June 2007 - council - lists.icann.org

New gTLD Committee Introduction of New Generic Top-Level Domains,Part A & B: Final Report
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 22, 2007

June 22, 2007

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] [To: gtld-council[at]gnso.icann.org] Please note that the GNSO new TLDs Committee Introduction of New Generic Top-Level Domains Part A: Final Report http://gnso.icann.org/drafts/pdp-dec05-fr-a-18jun07.pdf Part B: Final Report http://gnso.icann.org/drafts/pdp-dec05-fr-b-18jun07.pdf (a html version will soon be available) are published on pages: http://gnso.icann.org/ http://gnso.icann.org/issues/new-gtlds/ http://gnso.icann.org/drafts/ These reports will be used during the GNSO Council working sessions on: Saturday, 23 June, 2007 - 09:00 Saturday, 23 June, 2007 - 10:00 GNSO Working Group: Protecting the Rights of Others Flamingo A/B http://sanjuan2007.icann.org/node/67 Saturday, 23 June, 2007 - 10:30 Saturday, 23 June, 2007 - 11:30 Reserved Names Working Group Flamingo A/B Saturday, 23 June, 2007 - 11:30 Saturday, 23 June, 2007 - 12:30 GNSO New gTLD Discussion Flamingo A/B Saturday, 23 June, 2007 - 14:00 Saturday, 23 June, 2007 - 18:00 GNSO Working Group: New gTLDs Flamingo A/B Monday, 25 June, 2007 - 14:00 Monday, 25 June, 2007 - 16:00 GNSO Public Forum on New gTLDs http://sanjuan2007.icann.org/node/80 and the GNSO Public Council meeting on: Wednesday, 27 June, 2007 - 10:30 Wednesday, 27 June, 2007 - 12:30 http://sanjuan2007.icann.org/node/45 Thank you. Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

Draft documents relating to new gTLDS
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 22, 2007

June 22, 2007

[To: gtld-council(a)gnso.icann.org] [To: council(a)gnso.icann.org] Dear All, Please find the following documents that will be relevant to the new gTLD discussions during the San Juan meetings. They are posted in the draft documents section: http://gnso.icann.org/drafts/ Draft outline new gTLD RFP http://gnso.icann.org/drafts/draft-outline-tld-rfp-20070619.pdf Draft outline of New Registry Agreements http://gnso.icann.org/drafts/draft-outline-tld-agreement-20070619.pdf Draft New gTLD evaluation process http://gnso.icann.org/drafts/Visio-PhasesofgTLDs-20jun07.pdf Thanks you. Kind regards. Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org

1 0

Vice Chair Position Statement
by Gomes, Chuck June 21, 2007

June 21, 2007

As suggested by Glen, I am submitting this position statement in response to my nomination for GNSO Council Vice Chair. Let me start by saying that I fully understand that the role of vice chair is new to the Council and that it may not be continued in the future. As I see it, this is a trial that will be evaluated by the Council and as such the position may go away at the end of the current term recently vacated by Bruce and now filled by Avri. Until such time as the Council provides specific guidelines for the role of vice chair, I am assuming that it will entail these responsibilities, probably in the priority listed: 1. Perform the role of chair when Avri is unable to do so 2. At Avri's direction, assist her in fulfilling tasks that are often assumed by the chair, thereby lightening her workload 3. At the Council's direction, perform other tasks as needed. With regard to filling the role of chair in Avri's absence, if and when that occurs, I am committed to doing so in a neutral manner that facilitates fully open and efficient debate on all issues regardless of my personal view points or the views of the Registry Constituency that I represent. Whenever I express personal or constituency views I will always try to preface such remarks appropriately. Regarding assisting Avri and performing tasks requested by the Council, I am committed to being as helpful as I can in contributing to the work of the Council as needed. Hopefully, this will not be any different from the way I have functioned as a Council member to date or as I would function in the future if I am not elected vice chair. For those who may not know me very well I think it is helpful for me to point out that I am a firm believer in open discussion of all points of view. I like to try to identify competing elements of issues and enjoy others doing that as well. I believe that the fuller airing we have, the better decisions we will make. In doing that though, people sometimes think I am advocating for a particular position when I may in fact just be attempting to make sure we cover as many sides as possible. Also, I like to use questions to encourage discussion and help uncover factors that might otherwise be overlooked. I sincerely believe that disagreement is healthy because it helps each of us validate our own thinking and then work together to develop stronger positions. Whether I am elected vice chair or not, I would request the following: if anyone ever is unsure about the intent of my actions, please ask me, and always feel free to disagree with me. Chuck Gomes

2 4

[Fwd: PDP-Dec05 - staff discussion document]
by Denise Michel June 20, 2007

June 20, 2007

Attached is the second ICANN staff implementation team "Discussion Points" document, which addresses the updated work of the New gTLDs Committee on the recommendations for the new top-level domain policy development process. The purpose of this document, which was developed by ICANN's Services staff, with the support of the Legal and Policy staff, is to provide staff comments to the current set of draft recommendations, with a view toward how each of the recommendations might be implemented. The points listed are to call to the attention of the GNSO some issues it may wish to take into consideration in its remaining discussions. Staff’s intent is to support the bottom-up policy development process by ensuring that staff will be able to implement the Committee’s final recommendations in a fair, transparent, and non-discriminatory way. Regards, Denise Denise Michel Vice President, Policy Development ICANN www.icann.org denise.michel(a)icann.org

3 3

New gTLD Committee Introduction of New Generic Top-Level Domains,Part A & B: Final Report
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 19, 2007

June 19, 2007

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] [To: gtld-council[at]gnso.icann.org] Please note that the GNSO new TLDs Committee Introduction of New Generic Top-Level Domains Part A: Final Report http://gnso.icann.org/drafts/pdp-dec05-fr-a-18jun07.pdf Part B: Final Report http://gnso.icann.org/drafts/pdp-dec05-fr-b-18jun07.pdf (a html version will soon be available) are published on pages: http://gnso.icann.org/ http://gnso.icann.org/issues/new-gtlds/ http://gnso.icann.org/drafts/ These reports will be used during the GNSO Council working sessions on: Saturday, 23 June, 2007 - 09:00 Saturday, 23 June, 2007 - 10:00 GNSO Working Group: Protecting the Rights of Others Flamingo A/B http://sanjuan2007.icann.org/node/67 Saturday, 23 June, 2007 - 10:30 Saturday, 23 June, 2007 - 11:30 Reserved Names Working Group Flamingo A/B Saturday, 23 June, 2007 - 11:30 Saturday, 23 June, 2007 - 12:30 GNSO New gTLD Discussion Flamingo A/B Saturday, 23 June, 2007 - 14:00 Saturday, 23 June, 2007 - 18:00 GNSO Working Group: New gTLDs Flamingo A/B Monday, 25 June, 2007 - 14:00 Monday, 25 June, 2007 - 16:00 GNSO Public Forum on New gTLDs http://sanjuan2007.icann.org/node/80 and the GNSO Public Council meeting on: Wednesday, 27 June, 2007 - 10:30 Wednesday, 27 June, 2007 - 12:30 http://sanjuan2007.icann.org/node/45 Thank you. Kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

Public Comments Sought on GNSO Improvements
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 19, 2007

June 19, 2007

[To: ga[at]gnso.icann.org; announce[at]gnso.icann.org] [To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org] [To: regional-liaisons[at]icann.org] Public Comments Sought on GNSO Improvements http://www.icann.org/announcements/announcement-19jun07.htm 19 June 2007 The Board Governance Committee's GNSO Review Working Group (BGC WG) spent the past several weeks considering reviews of the GNSO and its Council and extensive input on GNSO improvements to determine whether, in general, the GNSO has a continuing purpose in the ICANN structure and, if so, whether any change in structure or operations is desirable to improve its effectiveness (as required in the Bylaws). This preliminary working draft presents the BGC WG’s initial thinking on the questions under review, for discussion with Community at the upcoming ICANN Meeting in San Juan and for public comment through the ICANN website. There will be a Public Forum devoted exclusively to GNSO improvements on Monday, 25 June, from 16:00 to 18:00, in the San Cristobal B Room. This working draft does not reach any definitive recommendations or conclusions at this time, for there is not yet agreement among all members of the BGC WG. It is posted to encourage further public discussion and comment, and it does not represent the position of the Working Group, the Board Governance Committee, or the Board. The following documents present the BGC WG's initial ideas and poses key questions on which public comment is sought: * SUMMARY OF THE DRAFT WORKING DOCUMENT OF THE BGC’S GNSO REVIEW WORKING GROUP ON GNSO IMPROVEMENTS http://www.icann.org/announcements/summary-draft-wg-bgc-gnso-improvements-1… * DRAFT WORKING DOCUMENT OF THE BGC’S GNSO REVIEW WORKING GROUP ON GNSO IMPROVEMENTS http://www.icann.org/announcements/draft-wg-bgc-gnso-improvements-18jun07.p… * ANNEXES FOR DRAFT WORKING DOCUMENT OF THE BGC'S GNSO REVIEW WORKING GROUP ON GNSO IMPROVEMENTS http://www.icann.org/announcements/annexes-draft-wg-gnso-improvements-18jun… The BGC WG looks forward to discussing its progress and related questions at the Public Forum and through the public comment process. Comments on this working draft can be posted to gnso-improvements(a)icann.org and reviewed at http://forum.icann.org/lists/gnso-improvements. -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

Draft minutes of the GNSO Council teleconference 7 June 2007
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 19, 2007

June 19, 2007

[To: council[at]gnso.icann.org] Dear Council Members, Please find the draft minutes of the GNSO Council teleconference held on 7 June 2007. Please let me know if you would like any changes made. Thank you very much. Kind regards, Glen .................................................................................. 7 June 2007 Proposed agenda and documents List of attendees: Philip Sheppard - Commercial & Business Users C. Mike Rodenbaugh - Commercial & Business Users C. - absent Alistair Dixon - Commercial & Business Users C Greg Ruth - ISCPC Antonio Harris - ISCPC Tony Holmes - ISCPC Thomas Keller- Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Chuck Gomes - gTLD registries Edmon Chung - gTLD registries Cary Karp - gTLD registries Kristina Rosette - Intellectual Property Interests C Ute Decker - Intellectual Property Interests C Kiyoshi Tsuru - Intellectual Property Interests C - absent Robin Gross - NCUC Norbert Klein - NCUC. Mawaki Chango - NCUC Sophia Bekele - Nominating Committee appointee - absent Jon Bing - Nominating Committee appointee - absent - apologies Avri Doria - Nominating Committee appointee 17 Council Members (23 Votes - quorum) ICANN Staff Dan Halloran - Deputy General Counsel Kurt Pritz - Senior Vice President, Services Denise Michel - Vice President, Policy Development Olof Nordling - Manager, Policy Development Coordination Liz Williams - Senior Policy Counselor Maria Farrell - GNSO Policy Officer Craig Schwartz - Chief gTLD Registry Liaison Karin Lentz - gTLD Registry Liaison Glen de Saint Géry - GNSO Secretariat GNSO Council Liaisons Suzanne Sene - GAC Liaison - absent - apologies Alan Greenberg - ALAC Liaison Rita Rodin - ICANN Board member Invited observers to the new gTLD PDP Adrian Kinderis - Registrar constituency observer Marilyn Cade - CBUC Mark McFadden - ISPCP Secretariat Jon Nevett - Registrar constituency chair Werner Staub - Registrar constituency Ken Stubbs - Registry constituency Victoria McEvedy - NCUC Miriam Sapiro - consultant Ray Fassett - registry Quorum present at 12:10 UTC. MP3 Recording Bruce Tonkin chaired this meeting Approval of the agenda Item 1: Update any Statements of Interest No updates Item 2: Approval of the GNSO Council minutes 24 May 2007 Chuck Gomes moved the adoption of the GNSO Council minutes, 24 May 2007 Motion approved. Mawaki Chango abstained Approval of the GNSO Council minutes of 24 May 2007 Decision 1: The GNSO Council minutes of 24 May 2007 were adopted. Item 3: Ratify the result of the election for the GNSO Council chair http://gnso.icann.org/mailing-lists/archives/council/msg03552.html The chair must receive affirmative votes comprising a majority of the votes of all the members of the GNSO Council – ie at least 14 votes The election results were: 15 FOR Avri Doria 9 FOR Philip Sheppard 0 ABSTAIN There were 27 votes in total accounting for 21 Council members. http://gnso.icann.org/council/members.shtml 19 Council members voted - accounting for 24 votes. 2 Council members did not return their ballots accounting for 3 votes, one council member holding a single vote and one holding a double vote. Bruce Tonkin proposed a procedural motion to ratify the results of the GNSO Council Chair election and congratulate Avri Doria as the new GNSO Council chair. The motion passed by a unanimous vote of acclamation. Decision 2: The GNSO Council ratified the results of the GNSO Council chair election and congratulated Avri Doria as the new GNSO Council chair. Item 4: Review new gTLD recommendations http://gnso.icann.org/drafts/pdp-dec05-draft-fr.htm http://www.gnso.icann.org/meetings/council-meeting-table-07jun07.pdf The purpose of this discussion is to review any changes/updates to the draft recommendations since Lisbon. Council discussed the recommendations and the following changes were made on the call. (The italics indicate text that was struck, and the bold indicates text that was added.) NEW TOP LEVEL DOMAIN INTRODUCTION: PROPOSED RECOMMENDATIONS RECOMMENDATION 1. ICANN must implement a process that allows the introduction of new top-level domains. The evaluation and selection procedure for new gTLD registries should respect the principles of fairness, transparency and non-discrimination. All applicants for a new gTLD registry should therefore be evaluated against transparent and predictable criteria, fully available to the applicants prior to the initiation of the process. Normally, therefore, no subsequent additional selection criteria should be used in the selection process. [GAC2.5] RECOMMENDATION 2. Strings must not be confusingly similar to an existing top-level domain. Text struck: In the interests of consumer confidence and security, new gTLDs should not be confusingly similar to existing TLDs. To avoid confusion with country-code Top Level Domains no two letter gTLDs should be introduced. [GAC2.4] RECOMMENDATION 3 Strings must not infringe the existing legal rights of others that are recognized or enforceable under generally accepted and internationally recognized principles of law. Examples of these legal rights that are internationally recognized include, but are not limited to, rights defined in the Paris Convention for the Protection of Industrial Property (in particular trademark rights), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (in particular freedom of speech rights). Text struck: The process for introducing new gTLDs must make proper allowance for prior third party rights, in particular trademark rights as well as rights in the names and acronyms of inter-governmental organizations (IGOs). [GAC2.3] RECOMMENDATION 4 Strings must not cause any technical instability. RECOMMENDATION 5 Strings must not be a Reserved Word. Text struck: ICANN should avoid country, territory or place names, and country, territory or regional language or people descriptions, unless in agreement with the relevant governments or public authorities. [GAC2.2] RECOMMENDATION 6. Strings must not be contrary to generally accepted legal norms relating to morality and public order that are enforceable under generally accepted and internationally recognized principles of law. Examples of such limitations that are internationally recognized include, but are not limited to, restrictions defined in the Paris Convention for the Protection of Industrial Property (in particular restrictions on the use of some strings as trademarks), and the Universal Declaration of Human Rights (in particular limitations to freedom of speech rights). Text struck New gTLDs should respect: a) The provisions of the Universal Declaration of Human Rights which seek to affirm "fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women". b) The sensitivities regarding terms with national, cultural, geographic and religious significance. [GAC2.1] RECOMMENDATION 7: Applicants must be able to demonstrate their technical capability to run a registry operation for the purpose that the applicant sets out. RECOMMENDATION 8: Applicants must be able to demonstrate their financial and organisational operational capability. Text struck An application will be rejected or otherwise deferred if it is determined, based on public comments or otherwise, that there is substantial opposition to it from among significant established institutions of the economic sector, or cultural or language community, to which it is targeted or which it is intended to support. RECOMMENDATION 9: There must be a clear and pre-published application process using objective and measurable criteria. RECOMMENDATION 10: There must be a base contract provided to applicants at the beginning of the application process. Text and recommendation struck RECOMMENDATION 11: Staff Evaluators will be used to make preliminary determinations about applications as part of a process which includes the use of expert panels to make decisions. RECOMMENDATION 12: Dispute resolution and challenge processes must be established prior to the start of the process. RECOMMENDATION 13: Applications must initially be assessed in rounds until the scale of demand is clear. RECOMMENDATION 14: The initial registry agreement term must be of a commercially reasonable length. RECOMMENDATION 15: There must be renewal expectancy. RECOMMENDATION 16: Registries must apply existing Consensus Policies and adopt new Consensus Polices as they are approved. RECOMMENDATION 17: A clear compliance and sanctions process must be set out in the base contract which could lead to contract termination. RECOMMENDATION 18: If an applicant offers an IDN service, then ICANN’s IDN guidelines must be followed. RECOMMENDATION 19: Registries must use ICANN accredited registrars. RECOMMENDATION 20 An application will be rejected if it is determined, based on public comments or otherwise, that there is substantial opposition to it from among significant established institutions of the economic sector, or cultural or language community, to which it is targeted or which it is intended to support Item 5: Review options for voting on the recommendations (note a vote will not be conducted at this meeting, but the aim is to discuss the how such a vote would be managed): Options include: (a) Each Council member votes on recommendations as a whole (b) Each Council member votes on each individual recommendation (c) We separate recommendations that are "complete", versus those that need further work Bruce Tonkin drew attention to the fact that Council votes on the recommendations of the new gTLD committee and does not actually approve the report, compiled by staff, that consists of appendices, records of public comments and constituency statements and such like which is sent to the ICANN Board for consideration. There was general agreement that the Council would wait for an updated version and further discussion at the meetings in San Juan and possibly vote on all the recommendations together, after the ICANN meetings in Puerto Rico. Item 6: Any other business 6.1 Domain Name Tasting Issues Report Bruce Tonkin commented that the key issue was to have clear terms of reference to start the Policy Development Process (PDP) and suggested that if constituencies or Council members considered going ahead with the process they should draft a proposed terms of reference for consideration by the Council at its meeting in San Juan, or alternatively the Council may request that staff conduct further fact finding and research before initiating a PDP. Bruce Tonkin handed the Chair to Avri Doria. Avri Doria thanked Bruce Tonkin personally, and on behalf of the Council for his excellent leadership and wished him the best of luck as a Board member. Avri Doria formally closed the meeting and thanked everyone for their participation. The meeting ended: 15:25 UTC Next GNSO Council meeting will be on 27 June 2007 at 10:30 local time in San Juan, Puerto Rico. . see: Calendar Summary of Work Items arising from the minutes: Item 4. Staff to update new gTLD recommendations and report -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

4 3

GNSO related meetings in San Juan
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 18, 2007

June 18, 2007

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] Attached please find the GNSO related meetings schedule. (It will be posted and updated on the calendar page http://gnso.icann.org/calendar/#jun This should be read together with http://sanjuan2007.icann.org/schedule/ for the full picture of all the ICANN meetings in San Juan. Thank you. kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

2 1

GNSO Issues Report on Dispute Handling for IGO Names and Abbreviations published
by GNSO.SECRETARIAT＠GNSO.ICANN.ORG June 18, 2007

June 18, 2007

[To: council[at]gnso.icann.org; liaison6c[at]gnso.icann.org] Please note that the GNSO Issues Report on Dispute Handling for IGO Names and Abbreviations http://gnso.icann.org/issues/igo-names/issues-report-igo-drp-15jun07.pdf (a html version will soon be available) is published on page: http://gnso.icann.org/ This will be discussed during the GNSO Public Forum on: Wednesday, 27 June, 2007 - 08:30 Wednesday, 27 June, 2007 - 10:30 GNSO Public Forum San Geronimo http://gnso.icann.org/meetings/agenda-pf-27jun07.shtml http://sanjuan2007.icann.org/node/42 Thank you. kind regards, Glen -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org

1 0

Nomination
by Thomas Keller June 18, 2007

June 18, 2007

Hello, I would like to nominate Chuck Gomes for the position as Vice Chair of the GNSO Council. Best, tom -- Thomas Keller Domain Services 1&1 Internet AG Brauerstrasse 48 Tel. +49-721-91374-4534 76135 Karlsruhe, Germany Fax +49-721-91374-215 1und1.de Mail tom(a)1und1.de Amtsgericht Montabaur HRB 6484 Vorstand: Henning Ahlert, Ralph Dommermuth, Matthias Ehrlich, Andreas Gauger, Matthias Greve, Robert Hoffmann, Norbert Lang, Achim Weiss Aufsichtsratsvorsitzender: Michael Scheeren

3 2