November 2010 - council - lists.icann.org

RE: [gnso-vi-feb10] Board Resolution 2010.11.05.20
by Mike Rodenbaugh Nov. 10, 2010

Nov. 10, 2010

I agree that there is nothing else this WG should do, and it should be disbanded. Curious to know if there are any different views in the WG or on Council. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com -----Original Message----- From: owner-gnso-vi-feb10(a)icann.org [mailto:owner-gnso-vi-feb10@icann.org] On Behalf Of Avri Doria Sent: Wednesday, November 10, 2010 6:40 AM To: Gnso-vi-feb10(a)icann.org Subject: [gnso-vi-feb10] Board Resolution 2010.11.05.20 Hi, On seing this resolution by the Board, I am not sure what more the VI WG could do. The Board seem to have chosen from the VI WG smorgasbord quite well. And someday, if we see abuses, the GNSO can open a new PDP. a. http://www.icann.org/en/minutes/resolutions-05nov10-en.htm Resolved, (2010.11.05.02), the Board directs the CEO to include the following principles relating to registry-registrar cross-ownership in the forthcoming version of the Applicant Guidebook. . ICANN will not restrict cross-ownership between registries and registrars. Registry operators are defined as the registry operator and all other relevant parties relating to the registry services. . Registry agreements will include requirements and restrictions on any inappropriate or abusive conduct arising out of registry-registrar cross ownership, including without limitations provisions protecting against: . misuse of data; or . violations of a registry code of conduct; . These provisions may be enhanced by additional enforcement mechanisms such as the use of self-auditing requirements, and the use of graduated sanctions up to and including contractual termination and punitive damages. . ICANN will permit existing registry operators to transition to the new form of registry agreement, except that additional conditions may be necessary and appropriate to address particular circumstances of established registries. . ICANN will have the ability to refer issues to relevant competition authorities. . ICANN will have the ability to address possible abuses that may arise out of registry-registrar cross-ownership through the consensus policy process.

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FW: 5 November 2010 - ICANN Board of Directors Special Board Meeting - Adopted Resolutions Posted
by Gomes, Chuck Nov. 10, 2010

Nov. 10, 2010

FYI Chuck -----Original Message----- From: John Jeffrey [mailto:john.jeffrey@icann.org] Sent: Wednesday, November 10, 2010 3:10 AM To: Gomes, Chuck; louie(a)louie.net; langdonorr(a)gmail.com; Heather.Dryden(a)ic.gc.ca; junsec(a)wide.ad.jp; Chris Disspain (ceo(a)auda.org.au) Steve Crocker (steve(a)shinkuro.com) Cc: Peter.dengatethrush(a)icann.org; Rod Beckstrom Subject: 5 November 2010 - ICANN Board of Directors Special Board Meeting - Adopted Resolutions Posted SO and AC Chairs, Please note that we have posted the adopted resolutions from a Special Board Meeting that was held on 5 November 2010. We have also posted an announcement regarding a decision that was taken by the Board of Directors regarding New gTLDs on Cross Ownership by Registries and Registrars. Below are the links: http://www.icann.org/en/minutes/resolutions-05nov10-en.htm http://www.icann.org/en/announcements/announcement-09nov10-en.htm Please let us know if you have any questions. best regards, John Jeffrey General Counsel & Secretary ICANN 4676 Admiralty Way, Suite 330 Marina del Rey, CA USA 90292 direct dial - +1.310.301.5834 mobile - +1.310.404.6001

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FW: Question re: Second SOI/DOI Motion
by Gomes, Chuck Nov. 9, 2010

Nov. 9, 2010

In our last Council meeting, there was discussion of two different possible motions regarding the requirement for Disclosures of Interests in th GNSO Operating Procedures. Stéphane already made a motion to delete the requirement. The other alternative discussed was to modify the procedures as proposed by the GCOT; a motion to that effect is attached. If anyone wants to make this alternative motion, please do so by Wednesday, 9 November. Chuck From: Julie Hedlund [mailto:julie.hedlund@icann.org] Sent: Monday, November 08, 2010 3:11 PM To: Gomes, Chuck Cc: Liz Gasster; Robert Hoggarth; Glen de Saint Géry Subject: Question re: Second SOI/DOI Motion Chuck, I think that there were two possible motions concerning the SOI/DOI procedures arising from the last GNSO Council meeting. One was that which Stephane requested, which was the version of the SOI/DOI procedures provided by the Work Team but without the DOI procedure. I am not sure, but I thought you also asked for a motion on the version provided by the Work Team in which the DOI procedures were not deleted. If so, I have prepared for your consideration a motion along those lines and the accompanying revised procedures. The motion is the same as the one I provided to Stephane except for the fact that the DOI procedures are not deleted. Let me know if this is useful to you and, if so, whether you would like me to make any changes. Thanks, Julie

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Questiond from t stakeholder group/constituency members for the candidates
by Glen de Saint Géry Nov. 8, 2010

Nov. 8, 2010

Dear Council Members, A reminder that the GNSO Chair election procedures make provision that 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 at 11:00 UTC. Would you please collect questions from the members of your stakeholder groups/constituencies and please send them to the Council list ahead of the Council meeting so that the candidates can prepare themselves. Candidate statements will be posted on the Council list and the GNSO home page. Thank you very much. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Contracted Parties House Nomination for Chair
by Tim Ruiz Nov. 8, 2010

Nov. 8, 2010

I am please to nominate Stephane Van Gelder as our House nominee for Council Chair. Stephane has served as our House Vice Chair over the last year and has also Chaired in Chuck's absence. He has done so with skill and conviction and we believe he would serve the Council well as Chair. Tim

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Bots-Trojans & Fast Flux
by Terry L Davis, P.E. Nov. 5, 2010

Nov. 5, 2010

All If you don't happen to track such things, this is why fast-flux is such a big deal. <http://links.techwebnewsletters.com/ctt?kn=86&m=35956568&r=MzAwMzg2NzQyMAS2 &b=0&j=ODU5MTc2NjcS1&mt=1&rt=0> New Technique Spots Sneaky Botnets Take care Terry

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Draft minutes GNSO Council meeting on 28 October 2010.
by Glen de Saint Géry Nov. 5, 2010

Nov. 5, 2010

Dear Councillors, Attached please find the draft minutes of the GNSO Council meeting on 28 October 2010. Please let me know if you would like any changes made. If no comments are received, these minutes will be published, as approved on the website on page: http://gnso.icann.org/calendar/index.html#nov on Monday, 15 November 2010. 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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Action Item Reminders
by Gomes, Chuck Nov. 5, 2010

Nov. 5, 2010

Please note the following action items from our Council meeting one week ago: 1. Assuming we dispense with the prioritization effort, Councilors are encouraged to communicate ideas on the Council mailing list on how to make decisions regarding whether or not to proceed on a project; the aim would be to compile a list of factors that can be used to make choices, and over time develop criteria for choosing projects and work items. 2. Request for Stakeholder Groups and constituencies to submit topics and questions on New gTLDs to the Council mailing list for Kurt Pritz to discuss at the GNSO Working Session on Sunday 5 December in Cartagena. (Note that this probably will be easier to do after the next version of the applicant guidebook is published.) 3. The Houses need to provide nominees for GNSO Council chair by 10 November 2010. The Houses need to make recommendations for Nominating Committee Appointee assignment to each house in the next two weeks. Chuck

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Draft GNS Council Agenda 18 November 2010 at 11:00 UTC
by Glen de Saint Géry Nov. 4, 2010

Nov. 4, 2010

Agenda for GNSO Council Meeting 18 November 2010. http://gnso.icann.org/meetings/agenda-council-18nov10-en.htm https://st.icann.org/gnso-council/index.cgi?proposed_agenda_18_november_2010 https://st.icann.org/gnso-council/index.cgi?18_november_motions This agenda was established according to the GNSO Council Operating Procedures approved 5 August 2010 for the GNSO Council. http://gnso.icann.org/council/gnso-op-procedures-05aug10-en.pdf For convenience: * An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda. * An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda. Meeting Time 11:00 UTC Coordinated Universal Time:11:00 UTC - see below for local times (03:00 Los Angeles, 06:00 Washington DC, 11:00 London, 12:00 Brussels, 22:00 Melbourne ) Dial-in numbers will be sent individually to Council members. Councilors should notify the GNSO Secretariat in advance if a dial out call is needed. GNSO Council meeting audiocast http://stream.icann.org:8000/gnso.m3u Item 1: Administrative matters (15 minutes) 1.1 Roll call of Council members and polling for Disclosures of Interest * 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" in this meeting. Here is the definition provided in the procedures: "Disclosure of Interest: Relevant to a specific issue at a specific time. A written statement made by a Relevant Party of direct and indirect interests that may be commercial (e.g. monetary payment) or non-commercial (e.g. non-tangible benefit such as publicity, political or academic visibility) and may affect, or be perceived to affect, the Relevant Party's judgment on a specific issue." The main issues for this meeting are * GNSO Project Decision Making * Status of Council Chair Nominations and NCA Assignments * Disclosure of Interest Procedures motion 1.2 Update any statements of interest 1.3 Review/amend agenda 1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures: * 28 October 2010 meeting minutes - Scheduled for approval on November 2010. Item 2: GNSO Project Decision Making (15 minutes) 2.1 Considering the prioritization discussions we had on 28 October and prior to that, is the following a possible way forward: Rather than spending more time prioritizing GNSO projects, develop criteria for making decisions on a case by case basis? * Discussion * Other alternatives? * Volunteers? 2.2 Next steps? Item 3: Election of Council Chair & Vice Chairs (10 minutes) Refer to procedures approved on 28 October: http://gnso.icann.org/elections/election-procedures-2010.htm * Chair Nominees? * Non-contracted Party House (TBD) * Contracted Party House (TBD) 3.2 NCA Assignments? * Non-contracted Party House (TBD) * Contracted Party House (TBD) 3.3 Status of OSC/GCOT review of the election process (?) Item 4: Disclosure of Interest Procedures (15 minutes) 4.1 Refer to revised procedures: http://gnso.icann.org/drafts/gnso-operating-procedures-revisions-15oct10-en… 4.2 Refer to motion: https://st.icann.org/gnso-council/index.cgi?18_november_motions 4.3 Discussion 4.4 Vote (Note that absentee voting is not allowed for this motion.) Item 5: Final Report on Proposals for Improvements to the Registrar Accreditation Agreement (20 minutes) 5.1 Refer to final report: tp://gnso.icann.org/issues/raa/raa-improvements-proposal-final-report-18oct…<http://gnso.icann.org/issues/raa/raa-improvements-proposal-final-report-18o…> 5.2 Overview of report http://gnso.icann.org/correspondence/final-report-raa-improvements-28oct10-… 5.3 Discussion 5.4 Next steps? Item 6: Planning for Cartagena Meetings (15 minutes) 6.1 Changes to schedule (Stéphane Van Gelder, Glen de Saint Géry) http://gnso.icann.org/meetings/gnso-draft-agenda-cartagena-26oct10-en.pdf 6.2 Topic(s) for Joint meetings with the GAC & ccNSO * Refer to discussion paper titled " Proposed discussion of Cross-SO/AC policy development work ": http://gnso.icann.org/drafts/draft-cross-so-ac-policy-discussion-28oct10-en… * Overview of paper (Liz Gasster) * Status of topic for GAC & ccNSO joint meetings (Chuck Gomes) * Discussion? 6.3 Other agendas Item 7: New gTLD Applicant Guidebook (25 minutes) 7.1 Refer to latest version of the guidebook: (Insert link) 7.2 Highlights (Kurt Pritz?) 7.3 Discussion 7.4 Action Items? 7.5 Joint Applicant Support Recommendations (Karla Valente?) Item 8: Other Business (10 Minutes) Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3) 9. Except as otherwise specified in these Bylaws, Annex A hereto, or the GNSO Operating Procedures, the default threshold to pass a GNSO Council motion or other voting action requires a simple majority vote of each House. The voting thresholds described below shall apply to the following GNSO actions: 1. Create an Issues Report: requires an affirmative vote of more than 25% vote of each House or majority of one House; 2. Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A): requires an affirmative vote of more than 33% of each House or more than 66% of one House; 3. Initiate a PDP Not Within Scope: requires an affirmative vote of more than 75% of one House and a majority of the other House ("GNSO Supermajority"); 4. Approve a PDP Recommendation Without a GNSO Supermajority: requires an affirmative vote of a majority of each House and further requires that one GNSO Council member representative of at least 3 of the 4 Stakeholder Groups supports the Recommendation; 5. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority; and 6. Approve a PDP Recommendation Imposing New Obligations on Certain Contracting Parties: where an ICANN contract provision specifies that "a two-thirds vote of the council" demonstrates the presence of a consensus, the GNSO Supermajority vote threshold will have to be met or exceeded with respect to any contracting party affected by such contract provision. Appendix 2: Absentee Voting Procedures (Council Operating Procedures 4.4) Members that are absent from a meeting at the time of a vote on the following items may vote by absentee ballot: 1. Initiate a policy development process; 2. Forward a policy recommendation to the Board; 3. Recommend amendments to the ICANN Bylaws; 4. Fill a position open for election. The GNSO Secretariat will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e- mail, or web-based interface. Absentee ballots must be submitted within 72 hours following the start of the meeting in which a vote is initiated, except that, in exceptional circumstances announced at the time of the vote, the Chair may reduce this time to 24 hours or extend the time to 7 days. There must be a quorum for the meeting in which the vote is initiated. ---------------------------------------------------------------------------- Local time between October and March, Winter in the NORTHERN hemisphere ---------------------------------------------------------------------------- Reference (Coordinated Universal Time) UTC 11:00 ---------------------------------------------------------------------------- California, USA (PDT) UTC-8+0DST 03:00 New York/Washington DC, USA (EDT) UTC-5+0DST 06:00 Buenos Aires, Argentina UTC-3+0DST 08:00 Rio de Janeiro/Sao Paulo Brazil UTC-2+1DST 09:00 London, United Kingdom (BST) UTC+0DST 11:00 Darmstadt, Germany (CET) UTC+1+0DST 12:00 Paris, France (CET) UTC+1+0DST 12:00 Barcelona, Spain (CET) UTC+1+0DST 12:00 Karachi, Pakistan UTC+5+0DST 16:00 Hong Kong, China UTC+8+0DST 19:00 Tokyo, Japan UTC+9+0DST 20:00 Melbourne,/Sydney Australia (EDT) UTC+10+1DST 22:00 ---------------------------------------------------------------------------- The DST starts/ends on last Sunday of March 2011, 2:00 or 3:00 local time (with exceptions) ---------------------------------------------------------------------- For other places see http://www.timeanddate.com Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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FW: Replacement needed in the SSR Review Team!
by Gomes, Chuck Nov. 4, 2010

Nov. 4, 2010

Please note the following message from the AoC SSR RT. I already forwarded this message to the RySG because Ken was an RySG endorsement. I have requested that the RySG attempt to provide endorsement of an alternate candidate by 10 November, in time for confirmation by the Council on 18 November. I will add this to the agenda. Chuck From: Olof Nordling [mailto:olof.nordling@icann.org] Sent: Thursday, November 04, 2010 2:55 PM To: Gomes, Chuck Cc: Alice Jansen; Rod Beckstrom; heather.dryden(a)ic.gc.ca Subject: Replacement needed in the SSR Review Team! Importance: High Dear Chuck, I write this to you as GNSO Council Chair. ICANN has been notified by Ken Silva that he is changing employment and is also stepping down from his role as Member of the SSR Review Team. Since Ken was endorsed by the GNSO in his candidature for this Review Team, I revert to you for GNSO suggestions and advice regarding a suitable replacement for Ken in this function. The Review Team is in a very early stage, having had one first conference call with another one planned for next week, so early advice from the GNSO on a suitable replacement for the Selectors' consideration would be warmly appreciated. Thank you in advance for your assistance with this matter. Very best regards Olof ------------------- Olof Nordling Director, Services Relations Branch Manager, ICANN Brussels office ICANN 6 Rond Point Schuman, Bt.5 B-1040 Brussels, Belgium Tel.: +32.2.234 7872 Mobile: +32.475.420805 Fax: +32.2.234 7848 E-mail: olof.nordling(a)icann.org www.icann.org <http://www.icann.org>

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