February 2010 - council - lists.icann.org

AW: Vertical integration
by KnobenW＠telekom.de Feb. 3, 2010

Feb. 3, 2010

Glen, please put Tony Harris to the Vertical Integration PDP Charter DT. Kind regards Wolf-Ulrich ________________________________ Von: Anthony Harris [mailto:harris@cabase.org.ar] Gesendet: Mittwoch, 3. Februar 2010 14:56 An: Knoben, Wolf-Ulrich; tonyarholmes(a)btinternet.com; jaime(a)corp.plugin.com.br Betreff: Re: Verticle integration Wolf-Ulrich, I will be happy to volunteer for the drafting team. Tony Harris

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Draft GNSO Council minutes 28 January 2010
by Glen de Saint Géry Feb. 3, 2010

Feb. 3, 2010

Dear Councillors, Attached please find the draft minutes of the GNSO Council meeting on 28 January 2010. Please let me know if you would like any changes to be 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#jan on Wednesday, 10 February 2010. 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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Volunteer for Vertical Integration PDP Charter Drafting Team
by Gomes, Chuck Feb. 3, 2010

Feb. 3, 2010

Glen, Please add Brian Cute from Afilias to this DT. Thanks, Chuck

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RE: [council] RE: Ooops....[Re: Draft Council letter on the ARR]
by Tim Ruiz Feb. 2, 2010

Feb. 2, 2010

I completely agree with Caroline, and no footnote necessary in my opinion. There were no questions or objections raised regarding that sentence so I believe it was assumed to be part of the letter. But if there are objections to that then we should at least follow through with what we voted to do and go with option 1. Let's not make this overly complicated, these comments need to be submitted on time. Tim -------- Original Message -------- Subject: RE: [council] RE: Ooops....[Re: Draft Council letter on the ARR] From: "Caroline Greer" <cgreer(a)mtld.mobi> Date: Fri, January 29, 2010 9:06 am To: "Gomes, Chuck" <cgomes(a)verisign.com>, "GNSO Council List" <council(a)gnso.icann.org> Cc: Glen_de_Saint_Géry <Glen(a)icann.org> I see no reason why we would not include the sentence, minus the brackets, to help support the arguments in that paragraph around needing additional representation. We could add a footnote to show that this statement is supported by accounts shown in the FY10 Operating Plan & Budget [page 15]. So, option 3 for me. Thanks. Caroline. From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Gomes, Chuck Sent: 29 January 2010 13:58 To: William Drake; GNSO Council List Cc: =?iso-8859-1?Q?=22G=E9ry_de_Saint(a)peacock.verisign.com; _Glen=22?= Subject: [council] RE: Ooops....[Re: Draft Council letter on the ARR] First of all, let's not submit the comments until we resolve this in some way. I think there are three things we can do that I talk about below: Submit the comments as is with the statement and the bracketsRemove the sentence from the commentsLeave the sentence but remove the brackets. In our meeting yesterday, we approved the letter with the statement in brackets, so we probably do not need any additional action to do option 1; if we do this we can literally leave it as is, which is what we approved, or add a footnote to explain the brackets, maybe something like this: "There was not unanimous support for including this sentence." If we choose options 2 or 3, I believe we should insert a footnote that explains what was done and why. The comments are due by 10 February, which is 8 days before our next meeting, so we need to resolve this before then. To get that process started, it might help to get a sense of where varous Councilors are on this. To do that, I would like to ask as many Councilors as possible to respond on this list to the following: Which of the options do your prefer and why? (1, 2, 3, none) Based on the responses received, we can then discuss how to reach final resolution. Whatever we do, I think it is important to understand that the bracketed statement is accurate so it is not a matter of accuracy but rather a matter of whether we want to say it or not. Chuck From: William Drake [mailto:william.drake@graduateinstitute.ch] Sent: Friday, January 29, 2010 5:06 AM To: GNSO Council List Cc: =?iso-8859-1?Q?=22G=E9ry_de_Saint(a)peacock.verisign.com; _Glen=22?=; Gomes, Chuck Subject: Ooops....[Re: Draft Council letter on the ARR] Hi Glen asked for the final letter with the two amendments agreed yesterday inserted for posting, and as I looked at it I realized that we passed a motion accepting a letter that still has a non-agreed item in brackets: [This sentence has been suggested but there is not consensus in the drafting team, so TBD: “It might also be noted that GNSO registrants pay fees that fund well over 90% of ICANN's activities.”] Sorry, missed that. So what do we do? Bill On Jan 19, 2010, at 4:24 PM, Rosette, Kristina wrote: I disagree with the characterization and it will likely be an issue among other Non-contracted party councilors. Nonetheless, I agree that the letter should go to Council for review, and we can tinker with it later. From: Gomes, Chuck [mailto:cgomes@verisign.com] Sent: Tuesday, January 19, 2010 9:58 AM To: William Drake; Rosette, Kristina Cc: Caroline Greer; gnso-arr-dt(a)icann.org Subject: RE: [gnso-arr-dt] Revised Draft ARR Letter Importance: High ICANN's budget reports show that fees from gTLD registrars and registries account for over 93% of ICANN's revenue. It is a well established fact. At-Large members pay fees via registrars and do not contribute anything directly. I couldn't find literatures in the dictionary but if you want to leave it fine. We really need to send this out now, even if more edits are needed later. Chuck From: William Drake [mailto:william.drake@graduateinstitute.ch] Sent: Tuesday, January 19, 2010 6:04 AM To: Rosette, Kristina Cc: Caroline Greer; Gomes, Chuck; gnso-arr-dt(a)icann.org Subject: Re: [gnso-arr-dt] Revised Draft ARR Letter Hi On Jan 19, 2010, at 11:35 AM, <KnobenW(a)telekom.de> <KnobenW(a)telekom.de> wrote: One small edit: in the penultimative para, 1st sentence should read: "...it is important..." Thanks for the catch, good to have eagle eyed editors around.. On Jan 19, 2010, at 1:06 AM, Gomes, Chuck wrote: Nice job Bill. Two minor, nonmaterial edits: In the 1st sentence of the second paragraph, change "literatures" to "literature". But I'm referring to separate, distinctive literatures, not a single body of thought. Which was the point, a broader scan beyond the one literature mentioned would have led to a different conclusion. The first sentence of the fifth paragraph says, "Fourth, selecting just one member from each relevant of the AC/SOs (or less, in the case of Security, Stability and Resiliency team) seems especially problematic." I think it should say, "Fourth, selecting just one member from each of the relevant AC/SOs (or less, in the case of Security, Stability and Resiliency team) seems especially problematic." Ditto the above I approve this draft and suggest that Bill send to it to the Council list as soon as possible with a request that all Councilors forward it to their respective groups immediately for review and discussion, noting that the Council will have to finalize the comments on 28 January. Ok, but before doing so, I think we need to address Kristina's points: On Jan 19, 2010, at 4:58 AM, Rosette, Kristina wrote: Apologies for belated comments. This looks great. Many thanks to you all for drafting. I have two questions: 1) What is the point we are trying to make regarding alternates? Are we simply raising the possibility without taking a position? I was not entirely clear on that. Sorry, the idea of alternates was raised on the call but nobody really argued that we should definitely propose this, and one can readily imagine objections to/issues with the approach. Moreover, if there were alternates, one could argue (not persuasively, but still...) that this makes the need for multiple GNSO participants less important. So the wording was intended to put the idea on the table as something that might be considered without implying it might be a substitute for multiple slots. If people think it doesn't work and it'd be better to make it a stand-alone recommendation, we can do that, let me know. 2) Are we comfortable that the 90% number is correct? I ask only b/c I would have thought that persons encompassed by ALAC would have accounted for more. I have to defer to Chuck here, it's his number and suggestion. Obviously, there are registrants (and non-registrants) in both GNSO and ALAC, some people (e.g. me) participate in both spaces, and some people are nominally represented by both even if they're not active participants, so putting people into mutually exclusive boxes doesn't work and such language can be viewed as murky from some perspectives...Thoughts? Bill *********************************************************** William J. Drake Senior Associate Centre for International Governance Graduate Institute of International and Development Studies Geneva, Switzerland william.drake(a)graduateinstitute.ch www.graduateinstitute.ch/cig/drake.html ***********************************************************

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Revised: Results of absentee ballot on motion to commence a PDP on Vertical Integration, Thursday 28 January 2010
by Glen de Saint Géry Feb. 1, 2010

Feb. 1, 2010

Dear All, The results have been revised to mention TERRY DAVIS who voted against the motion: Contracted Party House - 7 votes against the motion Tim Ruiz, Stéphane van Gelder Registrar Stakeholder Group; Chuck Gomes, Edmon Chung, Caroline Greer; and Terry Davis - Nominating Committee Appointee. One absentee ballot against - Registrar Stakeholder Group: Adrian Kinderis. The count remains the same and is accurate. Thank you. Kind regards, Glen http://gnso.icann.org/mailing-lists/archives/council/msg08253.html Dear Councillors, Please find the results of the motion to commence a Policy Development Process on Vertical Integration proposed by Mike Rodenbaugh and seconded by Debra Hughes with amendments Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on vertical integration between registries and registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a Policy Development Process (PDP) on the issue for a period of 1-2 years; Whereas, notwithstanding the recommendations in the Issues Report, the GNSO Council has decided to initiate a PDP on vertical integration between registries and registrars; and Whereas, the GNSO Council has decided against initiating a Task Force as defined in the ICANN Bylaws; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of vertical integration between registries and registrars; FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws; FURTHER RESOLVED, that the GNSO Council shall convene a Working Group to fulfill the requirements of the PDP, including a review of ICANN Staff's prior work with respect to vertical integration, and develop recommendations accordingly; and FURTHER RESOLVED, that the Working Group shall deliver its Final Report to the GNSO Council no later than sixteen weeks from the date of this resolution. The motion carried by a roll call vote Contracted Party House - 7 votes against the motion Tim Ruiz, Stéphane van Gelder Registrar Stakeholder Group; Chuck Gomes, Edmon Chung, Caroline Greer; and TERRY DAVIS - Nominating Committee Appointee. One absentee ballot against - Registrar Stakeholder Group: Adrian Kinderis Non Contracted Party House -11 Votes in favour -2 votes against Votes in favour: Zahid Jamil, Mike Rodenbaugh (CBUC); Kristina Rosette, David Taylor (IPC); Rafik Dammak, William Drake, Mary Wong, Rosemary Sinclair, Debra Hughes, Wendy Seltzer (NCSG). Votes against: Jaime Wagner, Wolf-Ulrich Knoben (ISPCP) One absentee ballot in favour - Olga Cavalli; Nominating Committee Appointee (NCA) The motion to commence a Policy Development Process on Vertical Integration carried. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Vertical Intergartion PDP Charter Drafting Team mailing list
by Glen de Saint Géry Feb. 1, 2010

Feb. 1, 2010

Dear All, A mailing list has been created for the Vertical Integration PDP Charter Drafting Team. The address is Gnso-vi-feb10(a)icann.org With public archives at: http://forum.icann.org/lists/gnso-vi-feb10 / (Gnso = name of supporting organization Vi= vertical integration Feb10 = indicates when the group started) The mailing list is posted on page: http://gnso.icann.org/mailing-lists/index.htm under: Working Group/Work Team/Drafting Team Mailing List Archives Please let me know < gnso.secretariat(a)gnso.icann.org> off the mailing list, who should be subscribed, name, email address and affiliation. 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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Results of absentee ballot on motion to commence a PDP on Vertical Integration, Thursday 28 January 2010
by Glen de Saint Géry Feb. 1, 2010

Feb. 1, 2010

Dear Councillors, Please find the results of the motion to commence a Policy Development Process on Vertical Integration proposed by Mike Rodenbaugh and seconded by Debra Hughes with amendments Whereas, on 24 September 2009, the GNSO Council requested ICANN Staff to prepare an Issues Report on the topic of vertical integration between registries and registrars; Whereas, on 11 December 2009, the Issues Report on vertical integration between registries and registrars was delivered to the GNSO Council; Whereas, the Issues Report includes recommendations that the GNSO Council delay the initiation of a Policy Development Process (PDP) on the issue for a period of 1-2 years; Whereas, notwithstanding the recommendations in the Issues Report, the GNSO Council has decided to initiate a PDP on vertical integration between registries and registrars; and Whereas, the GNSO Council has decided against initiating a Task Force as defined in the ICANN Bylaws; Now therefore, be it: RESOLVED, that the GNSO Council has reviewed the recommendations contained in the Issues Report, and nonetheless approves the initiation of a PDP on the topic of vertical integration between registries and registrars; FURTHER RESOLVED, that the PDP shall evaluate which policy recommendations, if any, should be developed on the topic of vertical integration between registrars and registries affecting both new gTLDs and existing gTLDs, as may be possible under existing contracts and as allowed under the ICANN Bylaws; FURTHER RESOLVED, that the GNSO Council shall convene a Working Group to fulfill the requirements of the PDP, including a review of ICANN Staff's prior work with respect to vertical integration, and develop recommendations accordingly; and FURTHER RESOLVED, that the Working Group shall deliver its Final Report to the GNSO Council no later than sixteen weeks from the date of this resolution. The motion carried by a roll call vote Contracted Party House - 7 votes against the motion Tim Ruiz, Stéphane van Gelder Registrar Stakeholder Group; Chuck Gomes, Edmon Chung, Caroline Greer One absentee ballot against - Registrar Stakeholder Group: Adrian Kinderis Non Contracted Party House -11 Votes in favour -2 votes against Votes in favour: Zahid Jamil, Mike Rodenbaugh (CBUC); Kristina Rosette, David Taylor (IPC); Rafik Dammak, William Drake, Mary Wong, Rosemary Sinclair, Debra Hughes, Wendy Seltzer (NCSG). Votes against: Jaime Wagner, Wolf-Ulrich Knoben (ISPCP) One absentee ballot in favour - Olga Cavalli; Nominating Committee Appointee (NCA) The motion to commence a Policy Development Process on Vertical Integration carried. Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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RE: [council] RE: Ooops....[Re: Draft Council letter on the ARR]
by Tim Ruiz Feb. 1, 2010

Feb. 1, 2010

The alternative language Kristina suggests sounds fine to me. Since it is just a clarifying of what was intended anyway, can we get by with confirming via the list that there are no further objections? Tim -------- Original Message -------- Subject: RE: [council] RE: Ooops....[Re: Draft Council letter on the ARR] From: "Rosette, Kristina" <krosette(a)cov.com> Date: Fri, January 29, 2010 1:56 pm To: "GNSO Council List" <council(a)gnso.icann.org> I had originally flagged that language because it was not clear to me whether the reference to GNSO included individuals, which should, if we're being accurate, then require reference to At Large. I did not pick up on it through inadvertent oversight, not because it was not an issue. Now that I've read the actual report, I think the language is inaccurate because the report refers to "generic name registrants". (I assume reference to generic is used in contract to cc names.) I could live with "It might also be noted that registrants in gTLDs, the policies for which are developed by the GNSO, pay fees that fund well over 90% of ICANN's activities." Or, we could just take it out. K -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Tim Ruiz Sent: Friday, January 29, 2010 2:33 PM To: William Drake Cc: GNSO Council List Subject: RE: [council] RE: Ooops....[Re: Draft Council letter on the ARR] Bill, What I meant was that no objections were raised during the full Council discussion and vote. Tim -------- Original Message -------- Subject: Re: [council] RE: Ooops....[Re: Draft Council letter on the ARR] From: William Drake <william.drake(a)graduateinstitute.ch> Date: Fri, January 29, 2010 11:44 am To: GNSO Council List <council(a)gnso.icann.org> Tim, On Jan 29, 2010, at 5:10 PM, Tim Ruiz wrote: There were no questions or objections raised regarding that sentence so I believe it was assumed to be part of the letter. On Jan 19, 2010, at 4:24 PM, Rosette, Kristina wrote: I disagree with the characterization and it will likely be an issue among other Non-contracted party councilors. Nonetheless, I agree that the letter should go to Council for review, and we can tinker with it later.

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Volunteers for Charter Drafting Team for Vertical Integration PDP
by Gomes, Chuck Feb. 1, 2010

Feb. 1, 2010

In follow-up to Council approval to initiate a Vertical Integration PDP and specifically the action item to form a drafting team to develop a charter for that PDP, I am hereby requesting volunteers for the DT. Volunteers need not be Councilors. If you or someone in your SG/Constituency/AC want to volunteer for this WT, please respond on this list not later than 9 February. Chuck

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