September 2012 - council - lists.icann.org

GNSO Council Meeting Agenda / 13 September 2012 at 15:00 UTC
by Glen de Saint Géry Sept. 5, 2012

Sept. 5, 2012

Dear All, The Agenda for the GNSO Council Meeting on 13 September 2012 at 15:00 UTC is posted on page http://gnso.icann.org/en/calendar#sep http://gnso.icann.org/en/meetings/agenda-council-13sep12-en.htm and on the Wiki at: https://community.icann.org/display/gnsocouncilmeetings/Agenda+13+September… Reminder: Reports, motions and documents for consideration are due no later than (NLT) 8 days in advance (i.e.WEDNESDAY, 5 September 2012) of the GNSO Council meeting on 13 September 2012 at 15:00 UTC. This agenda was established according to the GNSO Council Operating Procedures approved 22 September 2011 for the GNSO Council and updated. http://gnso.icann.org/council/gnso-operating-procedures-16dec11-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 Times 15:00 UTC<http://tinyurl.com/bojlrbx> http://tinyurl.com/bojlrbx Coordinated Universal Time 15:00 UTC 08:00 Los Angeles; 11:00 Washington; 16:00 London; 17:00 Paris; 00:00 Tokyo. 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 (10 minutes) 1.1 Roll Call 1.2 Statement of interest updates 1.3 Review/amend agenda 1.4. Note the status of minutes for the previous Council meeting per the GNSO Operating Procedures: Minutes of the GNSO Council meeting 20 July 2012<http://gnso.icann.org/en/meetings/minutes-council-20jul12-en.htm> approved on 22 August 2012. 1.5. GNSO Pending Projects List http://gnso.icann.org/meetings/pending-projects-list.pdf * Review main changes. * Comments and/or questions. Item 2: Consent agenda (5 minutes) A consent agenda item is being added as a standard agenda item to provide for a simplified process to obtain Council approval on specific tasks. 2.1 Approve proposed IRD-WG letter from GNSO Council to ICANN Board<http://gnso.icann.org/en/correspondence/van-gelder-faltstrom-to-icann-board…>. 2.2 Approve consent agenda<http://gnso.icann.org/en/council/consent-agenda-09jul12-en.pdf> in the GNSO operating procedures<http://gnso.icann.org/en/council/gnso-operating-procedures-redline-09jul12-…>. Item 3: RAP recommendation on Uniformity of Reporting 10 minutes) At its meeting on 6 October, the GNSO Council requested the ICANN Compliance Department to report on existing systems to report and track violations and/or complaints; improvements made since the RAPWG Report or foreseen in the near future, and: indentify gaps and any improvements that might be desirable but not foreseen at this stage. The ICANN Compliance Team submitted its report on 18 March and presented it to the GNSO Council at its meeting on 12 April. Refer to the report http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-un… The Council must now decide what next steps to take, if any. 3.1 Update<http://gnso.icann.org/en/issues/rap/comments-rap-uniformity-of-reporting-30…> from Mikey O'Connor. 3.2 Discussion. 3.3 Nest steps. Item 4: Whois Review Team Final Report (10 minutes) At its July 20, 2012 meeting, the Council created a small group to draft a letter in response to ICANN Board resolved #2012.06.23.26 (see Board resolution (http://www.icann.org/en/groups/board/documents/resolutions-23jun12-en.htm#5) The August 31, 2012 deadline set by the Board for receiving input proved too short for the Council, and on August 30, 2012 GNSO Chair Stéphane Van Gelder sent Chairman of the ICANN Board Steve Crocker and Interim ICANN CEO Akram Attalah a letter<http://gnso.icann.org/en/node/33821> informing them that the Council would hopefully be providing further input very soon. A draft has been proposed by the group. The Council must now decide whether to send this draft as-is or not. 4.1 Update from group (Brian Winterfeldt) 4. 2 Discussion 4. 3 Next steps. Item 5: WHOIS Proxy/Privacy Reveal & Relay Feasibility Survey Report (10 minutes) This survey evaluated the feasibility of conducting a future in-depth study into communication Relay and identity Reveal requests sent for gTLD domain names registered using Proxy and Privacy services. The Interisle Consulting Group has completed this survey and initial results have been reported, and explored in a community webinar held on 13 August. This item is an overview of the final report to be published in mid-September, and an examination of possible next steps for the GNSO Council to consider. 5.1 Update from Staff (Barbara Roseman) 5.2 Discussion 5.3 Next steps Item 6: Fake Renewal Notices (10 minutes) The GNSO Council requested that a small group prepare a request for information concerning Fake Renewal Notices for the Registrar Stakeholder Group to help inform its deliberations on the Registration Abuse Policies Working Group (RAP WG) Recommendation on Fake Renewal Notices (#2). Once the drafting team submitted its report to the GNSO Council and the comment period was completed, the GNSO Council requested the Drafting Team to review the comments received, update the report if deemed appropriate and report back accordingly. The DT has reviewed the comments received and submitted its updated report to the GNSO Council on 21 June 2012 (see http://gnso.icann.org/issues/frn/fake-renewal-notices-updated-report-20jun1…) and the DT Chair presented this report to the Council at the July 20 meeting. At that meeting, the Council opted to have further consultations with the Registrar Stakeholder Group to find out what solutions the Registrars can offer to deal with bad actors and return to the Council with proposals for options, or solutions, or next steps on this issue. This agenda item is an update on those consultations. 6.1 Update from RrSG (Mason Cole) 6.2 Discussion 6.3 Next steps Item 7: Final Issue Report on Protection of International Organizations (15 minutes) The Preliminary Issue Report on the protection of international organization names requested by the GNSO Council on 12 April was published and a public comment forum was opened on 4 June. http://gnso.icann.org/issues/intl-org-names-prelim-issue-report-04jun12-en.… The GNSO Drafting Team is evaluating possible recommendations to protect the Red Cross and IOC names at the second level and staff has now published the Final Issue Report, since the Public Comment forum has closed. This item is an overview of that report and an examination of possible next steps. 7.1 Update from Staff (Brian Peck) 7.2 Discussion 7.3 Next steps Item 8: Impact of new gTLDs on ICANN's structure (10 minutes) The new gTLD program will have a significant impact on the functioning of ICANN and its structure. The Board has called for an in-depth community discussion to identify early the corresponding challenges and possible evolutions. A call has been put out for the community to share a one-pager on this topic to gather preliminary views and help prepare a dedicated session in Toronto. The GNSO Council has expressed a desire to respond to this call and a small group has been created to draft a response. Although the Board has called for a response by September 10, this is not a hard deadline so the Council will now consider whether to approve the proposed response. 8.1 Update on draft response (Thomas Rickert) 8.2 Discussion 8.3 Call to approve sending response to the Board Item 9: Overview of schedule for Toronto (10 minutes) As usual, work is ongoing on preparing the GNSO's work schedule for the upcoming ICANN international meeting. This includes the GNSO's weekend working sessions and Wednesday's Open Council Meeting. 9.1 Update on Toronto agenda (Wolf-Ulrich Knoben) 9.2 Discussion and review of any amendments to agenda Item 10: Toronto GAC High Level Meeting (15 minutes) The GAC is organizing a High Level Meeting on October 15 in Toronto. The agenda for this meeting includes an exchange with SO/AC leadership. Following a clarification request by the GNSO leadership, the GAC leadership has given the following explanation on its expectations for the meeting: "I would recommend preparation of Qs and lining up speakers in advance. I trust that the GNSO leadership will work with the GAC, as well as my Canadian colleagues, to find a balance between the differing cultures of the GNSO, and senior officials and politicians unfamiliar with the ICANN environment, to have a positive and productive exchange to reinforce and improve the multi-stakeholder model." The Council should therefore plan for this meeting and discuss possible questions it may want to raise. 10.1 Introduction and overview of meeting (Stéphane Van Gelder) 10.2 Discussion Item 11: Management of work (10 minutes) Recent discussions on the Council list have raised concerns about the volume of documents published prior to an ICANN meeting and how these can best be managed by the volunteer community that makes up the GNSO Council as it struggles to read a substantial amount of reports and other documents in order to better inform its own decision making processes with regards to policy. 11.1 Discussion Item 12: Any Other Business (5 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: a. Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House. b. Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A<http://www.icann.org/en/about/governance/bylaws#AnnexA>): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority. d. Approve a PDP Team Charter for a PDP Within Scope: requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority. f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under d. or e. above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House. g. Terminate a PDP: Once initiated, and prior to the publication of a Final Report, the GNSO Council may terminate a PDP only for significant cause, upon a motion that passes with a GNSO Supermajority Vote in favor of termination. h. 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. i. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority, j. 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. k. Modification of Approved PDP Recommendation: Prior to Final Approval by the ICANN Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote. l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council members of each House, or (b) three-fourths (3/4) of one House and a majority of the other House." Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 4.4<http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>) 4.4.1 Applicability Absentee voting is permitted for the following limited number of Council motions or measures. a. Initiate a Policy Development Process (PDP); b. Approve a PDP recommendation; c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws; d. Fill a Council position open for election. 4.4.2 Absentee ballots, when permitted, must be submitted within the announced time limit, which shall be 72 hours from the meeting‟s adjournment. 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 calendar days, provided such amendment is verbally confirmed by all Vice-Chairs present. 4.4.3 The GNSO Secretariat will administer, record, and tabulate absentee votes according to these procedures and will provide reasonable means for transmitting and authenticating absentee ballots, which could include voting by telephone, e- mail, web-based interface, or other technologies as may become available. 4.4.4 Absentee balloting does not affect quorum requirements. (There must be a quorum for the meeting in which the vote is initiated.) ---------------------------------------------------------------------------- Local time between March and October, Summer in the NORTHERN hemisphere ---------------------------------------------------------------------------- Reference (Coordinated Universal Time) UTC 15:00 ---------------------------------------------------------------------------- California, USA (PDT<http://www.timeanddate.com/library/abbreviations/timezones/na/pst.html>) UTC-8+1DST 08:00 New York/Washington DC, USA (EDT) UTC-5+1DST 11:00 Buenos Aires, Argentina (ART<http://www.timeanddate.com/library/abbreviations/timezones/sa/art.html>) UTC-3+0DST 12:00 Montevideo, Uruguay (UYT<http://www.timeanddate.com/library/abbreviations/timezones/sa/uyst.html>) UTC-3+0DST 12:00 London, United Kingdom (BST) UTC+1DST 16:00 Abuja,Nigeria (WAT<http://www.timeanddate.com/library/abbreviations/timezones/africa/wat.html>) UTC+1+0DST 16:00 Tunis, Tunisia (CET) UTC+1+0DST 16:00 Bonn, Germany (CEST) UTC+1+1DST 17:00 Paris, France (CEST) UTC+1+1DST 17:00 Ramat Hasharon, Israel(IST<http://www.timeanddate.com/library/abbreviations/timezones/asia/ist-israel.…>) UTC+2+0DST 18:00 Karachi, Pakistan (PKT<http://www.timeanddate.com/library/abbreviations/timezones/asia/pkt.html> ) UTC+5+0DST 20:00 Beijing/Hong Kong, China (HKT ) UTC+8+0DST 23:00 Tokyo, Japan (JST<http://www.timeanddate.com/library/abbreviations/timezones/asia/jst.html>) UTC+9+0DST 00:00 Wellington, New Zealand (NZDT<http://www.timeanddate.com/library/abbreviations/timezones/pacific/nzdt.html> ) UTC+12+0DST 03:00 next day ---------------------------------------------------------------------------- The DST starts/ends on last Sunday of October 2012, 2:00 or 3:00 local time (with exceptions) ---------------------------------------------------------------------- For other places see http://www.timeanddate.com and http://tinyurl.com/bojlrbx 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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RAP Recommendation Uniformity of Reporting - Comments
by Marika Konings Sept. 3, 2012

Sept. 3, 2012

Dear All, On behalf of Mikey O'Connor, please find attached his comments on the Registration Abuse Policies (RAP) Working Group recommendation on Uniformity of Reporting which he agreed to provide following the discussion the Council had in relation to this recommendation at the Open GNSO Council meeting in Prague. Mikey will be available to present his comments and/or answer any questions you may have at the next GNSO Council meeting. With best regards, Marika

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7 Aug letter from US Senate Judiciary Committee
by Alan Greenberg Sept. 3, 2012

Sept. 3, 2012

Perhaps of interest. http://www.icann.org/en/news/correspondence/leahy-et-al-to-atallah-07a ug12-en.pdf

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Resolutions from ICANN Board meeting 28 August 2012
by Bruce Tonkin Sept. 1, 2012

Sept. 1, 2012

Key decisions - - outcome of reconsideration request for the Board decision to approve the change to the .cat agreement for WHOIS - delegation of country code for Malaysia in Arabic - re-delegation of .rw for Rwanda - approval of ICANN meeting in Durban, South Africa from 14-19 July 2013 From: http://www.icann.org/en/groups/board/documents/resolutions-28aug12-en.htm 28 August 2012 1. Consent Agenda: a. Approval of Board Meeting Minutes Resolved (2012.08.28.01), the Board approves the minutes of the 23 June 2012 ICANN Board Meeting. b. Confirmation of Report on Written Consent Actions Resolved (2012.08.28.02) the Board confirms the report on the Written Consent Actions of the August 2012. c. Request for Delegation of مليسيا. ("Maleesya") domain representing Malaysia in Arabic Whereas, ‎مليسيا. ("Maleesya"), encoded as "xn--mgbx4cd0ab", is a string that has been deemed to appropriately represent Malaysia through the IDN Fast Track process. Whereas, ICANN has received a request for delegation of ‎مليسيا. to MYNIC Berhad. Whereas, ICANN has reviewed the request, and has determined that the proposed delegation would be in the interests of the local and global Internet communities. It is hereby resolved (2012.08.28.03), that the proposed delegation of the ‎مليسيا. domain to MYNIC Berhad is approved. d. Redelegation of .rw Whereas, RW is the ISO 3166-1 two-letter country-code designated for Rwanda; Whereas, ICANN has received a request for the redelegation of .RW to the Rwanda Information Communication and Technology Association; Whereas, ICANN has reviewed the request, and has determined that the proposed redelegation would be in the interests of the local and global Internet communities. It is hereby resolved (2012.08.28.04), that the proposed redelegation of the .RW domain to the Rwanda Information Communication and Technology Association is approved. . e. Location of Africa 2013 Meeting Whereas, ICANN intends to hold its second Meeting for 2013 in the Africa region as per its policy, Whereas, the .za Domain Name Authority submitted a viable proposal to serve as host for the ICANN 2013 Africa Meeting. Whereas, staff has completed a thorough review and analysis of the .za Domain Name Authority proposal and finds it acceptable. Whereas, the Board Finance Committee has approved the budget for the ICANN 2013 Africa Meeting as proposed. Whereas the Board Public Participation Committee is coordinating the review of the staff proposal and supports the proposition for the location of the ICANN 2013 Africa Meeting. Resolved (2012.08.28.05), the Board accepts the proposal of the .za Domain Name Authority, and approves that the ICANN 2013 Africa Meeting shall be held in Durban, South Africa from 14-19 July 2013, with a budget not to exceed US$2.472M. 2. Main Agenda: a. BGC Recommendation on Reconsideration Request 12-2 Whereas, the Board Governance Committee has reviewed Reconsideration Request 12-2 submitted by the Intellectual Property Concerns Constituency concerning the Board's 6 May 2012 decision on Fundacio puntCAT's RSEP Request regarding the publication of Whois data for certain registrations within the .CAT Registry (http://www.icann.org/en/groups/board/documents/resolutions-06may12-en.htm#1…) Whereas, the BGC recommends that Reconsideration Request 12-2 should be denied. Whereas, Reconsideration Request 12-2 and the BGC's recommendation have been posted on the ICANN website at http://www.icann.org/en/groups/board/governance/reconsideration. Resolved (2012.08.28.06), the Board adopts the recommendation of the BGC that Reconsideration Request 12-2 be denied, as the request did not identify any material information that the Board failed to take into consideration when taking its 6 May 2012 decision. Resolved (2012.08.28.07), the Board directs the Secretary to amend the Whereas clause precedent to Resolution 2012.05.06.02 so as to remove the suggestion of a blanket prohibition of publication of Whois data for individual registrants, and to more accurately reflect the scope of the amendment to the .CAT Registry Agreement that was requested and approved. 3. Executive Session The Board conducted a confidential portion of the meeting during which it passed other resolutions (2012.08.28.C1 and 2011.08.28.C2) that shall remain confidential as an "action relating to personnel or employment matters", pursuant to Article III, section 5.2 of the ICANN Bylaws.

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