October 2016 - council - lists.icann.org

Re: [council] Re: Motion - To Approve the Report from the GNSO Bylaws Implementation Drafting Team
by Mary Wong Oct. 4, 2016

Oct. 4, 2016

Hello everyone – basically, what James said ☺ It looks like the DT is on track to complete its work in time for the 13 October Council call, and they certainly intend to do so. This will allow the Council a chance to begin its deliberations on the DT’s recommendations and the placeholder motion on 13 October, with a view toward actual adoption in Hyderabad. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889 From: <owner-council(a)gnso.icann.org> on behalf of "James M. Bladel" <jbladel(a)godaddy.com> Date: Monday, October 3, 2016 at 19:17 To: Phil Corwin <psc(a)vlaw-dc.com>, GNSO Council List <council(a)gnso.icann.org> Subject: [council] Re: Motion - To Approve the Report from the GNSO Bylaws Implementation Drafting Team Hi Phil – Let’s confirm with Marika/Mary, but we allowed this team an additional two weeks to complete their work, as requested by Steve. Naturally, we would prefer to have as much time as possible between delivery of the report and consideration / vote by Council. Also, with the transition behind us and an interim EC rep in place, I don’t think we are at risk of missing any external deadlines if we consider this item in Hyderabad, particularly if folks need more time to consider the recommendations. Note that I’m not advocating for this route, but it is an option. Thanks— J. From: Phil Corwin <psc(a)vlaw-dc.com> Date: Monday, October 3, 2016 at 16:56 To: "James M. Bladel" <jbladel(a)godaddy.com>, GNSO Council List <council(a)gnso.icann.org> Subject: RE: Motion - To Approve the Report from the GNSO Bylaws Implementation Drafting Team Can you remind us what the expected date of delivery is? I would hope we’d have at least several days to review and consult with those we represent prior to being asked to vote on approving the report’s recommendations. We only get one chance to implement the new Bylaws, so we should make sure we’re getting it right and not missing anything important. Thanks and best regards Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of James M. Bladel Sent: Monday, October 03, 2016 5:40 PM To: GNSO Council List Subject: [council] Motion - To Approve the Report from the GNSO Bylaws Implementation Drafting Team Councilors - Attached and copied below, please find a placeholder motion to approve the report & recommendations of the Bylaws Implementation Drafting Team. As discussed during our last call, we have extended the expected delivery of this report before our next call on 13 OCT. Thank you, J. MOTION TO APPROVE THE REPORT FROM THE GNSO BYLAWS IMPLEMENTATION DRAFTING TEAM WHEREAS: 1. On 30 June 2016 the GNSO Council approved[gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_coun…> the creation of a Drafting Team (DT) that was to work with ICANN staff to “fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities”; 2. In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan “which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016”; 3. The DT submitted its report to the GNSO Council on [DATE] (also insert link to report when available); 4. The GNSO Council has reviewed the DT’s report; RESOLVED: 1. The GNSO Council approves the consensus recommendations in DT’s report as submitted. 2. The GNSO Council directs ICANN staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO, for the Council’s consideration by no later than [the end of February 2017]. 3. The GNSO Council directs ICANN staff to post all recommended modifications to or proposed new procedures or structures for public comment prior to the Council’s consideration of the proposals. As resolved previously, the GNSO Council intends to intends to adopt new, or proposed modifications to existing procedures and structures to implement the revised Bylaws for the GNSO by a GNSO supermajority vote. 4. In drafting the proposed language, ICANN staff may wish to consult the DT as needed. The GNSO Council therefore requests that members of the DT make themselves available for consultation by ICANN staff for this purpose. 5. The GNSO Council thanks the DT for its hard work on the report, especially in view of the nature of the limited time frame available to the DT. ________________________________ No virus found in this message. Checked by AVG - www.avg.com[avg.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avg.com&d=DQMGaQ&c=…> Version: 2016.0.7797 / Virus Database: 4656/13076 - Release Date: 09/24/16 Internal Virus Database is out of date.

2 1

Motion to approve CCWG-Squared's Final Framework
by Austin, Donna Oct. 3, 2016

Oct. 3, 2016

Dear Councilors Please find attached a proposed motion for the Council to approve the Final Framework of Principles and Recommendations for Cross Community Working Groups (CCWG), accompanied by the Final CCWG Framework. Thanks Donna A Uniform Framework of Principles and Recommendations for Cross Community Working Groups (CCWG)

1 0

Motion - To Approve the Report from the GNSO Bylaws Implementation Drafting Team
by James M. Bladel Oct. 3, 2016

Oct. 3, 2016

Councilors - Attached and copied below, please find a placeholder motion to approve the report & recommendations of the Bylaws Implementation Drafting Team. As discussed during our last call, we have extended the expected delivery of this report before our next call on 13 OCT. Thank you, J. MOTION TO APPROVE THE REPORT FROM THE GNSO BYLAWS IMPLEMENTATION DRAFTING TEAM WHEREAS: 1. On 30 June 2016 the GNSO Council approved<https://gnso.icann.org/en/council/resolutions#20160630-2> the creation of a Drafting Team (DT) that was to work with ICANN staff to “fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities”; 2. In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan “which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016”; 3. The DT submitted its report to the GNSO Council on [DATE] (also insert link to report when available); 4. The GNSO Council has reviewed the DT’s report; RESOLVED: 1. The GNSO Council approves the consensus recommendations in DT’s report as submitted. 2. The GNSO Council directs ICANN staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO, for the Council’s consideration by no later than [the end of February 2017]. 3. The GNSO Council directs ICANN staff to post all recommended modifications to or proposed new procedures or structures for public comment prior to the Council’s consideration of the proposals. As resolved previously, the GNSO Council intends to intends to adopt new, or proposed modifications to existing procedures and structures to implement the revised Bylaws for the GNSO by a GNSO supermajority vote. 4. In drafting the proposed language, ICANN staff may wish to consult the DT as needed. The GNSO Council therefore requests that members of the DT make themselves available for consultation by ICANN staff for this purpose. 5. The GNSO Council thanks the DT for its hard work on the report, especially in view of the nature of the limited time frame available to the DT.

2 2

MP3 recording & transcript GNSO Council teleconference Thursday, 29 September 2016
by Glen de Saint Géry Oct. 2, 2016

Oct. 2, 2016

[To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org] Please find the MP3 recording of the GNSO Council teleconference, held on Thursday, 29 September 2016 http://audio.icann.org/gnso/gnso-council-29sep16-en.mp3 and the transcript of the meeting can be read here: https://gnso.icann.org/en/meetings/transcript-council-29sep16-en.pdf both on page: http://gnso.icann.org/en/group-activities/calendar#sep The Adobe Chat transcript is not yet available due to technical issues Happy listening and reading! Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org<http://gnso.icann.org/>

1 0

FW: For your review - proposed charter new gTLD Auction Proceeds CCWG
by James M. Bladel Oct. 1, 2016

Oct. 1, 2016

Councilors - See message below, sent on behalf of the gTLD Auction Proceeds Charter Drafting Team. Their Draft Charter for a proposed CCWG is attached, and they are requesting feedback by 30 September. If time allows, lets plan to add this as a discussion point for our next call (29 SEP). Thank you, J. From: Marika Konings <marika.konings(a)icann.org<mailto:marika.konings@icann.org>> Date: Tuesday, September 13, 2016 at 12:41 Subject: For your review - proposed charter new gTLD Auction Proceeds CCWG Sending on behalf of Jonathan Robinson, new gTLD Auction Proceeds Drafting Team Chair & Alan Greenberg, DT Vice-Chair: Dear SO/AC Chairs, On behalf of the new gTLD Auction Proceeds Drafting Team (DT), we are delighted to submit to you and your respective SO/ACs, the proposed charter for a Cross-Community Working Group on new gTLD Auction Proceeds. As you may recall, representatives of all ICANN SO/ACs, apart from the ccNSO (which decided not to take part in the DT effort), participated in the DT deliberations (see https://community.icann.org/x/AR_AAw for DT members). This proposed charter is the result of extensive input and deliberations, including careful review of input that was received as part of the cross-community session at ICANN 56 in Helsinki (see https://community.icann.org/x/fgmbAw) and we believe it now represents a careful balance between the different viewpoints and perspectives, including from both the DT Members and the ICANN Board liaisons to the DT. As such, the DT would like to request you review the proposed charter with this careful balance in mind and only flag to the DT any pertinent issues that would prevent your respective SO/AC from adopting this charter. We would like to request you highlight such pertinent issues by 30 September 2016 at the latest, including an indication of when you anticipate your respective SO/AC to be in a position to consider the charter for adoption following 30 September, provided that no pertinent issues have been identified by any of the ICANN SO/ACs. Of course, should you have any clarifying questions, please do not hesitate to respond to this message. The DT looks forward to receiving your feedback. Best wishes, Jonathan Robinson, DT Chair & Alan Greenberg, DT Vice-Chair

3 3

Cheers to the Multistakeholder Community
by Bruce Tonkin Oct. 1, 2016

Oct. 1, 2016

From: https://www.icann.org/news/blog/cheers-to-the-multistakeholder-community Blog post from Steve Crocker, Chair of ICANN Board Cheers to the Multistakeholder Community Two and a half years ago, the ICANN multistakeholder Community embarked on a journey to develop a globally agreed on plan to transition the U.S. Department of Commerce, National Telecommunications and Information Administration's (NTIA) stewardship of the IANA functions to the global Internet Community. The process signaled the historic final step in transitioning the coordination and management of the Internet's unique identifiers to the private-sector that began with the formation of ICANN in 1998. The process to develop the package of transition proposals embodied the spirit of the Internet itself - global, diverse and inclusive. People from different economic sectors, cultures, interests and backgrounds worked together to develop two consensus proposals that ensure the continued stable and secure operation of the IANA services and an enhanced accountability for ICANN. One of the proposals focused on ICANN's transparency and accountability. The other focused on arrangements with the three operational communities, the Regional Internet Registries for numbers, the Internet Engineering Task Force for protocol parameters, and the top-level domain registries for names. The proposal development process reflected the Community's dedication and commitment to achieving this historic final step. The community spent hundreds of hours in calls and meetings and exchanged tens of thousands of emails exploring and discussing complex governance issues, debating different views, and eventually finding consensus. This process tested and strengthened the trust in and across the ICANN community, and is a good demonstration of global multistakeholder policy development working. The resulting package of proposals has broad support because it reflects the Community's work, and preserves the existing multistakeholder system while laying the foundation for a more accountable and equitable balance within the ICANN ecosystem. Today, after months of preparation and implementation of the community's tasks, ICANN's contract with NTIA expired. As a result, the coordination and management of the Internet's unique identifiers is now privatized and in the hands of the volunteer-based multistakeholder community. The transition will help to ensure the continuation of a single, open Internet that users around the world can rely on for years to come. I am honored to be ICANN's Chairman of the Board during this historic process. The operational mechanisms and enhanced accountability frameworks outlined in the proposals are enshrined in ICANN's new Bylaws, which are now in effect. The ICANN Community, Board and organization will now move forward together as a more accountable and transparent body. These changes, while vitally important for the relationships and management of ICANN, will have no visible effect on the operation of the Internet. The very large ecosystem of Internet System Providers, content providers and users will continue to function without change. Thank you all again for your work throughout this process. I look forward to our ongoing collaboration on further accountability and transparency enhancements in Work Stream 2 of the Cross Community Working Group on Enhancing ICANN Accountability, and everything else yet to come.

1 0

FW: IPC Support for Letter of Instruction regarding IANA IPR
by James M. Bladel Oct. 1, 2016

Oct. 1, 2016

Councilors – Please see the note below from Greg Shatan on behalf of the IPC, and also some important context on the CWG Instruction Letter. Thank you, J. From: Greg Shatan <gregshatanipc(a)gmail.com> Date: Friday, September 30, 2016 at 17:16 To: "James M. Bladel" <jbladel(a)godaddy.com>, Heather Forrest <Heather.Forrest(a)acu.edu.au>, "Donna Austin (Donna.Austin(a)neustar.biz)" <Donna.Austin(a)neustar.biz>, Glen de Saint Géry <glen(a)icann.org> Cc: Kiran Malancharuvil <Kiran.Malancharuvil(a)markmonitor.com>, Lori Schulman <lschulman(a)inta.org>, "Paul McGrady (Policy)" <policy(a)paulmcgrady.com>, "Steven J. Metalitz" <met(a)msk.com>, "Vayra, Fabricio (Perkins Coie)" <FVayra(a)perkinscoie.com> Subject: IPC Support for Letter of Instruction regarding IANA IPR James, On behalf of the IPC, I would like to convey to you and to the GNSO Council that the IPC supports GNSO inclusion in the Letter of Instruction and responding "yes" to the CWG Co-Chairs. Speaking as a GNSO-appointed member of the CWG and as a member of the IANA IPR collaborative team that worked with the numbers and protocol parameters communities to complete this aspect of transition planning and implementation: I'd like to clarify the limited but significant role that this Letter plays. The Letter of Instruction directs ICANN to sign the Community Agreement, one of several agreements that are part of the IANA IPR transfer, which in turn is part of the IANA transition. The Community Agreement gives the three operational communities oversight of the IETF Trust, as the new owner of the IANA IPR. As the Names Community has no legal entity to act on its behalf, ICANN is being directed to do so in this Letter, which also constrains ICANN from taking other actions that might seem possible based on having its signature on the agreement. (More simply put, ICANN is acting as the Names Community's avatar.) This small act by the GNSO further smooths the way for the IANA transition. Since the request to enjoin the IANA transition in federal court in Texas has been DENIED, now is the time to move forward. Best regards, Greg Shatan IPC President

2 1