August 2010 - council - lists.icann.org

Additions to GNSO Operating Procedures
by Gomes, Chuck Aug. 10, 2010

Aug. 10, 2010

GNSO Councilors: I recently learned that, when Staff was incorporating the relevant sections of the CSG Work Team recommendations (2.1 and 2.2) into the GNSO Operating Procedures (v2.0), an important explanatory note was inadvertently omitted. Appropriately, Staff did not transfer certain non-procedural content, for example, "Background" and "Executive Summary." Unfortunately, there were two sentences that should have been included; however, they were originally located under "Background" and, thus, were not noticed. What I am recommending is that the following paragraph be added immediately below the GOP Chapter 7 heading and before 7.1-Participation Rules. It will be inserted in a shaded box as follows: [Important Note: The recommendations in Chapter 7 apply to both Constituencies and Stakeholder Groups, referred to collectively as "Groups." In addition, with respect to this Chapter's contents, the word "should" shall be interpreted to mean: an obligation or duty to take a certain course of action, unless otherwise specified.] Would anyone object if this addition is made to the version that the Council approved on 5 August 2010? If there are no objections, I will ask Staff to update the version on the GNSO web site (http://gnso.icann.org/council/docs.html) otherwise, we will have to draft a motion and put the matter to a vote at our 26 August meeting. Thank you, Chuck Gomes

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GAC letter regarding Culturally Objectionable and/or sensitive strings
by Bruce Tonkin Aug. 9, 2010

Aug. 9, 2010

Hello All, The GAC has written to the ICANN Board and has recommended replacing the current objection mechanism for new gTLDs around "morality and public order", with an objection procedure that both recognizes the relevance of national laws and effectively addresses strings that raise national, cultural, geographic, religious, and/or linguistic sensitivities or objections that could result in intractable disputes. The GAC has recommended a "community-wide discussion" to come up with this new objection procedure. See below. Regards, Bruce Tonkin From: http://www.icann.org/correspondence/gac-to-dengate-thrush-04aug10-en.pdf Date: 4 August 2010 To; Mr Peter Dengate Thrush, Chairman of the Board, ICANN RE: Procedures for Addressing Culturally Objectionable and/or Sensitive Strings Dear Peter, The GAC firmly believes that the absence of any controversial strings in the current universe of top level domains (TLDs) to date contributes directly to the security and stability of the domain name and addressing system (DNS) and the universal resolvability of the system. As a matter of principle, and consistent with Sections 3 (b) and 8 (a) of the Affirmation of Commitments and the core values contained in Article 1, Section 2 of ICANN's Bylaws, the GAC believes that the objectives of stability, security and universal resolvability must be preserved in the course of expanding the DNS with the addition of new top level domains to the root. The GAC urges the Board to ensure that this fundamental value, which preserves the integrity of the DNS, is incorporated as an element of the public interest standard to which it has committed in the Affirmation of Commitments. In this regard, the GAC believes that procedures to identify strings that could raise national, cultural, geographic, religious and/or linguistic sensitivities or objections are warranted so as to mitigate the risks of fragmenting the DNS that could result from the introduction of controversial strings. While the GAC appreciates that the proposed objection procedure on "Morality and Public Order" grounds included in DAGv4 was intended to satisfy the concern noted above, the GAC strongly advises the Board to replace the proposed approach to addressing objections to new gTLD applications based on "Morality and Public Order" concerns with an alternative mechanism for addressing concerns related to objectionable strings. The terms "morality and public order" are used in various international instruments, such as the Paris Convention for the Protection of Industrial Property, the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights (ICCPR). Generally, these terms are used to provide the basis for countries to either take an exemption from a treaty obligation or to establish by law limitations on rights and freedoms at the national level. Judicial decisions taken on these grounds are based on national law and vary from country to country. Accordingly, the GAC advises that using these terms as the premise for the proposed approach is flawed as it suggests that there is an internationally agreed definition of "Morality and Public Order". This is clearly not the case. The GAC therefore recommends that community-wide discussions be facilitated by ICANN in order to ensure that an effective objections procedure be developed that both recognizes the relevance of national laws and effectively addresses strings that raise national, cultural, geographic, religious, and/or linguistic sensitivities or objections that could result in intractable disputes. These objection procedures should apply to all pending and future TLDs. Your sincerely, Heather Dryden Chair of the Government Advisory Committee Senior Advisor to the Government of Canada

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FW: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy)
by Glen de Saint Géry Aug. 8, 2010

Aug. 8, 2010

Dear Councillors, Attached please find all the documents Lee Eulgen submitted for his WHOIS review team candidature. This information will be posted on page http://gnso.icann.org/aoc-reviews/whois-policies-en.htm Thank you very much. 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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missed the call
by Andrei Kolesnikov Aug. 7, 2010

Aug. 7, 2010

Glen, Chuck, all I missed the call do to the power outage at the country side. I'm staying outside of the city, because it's impossible to deal with smog and average temperatures above 100F. I should of ask to arrange a call back, because my stupid cell operator won't support 800 numbers. I will catch up online. http://drugoi.livejournal.com/3320659.html My apologies, --andrei Andrei Kolesnikov, Director Coordination center for top level domain .RU http://cctld.ru http:// <http://кц.рф> кц.рф

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FW: URGENT GNSO information: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy)
by Gomes, Chuck Aug. 7, 2010

Aug. 7, 2010

Here is the GNSO required information to go with Lee Eulgen's application for the AoC Whois Review Team. Thanks to any of you who encouraged him to submit this. I believe his application is now complete and his information will be added to the GNSO AoC RT site . Chuck -----Original Message----- From: Alice Jansen [mailto:alice.jansen@icann.org] Sent: Saturday, August 07, 2010 5:21 AM To: Gomes, Chuck; Glen Cc: Olof Nordling Subject: FW: URGENT GNSO information: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Importance: High Dear Chuck, Please find attached Lee Eulgen's additional information - (See below his email). I am going to add it to the website right away. Thanks so much for your patience, Very best regards Alice Alice Jansen --------------------- ICANN Assistant, Organizational Review alice.jansen(a)icann.org Phone: +32.2.234.78.64 --------------------- 6, Rond Point Schuman B-1040 Brussels, Belgium ________________________________________ From: Eulgen, Lee J. [LEulgen(a)ngelaw.com] Sent: Friday, August 06, 2010 8:36 PM To: 'RT Candidatures' Cc: Nye, Katherine Dennis Subject: RE: URGENT GNSO information: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) As promised, set forth below is the additional, required information. Do not hesitate to let me know if you have questions. ************************************************************************************************ 1. The applicant’s full name, title, contact information and employer: Lee J. Eulgen Partner Neal, Gerber & Eisenberg LLP 2 N. LaSalle St., Suite 2300 Chicago, Illinois 60602-3801 312.269.8465 312.578.2807 (facsimile) leulgen(a)ngelaw.com 2. The ICANN Geographic Region(s) in which the applicant is a citizen and a resident: North America 3. Identification of the GSNO stakeholder group, if any, to which the applicant feels most closely affiliated: The IPC 4. An attestation that the applicant is able and willing to commit an estimated average of about ten hours per week during the review period, in addition to participating in face to face review team meetings: I am able and willing to commit an estimated average of about ten hours per week during the review period, in addition to participating in face to face review team meetings. 5. Identification of any financial ownership or senior management/leadership interest of the applicant in registries, registrars or other entities that are stakeholders or interested parties in ICANN or any entity with which ICANN has a transaction, contract, or other arrangement: None 6. Indication of whether the applicant would be representing any other party or person on the review team and, if so, identification of that party or person: None 7. A two to three paragraph statement about the applicant's knowledge of the GNSO community’s structures and operations and any participation therein: I have been actively involved in the WHOIS-related subcommittee of the International Trademarks Association's Internet Committee for nearly five years. As a part of my participation, I have become very familiar with the GNSO and its structures and operations. I previously participated in the GNSO's WHOIS Study Group, which published its final report in 2008. 8. A one to two paragraph statement about the applicant's specialized technical or other expertise of direct relevance to the responsibilities of the review team in question: As noted above, I have been actively involved in the WHOIS-related subcommittee of the International Trademarks Association's Internet Committee for nearly five years. I an now the chair of the International Trademark Associations's Domain Disputes and WHOIS Subcommittee. ************************************************************************************************ Lee ________________________________ From: RT Candidatures [mailto:rtcandidatures@icann.org] Sent: Friday, August 06, 2010 4:54 AM To: Eulgen, Lee J. Cc: Nye, Katherine Dennis Subject: URGENT GNSO information: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Importance: High Dear Lee, This a friendly reminder. Please provide us with your GNSO additional information requirements as soon as possible (see attached) so as to validate your candidature. Many thanks in advance, Kind regards Alice From: RT Candidatures [mailto:rtcandidatures@icann.org] Sent: Wednesday, August 04, 2010 3:16 PM To: 'Eulgen, Lee J.'; 'RT Candidatures' Cc: Nye, Katherine Dennis Subject: RE: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Importance: High Dear Sir, Many thanks for your prompt reply. Rest assured that I will relay your explanation to the GNSO Chair. May I take this opportunity to remind you to respond to the GNSO’s additional information requirements so as to validate your candidature? I would be really grateful if you could please provide me with a document containing your responses as soon as possible. I have attached these requirements for your convenience. Many thanks in advance, Kind regards Alice From: Eulgen, Lee J. [mailto:LEulgen@ngelaw.com] Sent: Wednesday, August 04, 2010 5:31 AM To: 'RT Candidatures' Cc: Nye, Katherine Dennis Subject: RE: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Thank you for your email. The simple explanation is that I had not realized that the deadline was 7/29, and I had numerous professional obligations pending at that time. Do not hesitate to let me know if you have additional questions. Lee Lee J. Eulgen Neal, Gerber & Eisenberg LLP 2 N. LaSalle St., Suite 2300 Chicago, Illinois 60602-3801 312.269.8465 312.578.2807 (facsimile) leulgen(a)ngelaw.com CONFIDENTIALITY NOTE This communication is confidential and may contain privileged information. If you have received it in error, please notify the sender by reply e-mail and immediately delete it and any attachments without copying or further transmitting the same. ________________________________ From: RT Candidatures [mailto:rtcandidatures@icann.org] Sent: Monday, August 02, 2010 11:38 AM To: Nye, Katherine Dennis; rtcandidatures(a)icann.org Cc: Eulgen, Lee J. Subject: RE: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Importance: High Dear Mr. Lee, Thank you for your interest in the AoC reviews. We hereby acknowledge receipt of your application for a position on the WHOIS Policy Review Team. Please note that the deadline expired on 29 July – 23:59 UTC. As the GNSO endorsement process was initiated on 30 July, before submission of your application, we would be really grateful if you could state the reason of its lateness as acceptance of your late application will require approval of the Selectors and GNSO. In anticipation of this decision, please be informed that the GNSO requires that your additional information be provided by 3 August so as to validate your candidature. You may find this information at: http://www.icann.org/en/reviews/affirmation/soac-requirements-4-en.htm. Please do not hesitate to contact me should you have further questions. Thank you, Best regards Alice From: Nye, Katherine Dennis [mailto:knye@ngelaw.com] Sent: Saturday, July 31, 2010 1:12 AM To: rtcandidatures(a)icann.org Cc: Eulgen, Lee J. Subject: Lee Eulgen- Candidate for Review Team 4 (WHOIS Policy) Please see attached letter and biography/CV, collectively, Lee Eulgen's application for the position of volunteer WHOIS policy review team member as a representative of the IPC. Kate Dennis Nye Attorney at Law NEAL ▪ GERBER ▪ EISENBERG 312.827.1455 phone ▪ 312.980.0811 fax knye(a)ngelaw.com

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Call for volunteers to serve on Standing Committee to implement recommendations from GNSO Improvements Work Teams
by Glen de Saint Géry Aug. 6, 2010

Aug. 6, 2010

Dear All, As part of the motion http://gnso.icann.org/resolutions/ 20100623-2 to approve the implementation of the Operations Steering Committee (OSC) Communications and Coordination Work Team (CCT) recommendations, the Council resolved to convene a standing committee whose role will be to monitor, coordinate, and manage the continuing implementation of the various recommendations emanating from the chartered GNSO Improvements Work Teams. This is a call for volunteers to serve on this Standing Committee. Participation is open to the GNSO community and not restricted to councilors. Please contact the GNSO Secretariat at <gnso.secretariat(a)gnso.icann.org> if you are interested in working on the Standing Committee so that you can be added to the mailing list created for this work. Please respond no later than 18 August 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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GNSO PDP Work Team extends deadline for public comments on Initial Report
by Glen de Saint Géry Aug. 6, 2010

Aug. 6, 2010

IMPORTANT Please note that the GNSO's PDP-WT is still accepting comments on its Initial Report on the new GNSO Policy Development Process. Comments would be most helpful if received no later than 31 August. Note that the deadline for comments was previously extended to 1 August. To submit comments, please visit http://www.icann.org/en/public-comment/public-comment-201007-en.htm#pdp-ini…. We would also like to thank those who have submitted comments already. The PDP Work Team is already working on considering these comments. 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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resubmission of WHOIS motion
by Mike Rodenbaugh Aug. 6, 2010

Aug. 6, 2010

The motion that I made and Terry seconded, as friendly amended by the RyC, is hereby resubmitted for consideration at the next Council meeting. Ordinarily I would not resubmit a motion that had a vote and failed, but in this instance the votes are there to pass the motion, provided the RyC reps and Terry can all attend the meeting, or in any event now that we have put in place the new absentee voting methods. Thanks, Mike Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1 (415) 738-8087 http://rodenbaugh.com <http://rodenbaugh.com/>

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IT Failure to Support GNSO Council Session on August 5
by Glen de Saint Géry Aug. 6, 2010

Aug. 6, 2010

Dear members of the ICANN community, As many of you may know, ICANN is striving to provide greater access to its GNSO Council meetings by allowing both Councilors and other participants to view and listen to the proceedings via Adobe Connect online. Despite our best efforts to provide seamless access, we failed to provide a complete service for yesterday's GNSO Council meeting and we know it was a tremendous disadvantage for many of you. I apologize to you on behalf of ICANN. Due to a failure of our IT Department to provide adequate redundancy we were unable to offer the audio portion of the meeting. We will provide you with a full explanation of why the service failed along with detailed information on the changes that will ensure that we will not have this problem in future meetings. I will follow up with you as soon as I am satisfied that the proper management controls are in place to prevent this failure in the future. Thank you. Best regards, David Olive Vice President, Policy Development, ICANN

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FW: Re: [council] MP3 recording GNSO Council teleconference, Thursday, 5 August 2010
by Wolf-Ulrich.Knoben＠t-online.de Aug. 6, 2010

Aug. 6, 2010

Glen, Chuck and all, being in China I got totally lost from schedule and apprpriate Internet access. I thought the Meeting was Today. Please take my apologies having Missed that. Wolf-Ulrich -----Original Message----- Date: Thu, 05 Aug 2010 19:55:01 +0200 Subject: [council] MP3 recording GNSO Council teleconference, Thursday, 5 August 2010 From: Glen de Saint Géry <Glen(a)icann.org> To: Council GNSO <council(a)gnso.icann.org> Please find the MP3 recording of the GNSO Council teleconference, held on Thursday, 5 August, 2010 at: http://audio.icann.org/gnso/gnso-council-20100805.mp3 on page http://gnso.icann.org/calendar/#aug Happy Listening! Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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