April 2011 - council - lists.icann.org

RE: [council] Fwd: [gnso-osc] RE: GNSO Council Proxy Procedures
by carlos dionisio aguirre April 5, 2011

April 5, 2011

Hi all: After this possibility of lack of regulation or legal empty, or darkness - I think is needed to think how will be solved (or clarify) if the situation appear in the future again . Carlos Dionisio Aguirre NCA GNSO Council - ICANN former ALAC member by LACRALO Abogado - Especialista en Derecho de los Negocios Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 http://ar.ageiadensi.org From: stephane.vangelder(a)indom.com Subject: [council] Fwd: [gnso-osc] RE: GNSO Council Proxy Procedures Date: Tue, 5 Apr 2011 14:20:21 +0200 CC: olgacavalli(a)gmail.com To: council(a)gnso.icann.org Thanks Olga, Forwarding this to the Chairs list for their info, as this was discussed in our planning meeting yesterday and the understanding was that you would not be at Thursday's meeting. Good to hear that you will be, thanks for that. Stéphane Début du message réexpédié :De : Olga Cavalli <olgacavalli(a)gmail.com> Date : 5 avril 2011 14:06:05 HAEC À : Stéphane Van Gelder <stephane.vangelder(a)indom.com> Cc : "Gomes, Chuck" <cgomes(a)verisign.com>, Ken Bour <ken.bour(a)verizon.net>, Philip Sheppard <philip.sheppard(a)aim.be>, gnso-osc(a)icann.org, Robert Hoggarth <robert.hoggarth(a)icann.org>, Julie Hedlund <julie.hedlund(a)icann.org>, liz.gasster(a)icann.org Objet : Rép : [gnso-osc] RE: GNSO Council Proxy Procedures Hi, I plan to attend the conf call on Thursday so I can be the proxi for Andrei. Regards Olga 2011/4/5 Stéphane Van Gelder <stephane.vangelder(a)indom.com> On Chuck's last point, I am not sure that would be consistent with the way this works for non NCA councillors, as proxies can only be given within the same SG, they do not cover the entire house. I think we have to be careful not to create a situation where the NCAs enjoy benefits that elected councillors do not. Stéphane Le 5 avr. 2011 à 01:03, Gomes, Chuck a écrit : The current GOP limit of one proxy per Council NCA follows the same limitation that is true for each SG Councilor. If, for example, the RySG had two Councilors absent for a meeting (quorum rules notwithstanding), the attending Councilor could still exercise only one proxy vote per motion. The other absent Councilor votes would be recorded as “absent.” [Gomes, Chuck] If it is important to maintain this, then we could just allow an NCA to give the proxy to any Councilor in the applicable house.

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RE: [council] Re: [gnso-osc] RE: GNSO Council Proxy Procedures
by Tim Ruiz April 5, 2011

April 5, 2011

NCA's are not a SG, they are all independent. The assignment to a house should not mean they are aligned somehow. So I agree with Stephane, except that since they are independent how do we comfirm that the NCA that is made proxy is voting as directed by the absent NCA? Should that be confirmed before hand, or after. The latter is likely more practical, but just want to be sure we understand how this works for NCAs. Tim > -------- Original Message -------- > Subject: [council] Re: [gnso-osc] RE: GNSO Council Proxy Procedures > From: Olga Cavalli <olgacavalli(a)gmail.com> > Date: Tue, April 05, 2011 7:49 am > To: StÃ©phane Van Gelder<stephane.vangelder(a)indom.com> > Cc: Council GNSO <council(a)gnso.icann.org> > > Stephane, > I said I would confirm on Tuesday. > Best > Olga > > 2011/4/5 Stéphane Van Gelder > Thanks Olga, > > Forwarding this to the Chairs list for their info, as this was discussed in our planning meeting yesterday and the understanding was that you would not be at Thursday's meeting. > > > Good to hear that you will be, thanks for that. > > > Stéphane > > > > > > Début du message réexpédié : > De : Olga Cavalli > > Date : 5 avril 2011 14:06:05 HAEC > > À : Stéphane Van Gelder > > Cc : "Gomes, Chuck" , Ken Bour , Philip Sheppard , gnso-osc(a)icann.org, Robert Hoggarth , Julie Hedlund , liz.gasster(a)icann.org > > Objet : Rép : [gnso-osc] RE: GNSO Council Proxy Procedures > > > > Hi, > I plan to attend the conf call on Thursday so I can be the proxi for Andrei. > Regards > Olga > > 2011/4/5 Stéphane Van Gelder > > On Chuck's last point, I am not sure that would be consistent with the way this works for non NCA councillors, as proxies can only be given within the same SG, they do not cover the entire house. > > > > I think we have to be careful not to create a situation where the NCAs enjoy benefits that elected councillors do not. > > > > Stéphane > > > > > > Le 5 avr. 2011 à 01:03, Gomes, Chuck a écrit : > The current GOP limit of one proxy per Council NCA follows the same limitation that is true for each SG Councilor. If, for example, the RySG had two Councilors absent for a meeting (quorum rules notwithstanding), the attending Councilor could still exercise only one proxy vote per motion. The other absent Councilor votes would be recorded as �absent.� [Gomes, Chuck] If it is important to maintain this, then we could just allow an NCA to give the proxy to any Councilor in the applicable house. > > > > > > > > > > > > >

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Fwd: [gnso-osc] RE: GNSO Council Proxy Procedures
by Stéphane Van Gelder April 5, 2011

April 5, 2011

Thanks Olga, Forwarding this to the Chairs list for their info, as this was discussed in our planning meeting yesterday and the understanding was that you would not be at Thursday's meeting. Good to hear that you will be, thanks for that. Stéphane Début du message réexpédié : > De : Olga Cavalli <olgacavalli(a)gmail.com> > Date : 5 avril 2011 14:06:05 HAEC > À : Stéphane Van Gelder <stephane.vangelder(a)indom.com> > Cc : "Gomes, Chuck" <cgomes(a)verisign.com>, Ken Bour <ken.bour(a)verizon.net>, Philip Sheppard <philip.sheppard(a)aim.be>, gnso-osc(a)icann.org, Robert Hoggarth <robert.hoggarth(a)icann.org>, Julie Hedlund <julie.hedlund(a)icann.org>, liz.gasster(a)icann.org > Objet : Rép : [gnso-osc] RE: GNSO Council Proxy Procedures > > Hi, > I plan to attend the conf call on Thursday so I can be the proxi for Andrei. > Regards > Olga > > 2011/4/5 Stéphane Van Gelder <stephane.vangelder(a)indom.com> > On Chuck's last point, I am not sure that would be consistent with the way this works for non NCA councillors, as proxies can only be given within the same SG, they do not cover the entire house. > > I think we have to be careful not to create a situation where the NCAs enjoy benefits that elected councillors do not. > > Stéphane > > > > Le 5 avr. 2011 à 01:03, Gomes, Chuck a écrit : > >> The current GOP limit of one proxy per Council NCA follows the same limitation that is true for each SG Councilor. If, for example, the RySG had two Councilors absent for a meeting (quorum rules notwithstanding), the attending Councilor could still exercise only one proxy vote per motion. The other absent Councilor votes would be recorded as “absent.” [Gomes, Chuck] If it is important to maintain this, then we could just allow an NCA to give the proxy to any Councilor in the applicable house. > >

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Agenda
by Stéphane Van Gelder April 4, 2011

April 4, 2011

Here's another new version of the agenda, with an update to item 6 as Edmon has very kindly agreed to join the call. Thanks, Stéphane

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Berard SOI Amendment
by Glen de Saint Géry April 4, 2011

April 4, 2011

Forwarded From: John Berard In amending my SOI, I would add the bold, italicized sentences below this: John Berard - Commercial and Business Users Constituency 5 December 2010 I am the founder of a communications consultancy called Credible Context and based in San Francisco, CA, USA. The firm is the culmination of a 35-year career in public relations at agencies large and small in New York, Washington, D.C. and San Francisco. My clients are not defined by industry but by market need. I specialize in marketing communications that helps companies renew, reshape and re-emerge in existing and adjacent markets. My practice is rooted in the notion that in a media environment that is immediate, ubiquitous and unforgiving, effective communications must be linked to who you are. That is the credible context. In the past 12 months, as part of my broader portfolio of clients, I have worked with registrars (as part of my work with Momentous, parent company to multiple registrars and Pool.com<http://pool.com/>), registries (Neustar) and globally branded consumer and business-to-business companies for whom the web is either an essential platform or represents their only commercial presence. That is the current extent of my work, especially as it relates to ICANN, registries or registrars. I view myself, first-and-foremost, as a registrant and a business person. Previous work has led me being asked to offer a deposition in the case of "Coalition for ICANN Transparency v. Verisign." In 2005 and 2006, I served as the spokesperson for the Coalition. I will update my SOI once this has concluded. My small (less than 10 names) portfolio of domain names is registered through GoDaddy.com<http://godaddy.com/>. With regard to participation in communities other than ICANN, I am a member of the board of the Market Street Railway, the support organization for the vintage streetcars in San Francisco and a member of the International Association of Privacy Professionals. Cheers, Berard 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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RE: [council] Fwd: [soac-discussion] Posted Comments to NTIA's NOI on the IANA Functions
by Tim Ruiz April 2, 2011

April 2, 2011

As of this time, it only shows submissions through the 30th. The deadline was on or before the 31st. So I think it has yet to be updated with the submissions on the 31st. Tim > -------- Original Message -------- > Subject: [council] Fwd: [soac-discussion] Posted Comments to NTIA's > NOI on the IANA Functions > From: StÃ©phane Van Gelder<stephane.vangelder(a)indom.com> > Date: Fri, April 01, 2011 7:21 am > To: Council GNSO <council(a)gnso.icann.org> > > FYI, the full set of responses to the NOI on the IANA function. > > Stéphane > > > > > > Début du message réexpédié : > De : David Olive > > Date : 1 avril 2011 07:31:10 HAEC > > À : "soac-discussion(a)icann.org" > > Cc : Jamie Hedlund > > Objet : [soac-discussion] Posted Comments to NTIA's NOI on the IANA Functions > > SO/AC Leaders: > > > Here is the link to find the posted comments to NTIA's NOI just in case you all want to read the submissions. > > > http://www.ntia.doc.gov/comments/110207099-1099-01/ > > > > Regards, > > David A. Olive > Vice President, Policy Development Support > Internet Corporation for Assigned Names and Numbers (ICANN) > 1101 New York Avenue, NW - Suite 930 - Washington, D.C. 20005 > Office: 202.570.7126 Mobile: 202.341.3611 > > > > > > > >

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ICANN has signed .xxx agreement with ICM Registry
by Bruce Tonkin April 2, 2011

April 2, 2011

Hello All, From: http://blog.icann.org/ Agreement with ICM on .XXX Registry by John Jeffrey on April 2, 2011 ICANN signed an agreement yesterday with ICM for the introduction of the .XXX top-level domain. ICANN's Board of Directors approved entering into the agreement during our recent Silicon Valley-San Francisco Public Meeting. We have now finalized negotiations and executed an agreement that's posted at http://www.icann.org/en/tlds/agreements/xxx . It includes some new and revised provisions that follow on from the agreement that we last posted for public comment in August 2010. Additional terms relate to some concerns that are unique to this registry, addressing heightened compliance measures, pricing and indemnification. There is a new requirement for ICM to provide a compliance certification signed by the ICM CEO twice in the first year and annually after that, along with a summary of IFFOR's audit of ICM's compliance procedures. IFFOR is the sponsoring organization obligated to oversee the sponsored community's policy development. In the event that ICM was not in compliance additional processes have been added, including a new mediation procedure has been added that would follow cooperative engagement and precede arbitration. There have been some changes to the basic structure of remedies for ICANN. The requirement that ICANN obtain at least three arbitration awards before requesting punitive or exemplary damages has been removed. In the event that a dispute can't be resolved through mediation, ICANN may impose monetary or operational sanctions, and ICM may challenge them through arbitration. ICANN's fee per transaction registration fee has increased from $1 to $2 to account for anticipated risks and compliance activities and a fee escalator that will allow for increases to the fees and to account for inflation. Revised indemnification procedures will allow ICANN to manage any third party dispute proceedings at ICM's expense. ICM's consent would be required for ICANN to settle a proceeding in a way that requires ICM to pay monetary damages, and ICANN would be required to work in good faith to mitigate ICM's expenses. Monthly reports must include a line item for "attempted adds" (success and failure) and there are updated references to RFC's on internationalized domain names. ICANN also has a right to consent to any proposed change to the definition of "Sponsored Community" by the registry. Yesterday's signing follows extensive consideration and review, including an Independent Review Process. ICANN has also entered into an "Agreement and General Release" [PDF, 1.31 MB] http://www.icann.org/en/tlds/agreements/xxx/xxx-agreement-general-releas e-31mar11-en.pdf with ICM to resolve all outstanding dispute/possible litigation matters between them. The rationale for the Board's decision was published along with the Preliminary Report of ICANN's Board Meeting. You can see that at http://www.icann.org/en/minutes/prelim-report-18mar11-en.htm. You can learn more at Chronological History of ICM's Involvement with ICANN as of 31 March 2011 [PDF, 84 KB] http://www.icann.org/en/tlds/agreements/xxx/history-icm-involvement-31ma r11-en.pdf . John Jeffrey General Counsel & Secretary ICANN

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Fwd: [soac-discussion] Posted Comments to NTIA's NOI on the IANA Functions
by Stéphane Van Gelder April 1, 2011

April 1, 2011

FYI, the full set of responses to the NOI on the IANA function. Stéphane Début du message réexpédié : > De : David Olive <david.olive(a)icann.org> > Date : 1 avril 2011 07:31:10 HAEC > À : "soac-discussion(a)icann.org" <soac-discussion(a)icann.org> > Cc : Jamie Hedlund <jamie.hedlund(a)icann.org> > Objet : [soac-discussion] Posted Comments to NTIA's NOI on the IANA Functions > > SO/AC Leaders: > > Here is the link to find the posted comments to NTIA's NOI just in case you all want to read the submissions. > > http://www.ntia.doc.gov/comments/110207099-1099-01/ > > Regards, > > David A. Olive > Vice President, Policy Development Support > Internet Corporation for Assigned Names and Numbers (ICANN) > 1101 New York Avenue, NW - Suite 930 - Washington, D.C. 20005 > Office: 202.570.7126 Mobile: 202.341.3611

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FW: GNSO Council Abstention Notification Form [#42]
by Glen de Saint Géry April 1, 2011

April 1, 2011

FYI Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org From: ICANN [mailto:no-reply@wufoo.com] Sent: vendredi 1 avril 2011 06:37 To: gnso.secretariat(a)icann.org Subject: GNSO Council Abstention Notification Form [#42] Name of Officer: * Avri Doria Officer Email Address: * avri(a)acm.org<mailto:avri@acm.org> Date Prepared: * Friday, April 1, 2011 GNSO Organization: * Non-Commercial Stakeholder Group Officer Position or Title: * Chair Executive Committee Voting Remedy: * Proxy Reason(s) for or condition(s) leading to the remedy: * Wendy Seltzer is unable to participate in the GNSO Council Meeting of 7 April 2011 Specific subject(s)/measure(s)/motion(s)/action(s) of the Council for which the remedy is being exercised: * Any and all votes to be held during the GNSO council Meeting on 7 April 2001. Date upon which the remedy will expire or terminate: [Note: may not exceed 3 months initially; may be renewed by sending an email with explanation to GNSO Secretariat] * Friday, April 8, 2011 I affirm that a voting position has been established on the matter(s) at issue pursuant to provisions contained in our Charter or Bylaws. * Yes Our GNSO Councilor has been instructed on how to vote on the matter(s). * Yes Please identify the GNSO Councilor who will serve as the voting proxy: * Rafik Dammak

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Fwd: Reminder of Public Comment for FY12 Framework and updated SO/AC/SG Summary of Addt'l Requests
by Stéphane Van Gelder April 1, 2011

April 1, 2011

Please see the reminder below from the finance team. Stéphane Début du message réexpédié : > De : Janice Douma Lange <janice.lange(a)icann.org> > Date : 1 avril 2011 01:12:43 HAEC > À : "lesley(a)nominet.org.uk" <lesley(a)nominet.org.uk>, Bart Boswinkel <bart.boswinkel(a)icann.org>, Gabriella Schittek <gabriella.schittek(a)icann.org>, "Heather (Heather.Dryden(a)ic.gc.ca)" <Heather.Dryden(a)ic.gc.ca>, Jeremy Beale <jbeale08(a)yahoo.com>, "ruthpuenteb(a)gmail.com" <ruthpuenteb(a)gmail.com>, Jamie Hedlund <jamie.hedlund(a)icann.org>, Jeannie Ellers <jeannie.ellers(a)icann.org>, Heidi Ullrich <Heidi.Ullrich(a)icann.org>, Olivier MJ Crepin-Leblond <ocl(a)gih.com>, Gisella Gruber-White <Gisella.Gruber-White(a)icann.org>, Seth Greene <Seth.Greene(a)icann.org>, "David Maher " <dmaher(a)pir.org>, Craig Schwartz <craig.schwartz(a)icann.org>, Mason Cole <masonc(a)snapnames.com>, "Byron Holland (byron.holland(a)cira.ca)" <byron.holland(a)cira.ca>, Tim Cole <Tim.Cole(a)icann.org>, Marilyn Cade <marilynscade(a)hotmail.com>, Avri Doria <avri(a)psg.com>, "J. Scott Evans (evansj(a)yahoo-inc.com)" <evansj(a)yahoo-inc.com>, 'Stéphane Van Gelder' <stephane.vangelder(a)indom.com>, Robert Hoggarth <robert.hoggarth(a)icann.org>, Liz Gasster <liz.gasster(a)icann.org>, Patrik Fältström <paf(a)cisco.com>, Julie Hedlund <julie.hedlund(a)icann.org>, "Tonyarholmes(a)btinternet.com" <tonyarholmes(a)btinternet.com>, "Jun Murai (junsec(a)wide.ad.jp)" <junsec(a)wide.ad.jp>, "Louie Lee (louie(a)louie.net)" <louie(a)louie.net>, Olof Nordling <olof.nordling(a)icann.org>, David Olive <david.olive(a)icann.org>, Kurt Pritz <kurt.pritz(a)icann.org> > Cc : Juan Ojeda <juan.ojeda(a)icann.org>, Aba Diakite <aba.diakite(a)icann.org>, Akram Atallah <akram.atallah(a)icann.org> > Objet : Reminder of Public Comment for FY12 Framework and updated SO/AC/SG Summary of Addt'l Requests > > A reminder that 4 April 2011 is the last day to submit public comment on the FY12 Framework for the Budget and Operating Plan. Please do submit any comments viahttp://icann.org/en/public-comment/public-comment-201104-en.htm#op-budge… > Even if you discussed issues surrounding the FY12 framework with the Finance team in San Francisco, those comments need to be logged in the Public Comment in order to be recorded and responded to. > > Please note that an updated FY12 Summary of Additional Requests from SO/AC/SG leaders is being posted today, and will be available for review and comment at the same link noted above. I have attached it to this email for your convenience, but again, any comments regarding that list do need to be documented in the Public Comment area. > > The Finance team is currently working on the draft FY12 Budget with all of the departments and budget owners within the ICANN staff; we will contact you in the upcoming weeks to schedule more discussion on this detailed work, prior to the draft Operating Plan and Budget being posted on 17 May 2011. > > If you have any questions regarding this email, do not hesitate to contact myself, Juan or Aba with your inquiry. > > Janice Lange > ICANN

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