October 2010 - council - lists.icann.org

Draft GNSO Council Election Procedures for the GNSO Council Chair to be seated in Cartagena
by Glen de Saint Géry 25 Oct '10

25 Oct '10

Dear All, Please find the draft GNSO Council Election Procedures for the GNSO Council Chair to be seated in Cartagena in December 2010. In addition, these procedures will be posted on pages: http://gnso.icann.org/ http://gnso.icann.org/elections/index.html DRAFT COUNCIL ELECTION PROCEDURES OCTOBER/ NOVEMBER 2010 Prepared 25 October 2010 This document contains the GNSO Council Election Procedures for the GNSO Council Chair to be seated in Cartagena in December 2010. References * ICANN Bylaws (http://www.icann.org/en/general/bylaws.htm#X ) Article X, Section 3, paragraph 7. The GNSO Council shall select the GNSO Chair for a term the GNSO Council specifies, but not longer than one year. Each House (as described in Section 6 of this Article) shall select a Vice-Chair, who will be a Vice-Chair of the whole of the GNSO Council, for a term the GNSO Council specifies, but not longer than one year. The procedures for selecting the Chair and any other officers are contained in the GNSO Operating Procedures. In the event that the GNSO Council has not elected a GNSO Chair by the end of the previous Chair's term, the Vice- Chairs will serve as Interim GNSO Co-Chairs until a successful election can be held. * GNSO Council Operating Procedures approved on 5 August 2010 (http://gnso.icann.org/council/gnso-op-procedures-05aug10-en.pdf ) 2.2 Officer Elections: Chair and Vice-Chairs - The GNSO Council shall select the GNSO Chair and two Vice Chairs as follows: a. The GNSO Chair shall be elected by a 60 percent vote of both houses. b. Each house will be allowed one candidate for GNSO Council Chair. A candidate for GNSO Council Chair does not need to be a member of a house but must be a member of the GNSO Council. Should a Chair be elected outside the houses that Chair will be a non-voting Chair. i. All ballots will include the "none of the above" option. In the event that this option gets 60 percent of both houses, each house will commence a new nomination period of not longer than 15 days. The election will be rescheduled for no sooner than 30 days. ii. In the case of a tie the election will be rescheduled no sooner than 30 days. In the case of a second tie, each house will commence a new nomination period of not longer than 15 days. The election will be rescheduled for no sooner than 30 days. iii. The leading candidate will be defined as the one with the highest score. For each candidate, determine the percentage of vote received in each house; add these percentages to determine the score; the leader is the one with the higher score. (Maximum score equals 200.) iv. In case neither candidate reaches the 60 percent of both houses threshold, a second ballot will be held between the leader and "none of the above." v. If the single candidate does not reach the 60 percent of both houses threshold, then each house will commence a new nomination period of not longer than 15 days. The election will be rescheduled for no sooner than 30 days. c. Each house shall select a Vice Chair within their respective houses. d. A Chair and Vice Chair may not be elected from the same Stakeholder Group. e. The Chair or Vice Chair shall retain their votes in their respective houses. f. In the event that the GNSO Council has not elected a GNSO Council Chair by the end of the previous Chair's term, the Vice-Chairs will serve as Interim GNSO Co-Chairs until a successful election can be held. g. The Council shall inform the Board and the Community appropriately and post the election results on the GNSO website within 2 business days following the election. Chair Qualifications Summary Nominees must be members of the council at the time the election is held and not necessarily at the time that the nominations are made. This means that: * A current council member who will not be in the new council is not eligible to run for chair. * An incoming council member who is not currently in the council is eligible to run for chair. Only current GNSO Council members are eligible to make nominations and second nominations. Chair Nomination Process Per the GNSO Operating Procedures referenced above (Section 2.2.b): "Each house will be allowed to nominate one candidate for GNSO Council Chair. Each house is responsible for determining how to nominate its candidate." To allow for the possibility of a timely Council election process in Cartagena, each house is asked to submit its nominee for Council chair for the term beginning at the end of the 2010 ICANN annual meeting not later than 10, November 2010. Nominees shall submit a candidacy statement in writing to the GNSO Secretariat (gnso.secretariat(a)gnso.icann.org) as soon as possible after they have been selected by their house and not later than 22:00 UTC on 12, November 2010. A candidate for GNSO Council Chair does not need to be a member of the house selecting the candidate. Should the non voting NCA be elected as chair he/she would be a non-voting chair. The two houses may, separately, select the same candidate from the nominee pool if they so wish. House nominations for Council Chair should be sent to gnso.secretariat(a)icann.org. The GNSO Secretariat will send each House's nomination to the Council list as soon as it is received. Voting Procedure The candidates from each of the houses shall have the opportunity of meeting with Council Members during the GNSO Council meeting on 18 November 2010. The first round of voting for Council Chair will be held electronically from 19 November until 2 December 2010. The GNSO Secretariat will announce the results of the first round of voting no later than 3 December 2010. If no election of chair occurs in the first round of voting, the GNSO Operating Procedures quoted above in Section 2.2.b will be followed. Seating of the New Chair Chuck Gomes, current GNSO Council chair, will serve as chair of the Council meeting on 8 December 2010. The newly elected chair of the Council shall assume responsibilities at the end of the 2010 ICANN Annual meeting or as soon as an election occurs thereafter. If no chair has been elected by the end of the Annual meeting on 10 December 2010, the vice-chairs will assume the chair responsibilities as defined in the Bylaws and a runoff will be scheduled as described in the GNSO Operating Procedures. The winning candidate needs 60% of the votes of each house. The Council shall inform the Board and the Community appropriately and post the election results on the GNSO website within 2 business days following the election. (Note: The Election of Vice Chairs is house specific and will be defined elsewhere) Please let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Disclosures of Interest for 28 Oct Meeting
by Gomes, Chuck 24 Oct '10

24 Oct '10

If any Councilor has a Disclosure of Interest for our 28 Oct Meeting regarding an agenda item that is not already covered in your Statement of Interest, please submit it to the Council list in advance of the meeting. The main issues for this meeting are: * GNSO Prioritization * Election Procedures for Council Chair & Vice Chairs * Whois Study #3 - WHOIS Privacy and Proxy Abuse * Voting Procedures when Councilors are absent &/or must abstain * Disclosure of Interest Procedures Per the GNSO Operating Procedures, Section 5.4, we are required to poll Councilors regarding "any direct or indirect interests that may affect a Relevant Party's judgment on an issue that is under review, consideration, or discussion". . . Chuck

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FW: Statement of interest David Taylor
by Glen de Saint Géry 22 Oct '10

22 Oct '10

Forwarded From: Taylor, David Hi Glen Please see below my updated SOI Kind regards David Dr. David Taylor Statement of Interest - David Taylor - European representative, Intellectual Property Constituency Updated October 21 2010 I am a Partner in Hogan Lovells International LLP ("Hogan Lovells"), an international law firm with 2500 lawyers worldwide and I head up the firms Domain Name Practice called Anchovy®. I work out of our Paris office and am a qualified lawyer in both England and France with a background in engineering and a PhD in Physics. I specialize in advising clients in intellectual property and technology issues because I find them interesting and in particular the protection of brands online and domain names. I formed our specialised stand alone domain name practice, called Anchovy®, over a decade ago, for brand owners worldwide offering a one stop shop for all domain name related matters including strategy, portfolio management and enforcement across the globe. The Hogan Lovells domain name practice is an integral part of the firm's full brand protection service. From time to time Hogan Lovells has represented firm clients in intellectual property matters adverse to registrars and it is likely to do so periodically in the future. We may also, from time to time, represent registrars during the course of our business. I have filed numerous UDRPs since its inception in 1999 and many other complaints under specific ccTLD dispute resolution policies. I have also acted for numerous respondents in such matters. I also act as an independent domain name panelist with WIPO (for the UDRP) the Czech Arbitration Court (for .EU and the UDRP), Nominet (for .UK) and Malaysia (.MY). Our firm is an accredited domain name registrar with ICANN as well as for a number of ccTLDs. With regard to new gTLDs I am advising a number of our clients generally on developments, risks and opportunities some of whom may apply for a new gTLD in due course. I am an individual member of the IPC and member of various other Intellectual Property organisations; INTA, Marques, ECTA and the Society of Computers and Law. I am currently a special advisor to the INTA Internet Committee. I have no financial or any relevant interests in ICANN or the GNSO. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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Agenda - 28 October 2010 ICANN Board Meeting
by Bruce Tonkin 22 Oct '10

22 Oct '10

From: http://www.icann.org/en/minutes/agenda-28oct10-en.htm Agenda - 28 October 2010 ICANN Board Meeting 28 October 2010 1. Executive Session a. Approval of CEO Objectives & Metrics 2.Consent Agenda a. Approval of Minutes of 5 August 2010 ICANN Special Board Meeting b. Approval of Minutes of 25 September 2010 ICANN Special Board Meeting c. From the SSAC – Changes to SSAC Membership d. From the Board Governance Committee – Approval of revised Board Audit Committee Charter and Board Executive Committee Charter e. From the Board Governance Committee – Approval of Chair and Vice-Chair Position Descriptions f. From the Board Governance Committee – Approval for Posting of Bylaw Changes relating to Transition of Board Terms g. From the Board Structural Improvements Committee – Approval of Bylaws Necessary to Seat Director from At-Large Community h. From the Board Structural Improvements Committee – Approval of Posting for Comment of SSAC Related Changes to ICANN Bylaws i. From the Board Structural Improvements Committee – Approval of Posting for Comment of Nominating Committee Chair-Elect Changes to ICANN Bylaws j. Ratification of MOU with Global Cyber Security Center (ES-SEC) k. Approval of Funding Source for New gTLD Deployment Budget Main Agenda 3. President & CEO’s Report 4. IDN ccTLDs a. Update on IDN ccTLDs b. Issues Report on Variant Management 5. Delegation of قطر. ("Qatar") 6. Re-delegation of .QA (QATAR) top-level 7. New gTLD Program a. Update on Timeline b. Vertical Integration c. GNSO New gTLD Recommendation 6 Objection Process d. GAC Issues Letter including Geographic Names e. Affirmation of Commitment Considerations 8. ICM Registry Sponsored Top-Level Domains – .XXX 9. Status Report on AOC Reviews 10. Oversight of Board Committees – Report of Board Finance Committee & Board Audit Committee 11. Any Other Business

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Updated Statement of Interest
by Terry L Davis 21 Oct '10

21 Oct '10

Chuck/Glen Below is my updated statement of interest. I retired from Boeing on October 7th and joined iJet Onboard on the 18th. Take care Terry Davis GNSO Nomcom ============================================================================================= Statement of Interest I am the Chief Scientist for "iJet Onboard" of Seattle, Washington. I serve as their primary technical advisor and consultant on aviation communications; links, network, security, supporting systems, system engineering, etc. I am also a member of the University of Washington's Information Assurance Advisory Board. As part of my activities for iJet, I support several aviation and industry standards organizations; these include IEEE, IETF, ARINC, ATA, and ICAO. In my current work in support of these organizations, I am currently serving as a technical advisor to ICAO's Aeronautical Communication Panel, Working Group-I. In this role I am providing liaison with IANA and ARIN on the IPv6 address requirements for the Next Generation Air Traffic Management Networks. Also as part of this work I also have an interest in a quasi-governmental TLD that the International Civil Aviation Organization (ICAO) may consider for the Next Generation of Air Traffic Management (ATM) Network. Neither myself or iJet currently have any 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.

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Scheduling Process for Cartagena
by Glen de Saint Géry 20 Oct '10

20 Oct '10

Dear All, Please note these deadlines and procedures for all document posting for the Cartagena meetings. What must be posted by the 15th of November? The document deadline policy adopted by the Board in Seoul provides, amongst other things, that: "The Board has approved a single deadline for international public meetings of 15 working days before the official opening of the meeting." Working days are defined as weekdays, with a calendar week representing five working days. Public holidays are not treated as exceptions. The first day of the meeting is the one on which the opening ceremony is held. The document deadline relates to the time at which the documentation is available for public review and download. The document deadline applies to meeting agendas. Meeting agendas are defined as an overview of all public sessions taking place within the conference venue, both in the days before the official opening ceremony and after the final Board meeting. That overview should include: * a breakdown of topics to be discussed * a list of speakers/panelists split up according to relevant subject * an explanation of the session's goals and expected outcomes * hyperlinks to relevant documentation. NO FURTHER CHANGES TO THE SCHEDULE WILL BE MADE AFTER THE 15TH OF NOVEMBER. This does not include changes to the content of session pages (i.e. agenda details or summary text). Requests for changes after the 15th will be subject to the following change-management process (NO EXCEPTIONS): Process for adding new sessions to the Meeting public schedule less than 15 working days prior to the Meeting start If a new session is to be added within the 15-day window, it must be urgent and meet requirements, like: * A failure to hold the meeting will endanger ICANN committed deliverables, critical progress on an issue, or accomplishing something integral to ICANN's mission or is likely to: o Create material legal liability; o Create an unacceptable negative accountability or transparency perception; or o Create or cause financial losses. * The meeting may not be organised in conflict with any previously identified cross-community session that would cause a conflict for many attendees. * All the informational requirements of the meeting must be provided with (or as soon as possible after) the initial request - including complete agenda, required other information, and technical requirements. * The organiser provides clear and sufficiently detailed explanation of why the meeting meets the criteria for a late addition. In cases where there are less than 5 working days before the start of a meeting: 1. Sessions added in this period must meet the requirements above. 2. Organisers of meetings that meet the requirements must give 24 hours advance notice. 3. Meetings added are subject to space and services availability 4. The meeting may not be organised in conflict with any previously-identified cross-community timeslot. The COO will make a decision on requests received, using the criteria above, and provide a decision within 24 hours. * If the request is rejected, reasons will be provided to interested community members. In either case, the organiser will be notified. * The details of all meetings added or not added will be retained and published in the interests of transparency and accountability of decision-making. * If the organiser wishes to have the request reconsidered, the reconsideration will be handled by the Chair of the Public Participation committee of the Board of ICANN. Please feel free to contact me if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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FW: GCOT recommendations
by Gomes, Chuck 19 Oct '10

19 Oct '10

Please note that the GCOT submitted the attached recommended changes to the GNSO Operating Procedures relating to statements of interest and declarations of interest. The next step will be for the OSC to review and make recommendations to the Council and/or the GCOT. Because of a typically full agenda, we will likely not have time to discuss these in our 28 October Council meeting, but I encourage Councilors to send any comments they have to members of the OSC as they consider the suggested changes. Here are the names of GNSO participants who are listed as members of the OSC: * Olga Cavalli - Alternate Chair (NomCom Appointee) * Avri Doria (Non Commercial Stakeholder Group) * Chuck Gomes - (GNSO Council Chair) * Ray Fassett (gTLD Registries Stakeholder Group) * Robin Gross (Non Commercial Stakeholder Group) * Wolf-Ulrich Knoben (Internet Service Providers Constituency) * Vanda Scartezini (ALAC) * Philip Sheppard (Business Constituency) * Ken Stubbs (gTLD Registries Stakeholder Group ) * Steve Metalitz (Intellectual Property Constituency) * Stéphane Van Gelder (Registrar Stakeholder Group) Chuck From: Ray Fassett [mailto:ray@goto.jobs] Sent: Tuesday, October 19, 2010 12:30 AM To: philip.sheppard(a)aim.be Cc: Gomes, Chuck Subject: GCOT recommendations Philip & Chuck, attached are the recommendations of the GCOT specific to Section 5 to the Rules of Procedure for consideration by the OSC. There is both a red-line and clean version. The red-line version has a brief explanatory comment from me for each edit. I will summarize below each of the recommendations: 1. To clarify that declarations of interest are not to be written documents 2. To exempt ICANN staff personnel from the requirement of completing statements of interest (upon condition as stated) 3. To simplify the questions pertaining to the statement of interest form while keeping to their intent (note this is section 5.3.3 originally not adopted by the Council that we hope now will be as a result of these edits, assuming approved by the OSC.) 4. To remove the condition that participants are to be individually polled by the Chair for updates to their disclosure of interest due to feedback we've received relative to the inefficiency of this condition in practice. I think that's it. Please let me know if any questions. While the GCOT will remain cooperatively on standby for any additional guidance from the OSC, there is no additional work slated to our agenda at this time. Thanks, Ray

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Final Report on Proposals for Improvements to the Registrar Accreditation Agreement
by Glen de Saint Géry 19 Oct '10

19 Oct '10

Dear All, Please note that the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement http://gnso.icann.org/issues/raa/raa-improvements-proposal-final-report-18o… has been posted on pages: http://gnso.icann.org and http://gnso.icann.org/issues under the heading: Registrar Accreditation Agreement * Final Report on Proposals for Improvements to the Registrar Accreditation Agreement http://gnso.icann.org/issues/raa/raa-improvements-proposal-final-report-18o… Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Re: [council] Kurt Question
by Kurt Pritz 18 Oct '10

18 Oct '10

Hi Adrian: There is a Board meeting on the 28th with new gTLDs as an agenda item, and right around that time, maybe a week later, the work on the Guidebook will be wrapped. Those two events will indicate both a Board and staff intent on whether to propose the Guidebook version as final. Hope this is helpful. Kurt ----- Original Message ----- From: Adrian Kinderis <adrian(a)ausregistry.com.au> To: Adrian Kinderis <adrian(a)ausregistry.com.au>; Kurt Pritz Cc: Bruce Tonkin <Bruce.Tonkin(a)melbourneit.com.au>; 'Council GNSO' <council(a)gnso.icann.org> Sent: Fri Oct 15 14:44:35 2010 Subject: RE: [council] Kurt Question Kurt, Just following up on the below. Thanks. Adrian Kinderis Chief Executive Officer AusRegistry International Pty Ltd Level 8, 10 Queens Road Melbourne. Victoria Australia. 3004 Ph: +61 3 9866 3710 Fax: +61 3 9866 1970 Email: adrian(a)ausregistry.com Web: www.ausregistry.com - Follow AusRegistry International on Twitter: www.twitter.com/ausregistryint The information contained in this communication is intended for the named recipients only. It is subject to copyright and may contain legally privileged and confidential information and if you are not an intended recipient you must not use, copy, distribute or take any action in reliance on it. If you have received this communication in error, please delete all copies from your system and notify us immediately. -----Original Message----- From: Adrian Kinderis Sent: Wednesday, October 13, 2010 8:15 AM To: Kurt Pritz Cc: Bruce Tonkin; Council GNSO Subject: RE: [council] Kurt Question Kurt, Thanks for taking the time to respond. Your budget analogy is a good one. I understand that, like the budget, comment from the Community could be accepted and considered all the way up the Board meeting. So, with that in mind are you able to say whether the staff will be putting forward to the Board a "Proposed Final Applicant Guidebook" prior to the December ICANN Meeting? With respect to your idea on the review of comments being limited to certain areas. I like the idea in principle and would be supportive of it. However, as we have seen in the past, no area is off limits to certain community and even those that we considered "locked away" some time ago seem to be reopened at their whim. It may be difficult to roll this out. An answer to the above would be appreciated. Adrian Kinderis -----Original Message----- From: Kurt Pritz [mailto:kurt.pritz@icann.org] Sent: Saturday, 9 October 2010 5:15 AM To: Adrian Kinderis Cc: Bruce Tonkin; Council GNSO Subject: Re: [council] Kurt Question Hi Adrian: Evidently, when the subject line includes the word "Kurt, " the email is labelled as junk. I'm not sure what that means. Bruce is right, of course. The parallel I would draw is with the ICANN budget. ICANN posts a "Proposed Final Budget" prior to the June ICANN meeting. There is comment before and during the meeting that the Board considers. Similarly, with new gTLDs, ICANN could publish a proposed final Guidebook. When proposed, the Board could decide to approve the Guidebook as approved, or to approve it with certain tweaks, or to have more extensive analysis again. As you know, there has been comment and analysis on many, many aspects of the Guidebook. All the comments to date have been addressed, although not always in the way the commenters request. Given the diversity of interests, I think that is impossible. Given the depth of analysis to date and the most recent set of Board resolutions, perhaps review of comments in this next version of the Guidebook be limited in some way to changes in the Guidebook or new topics. What do you think? Kurt On Oct 7, 2010, at 10:52 PM, Adrian Kinderis wrote: > > Thanks Bruce. Very firm. I like it. > > However, it is all in how you look at it. > > The staff can certainly put something forward that they may consider "final" and yes the Board may not approve it. However, the staff could still have thought that they were "final". > > My question was to Kurt, and therefore staff, in that, does he believe that the next version will be the one they expect the Board to sign off on or will it be sent back for public comment. > > A legitimate question given staff's history of announcing that they expect future drafts every time they have released one. > > A response would be appreciated. > > Adrian Kinderis > > > -----Original Message----- > From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Bruce Tonkin > Sent: Friday, October 08, 2010 3:50 PM > To: Council GNSO > Subject: RE: [council] Kurt Question > > > Hello Adrian, > > >>> Does that mean there will be others and the next won't be "final"? > > It will be final when the Board approves it. Until then it is always a > draft. > > Regards, > Bruce Tonkin > > > >

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Final Report on Proposals for Improvements to the RAA
by Margie Milam 18 Oct '10

18 Oct '10

Dear Councilors, On behalf of the Joint GNSO/ALAC RAA Drafting Team, I am pleased to deliver the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement to the GNSO Council for its review and consideration. Please note that the version attached to this email is a condensed version which includes the entire text of the Final Report but excludes all exhibits. With exhibits, the Final Report is 179 pages long. The complete Final Report, with all exhibits, will be posted on the GNSO Council's home page shortly. Best Regards, Margie ________ Margie Milam Senior Policy Counselor ICANN _________

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