of the Museum Domain Management Association (MuseDoma), the Sponsoring Organization for the .museum TLD. NRM is the largest museum in Sweden and charged with advising private and corporate entities in that country in matters relating to its sphere of expertise. I am regularly involved in such action. Current activity includes a joint initiative with NIC-SE, the operator of the .se ccTLD, which is collaborating with NRM in a project in the context of the Swedish national "Year of Cultural Diversity 2006". I also advise NIC-SE in general matters relating to IDN. I may from time to time receive separate honoraria for advisory services provided as a result of my position at NRM, and may be similarly compensated for writing and speaking engagements. ICOM is an NGO maintaining formal relations with UNESCO and having consultative status with the United Nations Economic and Social Council. I am directly involved in activity conducted by ICOM in its relationship with UNESCO. I represent MuseDoma in the gTLD Registry Constituency and am the elected representative for the sTLDs on the GNSO Council. I conduct no other activity with, and have no other interests of any kind that involve, entities maintaining business or contractual relationships with ICANN. ........................................................................ Chuck Gomes - gTLD Registries constituency 9 December 2006 I am Vice President of Policy and Compliance for VeriSign, Inc. VeriSign is the registry operator for the .com and the .net gTLDs and also provides backend registry services in support of Global Name Registry for the .name gTLD and Employ Media for the .jobs gTLD. VeriSign is also the registry operator for two ccTLDs, .cc for the Cocos and Keelings Islands and .tv for Tuvalu. As an employee who supports VeriSign’s naming services business, I do often have access to Registry Sensitive information including information about registrars. With regard to both our gTLD and ccTLD registration services businesses as well as other VeriSign businesses, our customers and business associates have interests in various ICANN policy issues and may be members of other GNSO constituencies and/or supporting organizations. In addition to registry agreements with ICANN for .com and .net, VeriSign also has obligations to the U.S. Department of Commerce through a cooperative agreement that was initiated in 1993 and has been amended many times since then. Those obligations include providing the A and J root servers as well as support to ICANN in implementing changes in the root zone file. As such, VeriSign is a member of the DNS Root Server System Advisory Committee and also works closely with IANA staff in the processing of root zone changes. As a representative elected to the GNSO Council by the unsponsored gTLD registry members of the gTLD Registry Constituency (RyC), I am required by the Constituency’s Articles of Operation to represent the views of those members and the full Constituency as applicable, not my own or VeriSign’s. In that regard, I will endeavor to always qualify any personal statements as such and will follow-up with the RyC to obtain their position. I own shares of VeriSign stock and hold options to purchase additional shares, but the amount of shares I currently own plus the potential shares I could possibly own if I exercised all options is a miniscule number relative to the total number of VeriSign shares. ....................................................................... Edmon Chung - gTLD Registries constituency December 22, 2006 I am currently serving as the CEO for DotAsia Organisation Ltd. DotAsia is the registry operator and sponsor for the ICANN Sponsored gTLD ".ASIA". DotAsia is a not-for-profit membership based organization incorporated in Hong Kong. The current members of DotAsia includes 20 ccTLDs (".AF", ".BT", ".CN", ".ID", ".IN", ".IR", ".JP", ".KH", ".KR", ".KZ", ".MN", ".MO", ".NU", ".NZ", ".PH", ".SG", ".TJ", ".TW", ".UZ" and ".VN") in the Asia community and 3 regional organisations: APNIC, APNG and PAN. APNIC is an RIR in the ICANN ASO. Prior to joining DotAsia, I was the Creative Director of Afilias Ltd. Afilias is the registry operator for the ICANN gTLD ".INFO". Afilias also provides registry services to other ICANN gTLDs, including ".ORG", ".AERO" and ".MOBI", as well as other ccTLDs including ".IN", ".AG", ".GI", ".SC", ".HN", ".BZ", ".VC", ".MN", ".LA", and ".SG". ............................................................................. ............................................................................. Nominating Committee appointees to the GNSO Council Sophia Bekele - Nominating Committee appointee to the GNSO Council I represent a California based, privately held company, CBS Enterprise Group, which is engaged in international business. As part of its portfolio of services, the company provides systems integration services through CBS International, which delivers domain registration, web hosting and email services to end users via a reseller, agreement with registrars. Less than 10% of CBS's business is derived from these services. In my personal capacity, I do not have any of my moneys, invested in companies that are in the registrar businesses. I do not believe that any activities of the Council or ICANN could have a material effect on the work I do at CBS International. .................................................................... Avri Doria - Nominating Committee appointee to the GNSO Council http://psg.com/~avri/icann-stmt-interest.html I am an independent research consultant and have no employment, contract, financial interest, share ownership or any other business relationship with ICANN, registries or registrars except as a holder, and fee payer, of several domain names in .com, .net and .org. As part of my volunteer activities I have spoken to and given advise to various representatives of indigenous nomadic and semi-nomadic populations on the topic of obtaining an TLD. ...................................................................... Jon Bing - Nominating Committee appointee to the GNSO Council 26 December 2006 I am a Professor at the Faculty of Law, University of Oslo, holding a chair in Computers and Law created 1988. I work within the Norwegian Research Center for Computers and Law, (http://www.jus.uio.no/iri/english/index.html) an institution I co-funded in 1970. This makes me an old-timer within this area of law, consequently I also have broad research interests – an inheritance from the time one thought “computers and law” was a very narrow and esoteric field. I have worked extensively with legal information systems, text retrieval and knowledge based methods related to this. My interests in substantial law includes data protection (or privacy), intellectual property law applied to computer programs, databases, integrated circuits, and other material in machine-readable form, and media and communication law. I have in the past been member of the General Board of the Norwegian Research Council, and am currently chairing a research program on vulnerability and society within the NRC. I am a member of the Norwegian Academy of Science and Letters, doctor honoris causa of Stockholm and Copenhagen, a former Visiting Professor of King’s College (University of London), and have collected many embarrassing honorary prizes or titles. A sketchy home page may be found at http://www.jus.uio.no/iri/english/nrccl/people/associates/bing.html. The NRCCL is mainly financed by the state through the University budget, but accept external contracts. Among these are projects financed by the European Communities (though not a member of the EU, Norway participates on equal standing within the research co-operation), funds made available from the Ministry of Culture and Church Affairs (the funds are used to sponsor various activities related to copyright), and funds from NORID, which operates the Norwegian country domain .no. These latter funds are used for our research on Internet governance, which is taught in our international Master of Law and Information Communication Technology programme. This sponsorship has gone on from 2004, and English language anthology is expected to be published 2007. A set of ethical rules ensures the independence of the NRCCL from any outside source of funding. I have in the past been consultant to several international organisations; these include OCED (both ICCP and PUMA), the EU Commission, UNESCO, WIPO, and UNDP. I have also been Norwegian delegate to specialised functions within OECD, WIPO, European Cultural Fund and UNESCO. Currently I am member of the International Advisory Committee of the UNESCO Memory of the World Programme (ending 2007). Nationally, I have served within may administrative or legal functions related to culture, for instance chair of the Art Council, Film Council, Cassette Tax Foundation etc, member of the Royal Commissions of the Freedom of Expression (which lead to an amendment of the Constitution), The Royal Commission of Copyright, and the Commission on Converging Technologies. I currently chair the Data Protection Tribunal. I published my first collection of short-stories 1967, and with my fellow writer Tor Åge Bringsværd is often given the blame from having introduced science fiction to Norway. I have since them – under by own name or the joint by-line Bing & Bringsværd – published stories, novels, dramatic works for stage, television, and radio, and the libretti of four operas. I have translated a large number of fiction and non-fiction works (among them Bill Gates’ autobiography), and edited more than twenty science fiction anthologies. In Norway, I may be better known as an author than anything else. My next novel will be a juvenile scheduled for publication spring 2007. I have served as the legal advisor to creative writers in Norway 1970-90, which certainly has influenced my perspective with respect to intellectual property. Currently, I am partner in the law firm Bing & Co (http://www.bing.no/ ), which mainly has a “back-office” function with respect to other law firms, but also manages my somewhat extensive commercial lecturing. ............................................................................. Alan Greenberg - At Large Advisory Committee liaison to the GNSO Council Other than my ALAC and GNSO participation, I have neither a business relationship nor substantive any involvement with either ICANN or organizations significantly affected by decisions or recommendations made by ICANN or its constituent bodies. ................................................................................. -- Glen de Saint Géry ICANN glen[at]icann.org http://www.icann.org -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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START TIME DELAYED BY ONE HOUR - Council meeting - Thursday 1 February 2007 (now 20:00 UTC)
by Bruce Tonkin 30 Jan '07

30 Jan '07

Hello All, At the request of members of the Intellectual Property Constituency who will be presenting the revised working group proposal, I have delayed the start of the Council meeting on 1 February by one hour. The duration of the conference call will be capped at one hour. New start times are: 12:00 LA, 15:00 Washington DC, 20:00 UTC, 21:00 Brussels, 7:00 Melbourne, next day 2 February 2007 Regards, Bruce Tonkin > > Draft Agenda for Council meeting - Thursday 1 February 2007 > > > > Item 0: Roll call of Council members on the call > > Item 1: Update any statements of interest > > Item 2: Approval of Minutes > > - 18 January 2007 > > > Item 3: Proposed Working Group on "Protecting the rights of others" > > - Proposal to form a GNSO working group to consider possible policies > and practices that minimize abusive registration activities and other > activities that affect the legal rights of others. > > - Kristina Rosette and Ute Decker to draft terms of reference for > Consideration > > > > Item 4: Process for electing a replacement for ICANN Board seat #13 > > Alejandro Pisanty's term on the ICANN Board concludes 6 > months after the > ICANN annual meeting in 2006 (ie 8 June 2007). As recorded in the > minutes of 19 Feb 04 > (http://www.gnso.icann.org/meetings/minutes-gnso-19feb04.shtml) > Alejandro is not eligible for re-election as he has reached the term > limit provisions in the ICANN bylaws ("no Director may serve more than > three consecutive terms"). > > The GNSO must inform the Secretary of ICANN of its selection for Board > Seat #13 before 8 May 2007. > > Note also at any given time, no two Directors selected by a Supporting > Organization shall be citizens of the same country or of countries > located in the same Geographic Region. Rita Rodin was recently > selected by the GNSO to fill ICANN Board Seat #14, and is from North > America. > > (From ICANN bylaws http://www.icann.org/general/bylaws.htm#VI > , Article > VI, section 8, clauses 1(e) and 3, and Section 2, clause 3) > > The GNSO Secretariat will propose a timeline/process for > consideration. > > > Item 5: Any other business > > > Regards, > Bruce Tonkin > > > > > > > > > >

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Proposed procedure and timeline for GNSO Elections for ICANN Board seat 13
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG 30 Jan '07

30 Jan '07

[To: council[at]gnso.icann.org] Dear Council Members, Please find below a proposed election procedure and timeline for the GNSO Elections for ICANN Board seat 13. Call for nominations by members of the GNSO Council: 3 weeks for Nominations: Opens on Monday 19 February 2007 closes on Monday 12 March 2007 Two weeks to verify and interview candidates Monday 12 March 2007 to Sunday 25 March 2007 Start voting - first round Monday 2 April 2007 - Monday 9 April 2007 Start voting - second round Monday 9 April 2007 - Monday 16 April Start voting - third round Monday 16 April 2007 - Monday 23 April Announce results 24 April, or before if the voting is successfully completed. Proposed dates for GNSO Council meeting to confirm results: Thursday 26 April OR Thursday 3 May in time for the GNSO to give due notice of its selection no later than five months after the Annual Meeting 2006, which would be 8 May 2007. In accordance with the ICANN Bylaws From Article VI, http://www.icann.org/general/bylaws.htm#VI 3. In carrying out their responsibilities to fill Seats 9 through 14, the Supporting Organizations shall seek to ensure that the ICANN Board is composed of members that in the aggregate display diversity in geography, culture, skills, experience, and perspective, by applying the criteria set forth in Section 3 of this Article. At any given time, no two Directors selected by a Supporting Organization shall be citizens of the same country or of countries located in the same Geographic Region. [Note the other ICANN Board seat holder elected by the GNSO is Rita Rodin Templates will be available for Nomination and Seconding of candidates All nominations must be seconded by another GNSO Council member. Each nomination must be accompanied by a brief description of how the candidate meets the following selection criteria http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm Section 3. CRITERIA FOR SELECTION OF DIRECTORS ICANN Directors shall be: Accomplished persons of integrity, objectivity, and intelligence, with reputations for sound judgment and open minds, and a demonstrated capacity for thoughtful group decision-making; Persons with an understanding of ICANN's mission and the potential impact of ICANN decisions on the global Internet community, and committed to the success of ICANN; Persons who will produce the broadest cultural and geographic diversity on the Board consistent with meeting the other criteria set forth in this Section; Persons who, in the aggregate, have personal familiarity with the operation of gTLD registries and registrars; with ccTLD registries; with IP address registries; with Internet technical standards and protocols; with policy-development procedures, legal traditions, and the public interest; and with the broad range of business, individual, academic, and non-commercial users of the Internet; Persons who are willing to serve as volunteers, without compensation other than the reimbursement of certain expenses; and Persons who are able to work and communicate in written and spoken English. Section 4. ADDITIONAL QUALIFICATIONS 1. Notwithstanding anything herein to the contrary, no official of a national government or a multinational entity established by treaty or other agreement between national governments may serve as a Director. As used herein, the term "official" means a person (i) who holds an elective governmental office or (ii) who is employed by such government or multinational entity and whose primary function with such government or entity is to develop or influence governmental or public policies. 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. 3. Persons serving in any capacity on the Nominating Committee shall be ineligible for selection to positions on the Board as provided by Article VII, Section 8. Section 5. INTERNATIONAL REPRESENTATION In order to ensure broad international representation on the Board, the selection of Directors by the Nominating Committee and each Supporting Organization shall comply with all applicable diversity provisions of these Bylaws or of any Memorandum of Understanding referred to in these Bylaws concerning the Supporting Organization. One intent of these diversity provisions is to ensure that at all times each Geographic Region shall have at least one Director, and at all times no region shall have more than five Directors on the Board (not including the President). As used in these Bylaws, each of the following is considered to be a "Geographic Region": Europe; Asia/Australia/Pacific; Latin America/Caribbean islands; Africa; and North America. The specific countries included in each Geographic Region shall be determined by the Board, and this Section shall be reviewed by the Board from time to time (but at least every three years) to determine whether any change is appropriate, taking account of the evolution of the Internet. Only GNSO Council members may nominate and vote for candidates, although GNSO Council members should consult with their constituencies with regard to suitable candidates Accepting Nominations: The GNSO Secretariat will confirm the nomination, by sending an e-mail to the candidate requesting their acceptance. The GNSO Secretariat shall convey the nomination and the acceptance thereof to the GNSO Council list. B. VOTING PROCEDURE The voting will be "convention style" voting. This consists of sequential rounds of voting until a single candidate receives a majority of the votes on the GNSO Council. (see: Appendix A Convention Style Voting http://gnso.icann.org/elections/election-procedures-01jun06.htm) (There will be a total of 27 votes cast and a majority is 14 or more.) C. PROPOSED SCHEDULE FOR THE ROUNDS OF CONVENTION STYLE VOTING Start voting - first round Monday 2 April 2007 - Monday 9 April 2007 Start voting - second round Monday 9 April 2007 - Monday 16 April Start voting - third round Monday 16 April 2007 - Monday 23 April D. GNSO COUNCIL MEMBERS ELIGIBLE TO VOTE: All GNSO Council members are eligible to vote, that is, 3 representatives from each constituency, Registrars, gTLD registries, Commercial and Business Users (CBUC), Non Commercial Users (NCUC), Intellectual Property (IPC), and Internet Service Providers and Connectivity Providers (ISPCP) and the 3 Nominating Committee appointees. Liaisons from the ALAC and the GAC do not vote. GNSO Council members who are candidates, will be replaced temporarily on the Council by a member chosen by the constituency affected and that person will have the right to vote. E. COUNTING OF VOTES: As provided in the ICANN bylaws, http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm, Article X, section 5.2. each GNSO Council member representing either the registrars constituency or the gTLD registries constituency will be entitled to cast two votes in each round, and all other members (including those selected by the Nominating Committee) shall be entitled to cast one vote. There will be a total of 27 votes cast and a majority is 14 or more. F. VOTING Voting will take place by secret e-mail ballot. 1. Ballots will be sent out individually to each GNSO Council members' e-mail address. 2. Ballots should be filled out and returned to the e-mail address stated in the ballot. They should not be copied to any e-mail list. 3. At the scheduled times, the Secretariat will announce the results of each round of balloting by sending a message to the <council(a)gnso.icann.org> mailing list. These announcements will include: a. The number of votes received by each candidate; b. The names of the GNSO Council members from whom ballots were received; and c. The confidential code number of each ballot and the candidate for whom it was voted. Item 3(c) will allow each GNSO Council member to double-check that his or her ballot was properly understood, but will not allow others to determine how the member voted. 4. In exceptional cases where a GNSO Council member has no Internet access during the voting period, a voice vote may be registered with the GNSO Secretariat personally during the voting period, before the vote is closed. G. DISCLOSURE OF THE VOTING The Secretariat will announce the outcome of the voting at the close of the voting period. The GNSO Council will confirm the results of the voting at a Council meeting. Once that occurs, the GNSO Secretariat will prepare and post a full record of all voting, including how each member voted in each round. H. DISCUSSION MAILING LIST DURING ELECTIONS 1. In accordance with a decision as noted in: http://www.dnso.org/dnso/notes/20030325.GNSOrio-captioning.html http://www.dnso.org/dnso/notes/20030325.GNSOrio-minutes.html Public archiving of the GNSO Council list will not be stopped. A separate archive and mailing list will be created for the purpose of managing elections going forward. This list will (a) exclude those Council members who are candidates; but include (b) any liaisons from the ALAC or GAC to the GNSO Council; and (c) the GNSO Secretariat. The list recipients and archiving will be concluded at the end of the process. This list name is elections-gnso(a)icann.org and archives will be posted at http://forum.icann.org/lists/elections-gnso/ following the conclusion of the election. 2. Messages posted to the list should be treated as confidential until the end of the elections. The GNSO Secretariat may, however, disclose them to the General Counsel's office to the extent appropriate to obtain advice about how to handle procedural problems that arise during the voting process. The Council list should continue to be used for normal policy development work. Please note that the General Counsel and Deputy General Counsel will not be recipients of the special election mailing list during this period, so they should be copied on any particular message that you wish to bring to their attention. -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

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Statement of Interest - Mike Rodenbaugh - Commercial and Business Users Constituency
by Bruce Tonkin 30 Jan '07

30 Jan '07

I am employed full-time by Yahoo! Inc., as Senior Legal Director. I have been elected to the GNSO Council by the Commercial and Business Users Constituency. Yahoo! is a leading global Internet brand and one of the most trafficked Internet destinations worldwide. Yahoo!'s mission is to connect people to their passions, their communities, and the world's knowledge. I engage ICANN issues from Yahoo!'s perspective as a premier online brand and diversified business, highly valuing the perspectives of our customers, partners and users. Yahoo! has hundreds of thousands of online business customers and partners which advertise and provide services to our global audience. We are interested in seeing all of these businesses succeed and grow. These businesses work with Yahoo! because we have earned one of the world's largest audiences, requiring that the 'user perspective' remain extremely important to us always. And, of course Yahoo! is a famous brand that is extremely challenging to protect and enforce online, worldwide. I believe businesses of all types and sizes share our interest in the rapid growth of internet commerce, balanced with fair protection of existing property interests. I look forward to working with the Council to address the many serious issues that existing businesses encounter as a result of ICANN policy. Mike Rodenbaugh

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Question re. ICANN Annual Report
by Gomes, Chuck 29 Jan '07

29 Jan '07

The second sentence of the 5th paragraph of Paul Twomey's message in ICANN's Annual Report (p.9) says, "GNSO and staff are working together for the establishment and operation of a new generic top level domain (gTLD) program office, to realise the work of the Whois Task Force, and to provide input in the development of Internationalised Domain Names (IDNs)." Can anyone tell what is meant by a gTLD program office? Has the GNSO been working with staff in this regard? Also, on page 25 in the Policy Support section, the 4th paragraph starts out with this sentence: "To consider pre-registration of IDN gTLD labels in the first round for new TLDs, the GNSO recently launched an IDN Working Group . . ." Is this a misstatement or is it true that the IDN working group was launched "to consider pre-registration of IDN gTLD labels"? Chuck

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Outgoing Council member - Marilyn Cade
by Bruce Tonkin 29 Jan '07

29 Jan '07

Hello All, This note is to inform you that Marilyn Cade's term on Council as a long standing representative of the Commercial and Business Users constituency has concluded, following the recent completion of the election process within the constituency. Marilyn has been on the Council since the beginning of the GNSO (and its predecessor - DNSO), and has made a significant contribution to the GNSO and ICANN as a whole on a 24/7 basis. Marilyn has been particularly helpful to the Council in assisting with the complex logistics of managing physical meetings of the Council (both at the main ICANN meetings as well as those meetings between the main meetings). As an example, most recently Marilyn was responsible for the successful dinner/lunch formats we used in Brazil to facilitate more interaction with the Board and the GAC at a personal level. Marilyn has been instrumental in building relationships amongst the leadership of the GNSO constituencies, between the GNSO and other groups at ICANN, and between ICANN and other international organisations. At the policy level Marilyn has been a very active participant in nearly all task forces ever created, as well as being a co-chair of the original WHOIS working group that developed the WHOIS data reminder policy (http://www.icann.org/registrars/wdrp.htm ), and the WHOIS Marketing Restriction Policy (http://www.icann.org/registrars/wmrp.htm). I expect that Marilyn will continue to participate in the various working groups, committees and task forces of the GNSO, but I will ask the Council at our next meeting to formally acknowledge her contribution at the Council level through a vote of thanks. Regards, Bruce Tonkin

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New Council member - Mike Rodenbaugh - Commercial and Business Users Constituency
by Bruce Tonkin 29 Jan '07

29 Jan '07

Hello All, Mike Rodenbaugh has just been appointed to the GNSO Council by the Commercial and Business Users Constituency after the recent completion of their election process. I will let Mike introduce himself to the list, and ask that Mike submit a statement of interest consistent with those of other members on the Council (see http://www.gnso.icann.org/mailing-lists/archives/council/msg03124.html ). Regards, Bruce Tonkin

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