August 2009 - council - lists.icann.org

GNSO Improvements Board action and follow-up efforts
by Denise Michel Aug. 11, 2009

Aug. 11, 2009

Dear Community Members: At last Thursday's Board meeting, the Directors considered a number of issues related to GNSO Improvements, and made significant progress towards seating the new GNSO Council in Seoul. Specifically, the Board adopted resolutions<http://www.icann.org/en/minutes/prelim-report-30jul09.htm>that: (i) approved all of the Stakeholder Group Charters as recommended by the Structural Improvements Committee, and (ii) approved the ability of the Contracted Party House to select Board Seat #13, and the ability of the Non Contracted Party House to select Board Seat #14. The Board also discussed pending new Constituency applications, and acknowledged that Staff is posting a complete set of Bylaws Amendments for public comment. The Amendments, which have been posted<http://icann.org/en/public-comment/public-comment-200908.html#gnso-restruct…>, reflect the Board's recent decisions and other GNSO restructuring matters necessary to seat the new Council. Please note that these Bylaw Amendments (Version 2) address a number of issues that impact the work of the GNSO Restructuring Work Teams. Because these proposed Bylaws include provisions that the GNSO Restructuring Drafting Team did not review during its work, Staff posted two documents to assist the community in its review. One document highlights the differences between the GNSO proposed Bylaws proposals (< http://icann.org/en/general/proposed-gnso-council-bylaw-amendments-notes-co…>) and the other is a Staff Explanation for some of the more substantive amendments included in Version 2 (< http://icann.org/en/general/proposed-gnso-council-bylaw-amendments-explanat…>). These include a discussion of issues such as: changes to Annex A; additional voting threshold for certain contracting parties; and procedures for adopting the GNSO Operating Rules and Procedures. We encourage the GNSO Restructuring Work Teams to review and discuss these materials at their next meetings, and to provide comments during the public comment period, which closes on 23 August. The Board expects to act on a comprehensive set of amendments at its 27 August meeting. . Additional information on GNSO Improvements follow-up actions that should be completed in the next few months will be posted shortly. Regards, Denise Denise Michel ICANN Vice President Policy Development policy-staff(a)icann.org <denise.michel(a)icann.org>

3 2

Draft GNSO Council minutes 23 July 2009
by Glen de Saint Géry Aug. 10, 2009

Aug. 10, 2009

Dear Councillors, Attached please find the draft minutes for the GNSO Council meeting held on 23 July 2009. Please let me know if you would like any changes made. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0

Motion re Fast Flux WG - Recommended Next Steps
by Mike Rodenbaugh Aug. 7, 2009

Aug. 7, 2009

Attached and below please find the text of a motion agreed by consensus of the Fast Flux Working Group, for Council consideration. Kind regards, Mike Mike Rodenbaugh Rodenbaugh Law 548 Market Street San Francisco, CA 94104 +1.415.738.8087 www.rodenbaugh.com Motion on the Fast Flux (FF) Hosting Policy Development Process (PDP) Whereas: On 30 May 2008, the GNSO Council initiated a PDP and chartered a Working Group, comprised of interested stakeholders and Constituency representatives, in collaboration with knowledgeable individuals and organizations, to develop potential policy options to curtail the criminal use fast flux hosting; Whereas the Working Group was asked to consider ten questions, specifically: 1. Who benefits from fast flux, and who is harmed? 2. Who would benefit from the cessation of the practice, and who would be harmed? 3. Are registry operators involved, or could they be, in fast flux hosting activities? If so, how? 4. Are registrars involved in fast flux hosting activities? If so, how? 5. How are registrants affected by fast flux hosting? 6. How are Internet users affected by fast flux hosting? 7. What technical, e.g. changes to the way in which DNS updates operate, and policy, e.g. changes to registry / registrar agreements or rules governing permissible registrant behavior measures could be implemented by registries and registrars to mitigate the negative effects of fast flux? 8. What would be the impact (positive or negative) of establishing limitations, guidelines, or restrictions on registrants, registrars and/or registries with respect to practices that enable or facilitate fast flux hosting? What would be the impact of these limitations, guidelines, or restrictions to product and service innovation? 9. What are some of the best practices with regard to protection from fast flux? 10. Obtain expert opinion, as appropriate, on which areas of fast flux are in scope and out of scope for GNSO policy making; Whereas the Working Group has faithfully executed the PDP, as stated in the By-laws, resulting in a Final Report delivered to the GNSO Council on 13 Aug 2009; Whereas the Working Group did not make recommendations for new consensus policy, or changes to existing policy; Whereas the Working Group has developed and broadly supports several recommendations, and outlined possible next steps; Whereas the GNSO Council has reviewed and discussed these recommendations and the Final Report; The GNSO Council RESOLVES: To encourage ongoing discussions within the community regarding the development of best practices and / or policy changes to identify and mitigate the illicit uses of Fast Flux; and To examine whether existing policy sufficiently empowers Registries and Registrars to mitigate illicit uses of Fast Flux, as a component of any future Registration Abuse PDP(s); and To encourage staff, interested stakeholders, and subject matter experts to analyze the feasibility of a Fast Flux Data Reporting System to collect data on the prevalence of illicit use, as a tool to inform future discussions and / or policy work; and To encourage staff to examine the role that ICANN can play as a "best practices facilitator" within the community; and To consider the inclusion of other stakeholders from both within and outside the ICANN community for any future Fast Flux policy development efforts; and To ensure that successor PDPs on this subject, if any, address the charter definition issues identified in the Fast Flux Final Report.

1 0

Proposed letter on extra support for Seoul meeting
by Avri Doria Aug. 7, 2009

Aug. 7, 2009

hi, At the last meeting I was asked to communicate with the Board requesting special consideration for travel at the next mtg. As I suggested at the time, I think it better to send this to Kevin Wilson, the CFO, as he is in charge of the policy and is responsible for granting exceptions. Of course if it is the will of the GNSO and the GNSO Council that I send this to the Board, as well or instead, then I will do so. Given what happened the last time I sent a letter with a 2 day notice, I am going to send this letter 14 days after the last significant edit. If there are no edits to the suggested wording or objections to the sending of the letter, I will send it on: 10 august. --- Letter to Kevin Wilson, I have been mandated by the GNSO council to request support not only for the members of the new bi-cameral council to be seated at Seoul, but also for those current council members who may not be continuing on the new council due to the reorganization. The reason this request is being made is to provide continuity to the GNSO council at this time of restructuring, reorganization and 'improvement.' Thank you Avri Doria for the GNSO Council

8 9

Fast Flux Hosting Final Report
by Glen de Saint Géry Aug. 6, 2009

Aug. 6, 2009

Dear All, Please find the Final Report of the Fast Flux Hosting Working Group at: http://gnso.icann.org/issues/fast-flux-hosting/fast-flux-final-report-06aug… which is posted on pages http://gnso.icann.org/issues/ and http://gnso.icann.org/index.html The report will be discussed during the GNSO Council meeting on Thursday 13 August 2009 See Item 4: Fast Flux Hosting Final Report http://gnso.icann.org/meetings/agenda-13aug09.shtml Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0

FW: Final Report of the Fast Flux PDP Working Group
by Glen de Saint Géry Aug. 6, 2009

Aug. 6, 2009

Forwarded From: James M. Bladel Subject: Final Report of the Fast Flux PDP Working Group Good Afternoon: The Fast Flux PDP Work Group has concluded their work, and submits this Final Report for you consideration (attached). Glen, Marika and Avri have arranged for a 30 min presentation / discussion session as part of the agenda for the next Council meeting on 13 Aug 2009, and we can address any questions at that time. Thank you, J. ________________________ James M. Bladel GoDaddy.com jbladel(a)godaddy.com<mailto:jbladel@godaddy.com> Mobile +1 319 331 9268

1 0

Updated Statement of Interest.
by Avri Doria Aug. 6, 2009

Aug. 6, 2009

Statement of Interest related to ICANN and the work of the GNSO Council including its various committees, working groups and drafting teams updated 090806 I am an independent research consultant and a part time adjunct professor at Luleå University of Technology (LTU) in Sweden. At LTU I supervise two Ph.D. students on Delay/Disruption Tolerant Networking Technology (DTN) and am responsible for creating a curriculum in Internet Governance. As a professor I am partially funded by European Community's Seventh Framework Programme FP7/2007-2011 under grant agreement n° 223994. I have a recurring part-time contract with UN-DESA and the Internet Governance Forum as a consultant on Internet Governance and WSIS follow-up activities. I am an associate of the Interisle Consulting Group, and currently have a Statement of Work with them and am engaged on state and municipal network designs and related governance issues. I have no involvement in any contracts Interisle may have with ICANN and maintain a strict wall between my activities with Interisle and their ICANN related activities. As part of my volunteer activities I give advice to various representatives of indigenous nomadic and semi-nomadic populations on Internet topics which include the possibility of obtaining a gTLD. These activities may involve providing assistance in obtaining a TLD including assistance in raising the necessary funding for a TLD, when and if that is an appropriate solution to their goals. I am not, however, currently involved in any such efforts. I also occasionally give advice within the UN system on Internet topics including TLD issues but am not involved in any activities the UN may or may not have related to obtaining TLDs. On 4 August 2009, I joined the NCUC in solidarity due to the mistreatment I believe the Non Commercial SG received in the restructuring process. I am especially concerned about the imposition by the Board of a charter that was not accepted by the NCSG, and by the disdainful treatment of community comment. I am also disturbed that the requirement for parity and equal conditions among the 4 Stakeholder Groups, something that was central to the restructuring plan, has been ignored when it comes to the NCSG. For the duration of my term, however, I will continue to function within the council as an NCA and as Chair in the same manner as I have up until now. That is, I will not be speaking for the NCUC on any issues within the purview of the GNSO Council, but will be speaking in my independent capacity. In terms of the GNSO Council and its various working groups, committees and teams, I currently have no employment, contract, statement of work, financial interest, share ownership or any other business relationship with ICANN, registries or registrars except as a registrant of several domain names. I participate in ICANN as a pro- bono activity because I believe in ICANN's mission as a volunteer/ multistakeholder led organization.

1 0

Apply Now For GNSO Council Non Commercial Seats
by Glen de Saint Géry Aug. 6, 2009

Aug. 6, 2009

[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] http://www.icann.org/en/announcements/announcement-05aug09-en.htm Apply Now For GNSO Council Non Commercial Seats 5 August 2009 Representation of the Non Commercial Community on the GNSO Council will double from three to six representatives this October when a new Council is seated in Seoul, South Korea. New transitional ICANN Board appointments will fill three of the new Council seats. This month the ICANN Board is accepting Statements of Interest from members of the non commercial community who would like to volunteer for these three new positions and potentially serve as full GNSO Councilors for the next two years. As outlined in the attached flyer [PDF, 226K | DOC, 148K] http://www.icann.org/en/committees/improvements/soi-notification-board-ncsg… this is a unique opportunity for leaders in the non commercial community to step forward and serve the ICANN community at a pivotal moment in the Internet's development. Background and Explanation: At its 30 July meeting the ICANN Board approved a transitional charter for a new Non Commercial Stakeholders Group (NCSG) (see - http://gnso.icann.org/en/improvements/ncsg-proposed-charter-30jul09-en.pdf) The charter sets out a transitional approach (Section 8 - Appendix) for selecting the NCSG's GNSO Council representatives. Under this transitional approach, the current Non-Commercial Users Constituency (NCUC) will elect 3 Council seats (in total). The remaining 3 seats will be temporary Board appointments with the expectation that additional non-commercial Constituencies will be formed/approved and participate in filling future NCSG Council seats. The transition period will be two years. Of the four new Stakeholder Group Charters approved by the Board last week, this temporary seat selection by the Board is unique to the NCSG. It reflects a fundamental view that the current non-commercial community participation in the GNSO is not yet sufficiently diverse or robust to select all six of the NCSG's allocated Council seats (as was originally intended by the Board's GNSO Improvements initiative). It is important to note that this condition is temporary. The Board expects that the new Board-appointees will work hard in the coming months with the ICANN Staff and the community to forge new relationships and structures that will achieve the Board's goal of a robust and diverse non-commercial community within the GNSO framework. At the direction of the Board's Structural Improvements Committee (SIC), the ICANN Staff has prepared a formal GNSO Council NCSG Position Notification Form [PDF, 60K | DOC, 71K] and a formal Statement of Interest Form application [PDF, 30K | DOC, 54K] for interested persons to review. The GNSO Council NCSG Position Notification Form explains the duties of the new positions. The Statement of Interest Form asks interested persons for some personal information and gives volunteers the opportunity to explain their interest in the positions and their qualifications for the Council member duties. The Board and ICANN Staff will keep all submissions in strict confidence and no personal contact information will be shared. The Process From Here: The Board hopes that a number of candidates will express their interest in volunteering for these new positions over the course of this month. The Structural Improvements Committee of the Board will evaluate all statements of interest and will make recommendations for finalists to the full Board for consideration at the Board's scheduled 30 September special meeting. Selected candidates will be notified as soon as possible to give them an opportunity to travel to and participate in the first meeting of the restructured GNSO Council in Seoul, South Korea on 28 October 2009. Deadline and How to Submit Statements of Interest: Statements of Interest will be accepted through Noon PDT on Monday 31 August 2009 at the email address - ncsg-seats(a)icann.org The promotional flyer announcing this opportunity can be found here: [PDF, 226K | DOC, 148K] http://www.icann.org/en/committees/improvements/gnso-councilor-recruitment-… The formal Statement of Interest Form can be found here: [PDF, 30K | DOC, 54K] http://www.icann.org/en/committees/improvements/soi-form-ncsg-council-posit… The formal Position Notification Form can be found here: [PDF, 60K | DOC, 71K] http://www.icann.org/en/committees/improvements/soi-notification-board-ncsg… Staff Responsible: Robert Hoggarth (please send specific questions or queries to policy-staff(a)icann.org) Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

2 1

Lead Networks Files for Arbitration
by Glen de Saint Géry Aug. 6, 2009

Aug. 6, 2009

[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] Lead Networks Files for Arbitration http://www.icann.org/en/announcements/announcement-2-05aug09-en.htm 5 August 2009 On Friday, 24 July 2009, Lead Networks Domains Pvt. Ltd. ("Lead Networks") began the process of commencing an arbitration proceeding with the American Arbitration Association ("AAA") challenging ICANN's decision to allow the RAA to expire without renewal because of Lead Networks' failure to comply with the requirements of its RAA http://www.icann.org/correspondence/burnette-to-malik-14jul09-en.pdf [PDF, 74K]. In its filing to initiate arbitration, Lead Networks requested that ICANN and the arbitration panel stay the non-renewal until an arbitration decision is rendered. Although Lead Networks allowed the RAA to expire before seeking to arbitrate, ICANN has determined that a temporary stay is warranted in this case to protect affected registrants and users. Lead Networks will be reinstated as a registrar effective Tuesday, 04 August 2009. Guidance is provided below for registrants who may be affected by this arbitration action. Frequently Asked Questions Q. How are registrants affected by Lead Networks' arbitration filing? A. Your domain names will remain with Lead Networks until the arbitration panel renders its decision or until you choose to transfer your domain name. In other words, during the arbitration, Lead Networks will operate as an ICANN-accredited registrar pursuant to the RAA and shall be required to comply with all contract provisions, the Uniform Domain Name Dispute Resolution Policy ( "UDRP"), and the transfer policy. Q. What happens if I have a pending UDRP administrative proceeding involving a domain name sponsored by Lead Networks? A. Continue with the proceedings, as you do not need to do anything additional right now. Lead Networks will continue to be obligated to perform under the RAA and, thus, will be required to enforce the decision once panel provides its ruling. Q. What happens if I won a UDRP administrative proceeding involving a domain name sponsored by Lead Networks? A. In accordance with the RAA, Lead Networks is required to enforce the arbitration panel's decision unless the registrant provides evidence of a lawsuit against the complainant in a court of mutual jurisdiction within 10 business days of the issuance of the UDRP decision. If Lead Networks has not enforced the decision, please immediately submit a report pursuant to the UDRP Intake Report System at http://www.internic.net/UDRPIntakeReportSystem.html. Please be sure to complete all fields and follow all prompts. Q. What action is ICANN planning to take? A. During the arbitration process, ICANN intends to aggressively defend its decision not to renew the RAA with Lead Networks. Q. How long will it take to complete the arbitration? A. Arbitration is unpredictable. ICANN hopes and will request that the arbitration panel conclude the arbitration as quickly as possible, but it could be several months before an arbitration decision is rendered. Q. What affect does the arbitration filing have on ICANN's previously announced bulk transfer process? A. ICANN will continue to complete the process pursuant to the De-Accredited Registrar Transition Procedure (posted at http://www.icann.org/en/processes/registrars/de-accredited-registrar-transi… [PDF, 119K]) in order to be prepared to authorize a bulk transfer of the names upon conclusion of the arbitration, if necessary and such a transfer would promote the community interest. Q. I have read everything above, but still have some questions about my domain name. Whom should I contact? A. You should contact Lead Networks first with any issues. If you are still not able to get answers to your questions, please contact ICANN's contractual compliance team at compliance(a)icann.org. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0

Results of Domain Name Front Running Study
by Glen de Saint Géry Aug. 5, 2009

Aug. 5, 2009

http://www.icann.org/en/announcements/announcement-04aug09-en.htm Results of Domain Name Front Running Study 4 August 2009 In an attempt to contribute to community discussion regarding domain name front running, ICANN commissioned a study to assess the occurrence of domain name front running. The SSAC defined domain name front running as "an opportunity for a party to obtain some form of insider information regarding an Internet user's preference for registering a domain name and to use this opportunity to preemptively register that domain name. In this scenario, "insider information" is information gathered from the monitoring of one or more attempts by an Internet user to check the availability of a domain name." Several members of the Internet community have expressed concern regarding the suspected occurrence of domain name front running. Internet security expert, Benjamin Edelman [PDF, 36K], conducted a front running study at ICANN's request. In three rounds of tests over a ten-month period, Mr. Edelman searched for evidence of front running by leading domain registration and domain availability-checking sites. More than 600 tests yielded no evidence of front running. Please see the Front Running Study: Testing Report [PDF, 120K] http://www.icann.org/en/compliance/edelman-frontrunning-study-16jun09-en.pdf for details regarding the methodology used and study findings. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0