Dear
Councillors,
Please
find the updated proposed Agenda for the GNSO Council Meeting on 29 September
2016 at 21:00UTC.
The
updates consist of changing round items 5 and 6 on the
agenda.
Please note that
all
documents
referenced in the agenda have
been gathered on a Wiki page for convenience and
easier access:
https://community.icann.org/x/owu4Aw
This
agenda was established according to the GNSO
Operating Procedures v3.2 updated on 01
September 2016.
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.
Coordinated Universal
Time: 21:00 UTC (http://tinyurl.com/hxoe7sh) 14:00 Los Angeles;
17:00 Washington; 22:00 London; 00:00 Istanbul; 07:00 Hobart – next day
GNSO Council Meeting Audio
Cast
To join the event click on the link: http://stream.icann.org:8000/gnso.m3u
Councilors should notify the GNSO Secretariat in advance if they will not be
able to attend and/or need a dial out call.
___________________________________________
Item 1:
Administrative matters (5 minutes)
1.1 –
Roll call
1.2 –
Updates to Statements of Interest
1.3 –
Review/amend agenda.
1.4
– Note the status of minutes for the previous Council meetings per the GNSO
Operating Procedures:
Minutes of the GNSO
Council Meeting on 1
September 2016 to be posted on xx xxxxx 2016.
Item 2:
Opening Remarks / Review of Projects & Action List (5
minutes)
2.1 –
Review focus areas and provide updates on specific key themes / topics, to
include review of Projects List and
Action
List
Item 3:
Consent agenda (0 minutes)
Item 4:
COUNCIL VOTE – GNSO Validation of the FY17 Budget and Cost-Control Processes for
the CCWG-Accountability (20 minutes)
A draft
budget and cost-control processes for the CCWG-Accountability activities for
FY17 was presented at the group’s plenary meeting of 21 June 2016. In accordance
with the process agreed with the Project Cost Support Team (PCST) that supported
the CCWG-Accountability, a request for validation of the proposed budget and
cost-control processes was transmitted to the CCWG-Accountability’s Chartering
Organizations on 23 June.
The
GNSO Council discussed the validation request during ICANN56 in Helsinki at the
end of June, and a webinar on the topic was held at the Council’s request on 23
August. Here the Council will consider approving the request to validate the
FY17 budget and cost-control processes as well as a number of related topics
that have been highlighted for discussion by various
Councilors.
4.1 –
Presentation of the motion
(James
Bladel)
4.2 –
Discussion
4.3 –
Council vote (voting threshold: simple majority)
Item 5:
COUNCIL VOTE – Adoption of Implementation Advisory Group Recommendations to
Update Procedure on WHOIS Conflicts with National Laws (20
minutes)
The GNSO’s 2005 Policy
on WHOIS Conflicts with National Laws (see http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm)
had recommended the creation of a procedure to address conflicts between a
contracted party's WHOIS obligations and local/national privacy laws or
regulations. Under the existing procedure dating from January 2008, a contracted
party that credibly demonstrates that it is legally prevented from complying
with its WHOIS obligations can invoke the procedure, which defines a credible
demonstration as one in which the contracted party has received "notification of
an investigation, litigation, regulatory proceeding or other government or civil
action that might affect its compliance." The procedure has never been invoked.
In May 2014, ICANN
launched a review of the procedure. An Implementation Advisory Group (IAG) was
formed and began its work in January 2015. The IAG’s Initial Report was
published for public comment in November 2015 (see https://www.icann.org/public-comments/iag-whois-conflicts-privacy-2015-10-05-en).
On 25 May 2016, the
IAG’s Final
Report, accompanying Appendices
and a summary Memo
to the GNSO Council was delivered to the GNSO Council. The IAG proposed
modifications to the procedure that it believes do not contradict the underlying
policy recommendations. The Council received an update on the proposed
modifications at ICANN56 and discussed the matter further at its meetings on 21
July and 2 September. Here the Council will confirm whether or not the IAG’s
proposed modifications conform with the intent of the underlying GNSO
Policy.
5.1 –
Presentation of the motion
(Stephanie Perrin)
5.2 –
Discussion
5.3 –
Council vote (voting threshold: simple
majority)
Item
6: COUNCIL VOTE – Approval of Appointment of an Interim GNSO Representative to
the Empowered Community Administration (20
minutes)
Section
1.1(a) of Article 6 of the new ICANN Bylaws concerning the composition and
organization of the Empowered Community (EC) states that the EC is to be “a
nonprofit association formed under the laws of the State of California
consisting of the ASO, the ccNSO, the GNSO, the ALAC and the GAC (each a
“Decisional Participant” or “associate,” and collectively, the “Decisional
Participants”).” Section 6.3 provides that, as a Decisional Participant in the
EC, the GNSO “shall act through its respective chair or such other person as may
be designated by the GNSO”. Each Decisional Participant must deliver annually a
written certification from its chair or co-chairs to the ICANN Secretary
designating the individual representing that Decisional Participant in the EC
Administration.
On 30
June 2016, the GNSO Council created a Drafting Team (DT) to work with ICANN
staff to identify the GNSO’s new rights and obligations, and prepare an
implementation plan to address any needed changes by 30 September (https://gnso.icann.org/en/council/resolutions#20160630-2).
Upon the completion of the DT’s work, the GNSO is expected to finalize its
process for appointing its EC representative going forward. Here the Council
will consider the appointment of the GNSO Chair as an interim representative to
the EC Administration to ensure that a GNSO representative is designated as soon
as the new Bylaws come into effect, pending the completion and approval of the
DT’s work.
6.1 –
Presentation of the motion
(James Bladel)
6.2 –
Discussion
6.3 –
Council vote (voting threshold: simple majority)
Item 7:
COUNCIL DISCUSSION – Proposed Draft Charter for a New Cross Community Working
Group concerning Auction Proceeds from the 2012 New gTLD Program (15
minutes)
The
2012 New gTLD Program established auctions as a mechanism of last resort to
resolve string contention. Although most string contention sets have been
resolved through other means prior to reaching the stage of an auction conducted
by ICANN's authorized auction service provider, it was recognized from the
outset that significant funds could accrue as a result of several auctions. As
such, any and all auction proceeds have been reserved and earmarked until the
Board authorizes a plan for the appropriate use of the funds. The Board, staff,
and community are expected to work together in designing the appropriate
processes for addressing the use of the new gTLD auction proceeds.To this end, a
cross-community Drafting Team (DT) was formed which has now submitted a proposed
Charter for a cross-community working group to all SO/ACs for consideration.
As outlined by the DT,
the proposed charter is the result of
extensive input and deliberations and 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 has requested that the GNSO
Council review the proposed charter
with this careful balance in mind and only flag to the DT any pertinent issues
that would prevent the GNSO from adopting this charter. The DT has requested to
receive the GNSO’s feedback by 30 September 2016 at the latest, including
an indication of when the GNSO anticipates 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.
Here
the Council will discuss the DT’s proposed
Charter, with a view toward providing its input by 30
September.
7.1 –
Summary and update (Jonathan Robinson (DT chair))
7.2 –
Council discussion
7.3 –
Next steps
Item 8:
COUNCIL DISCUSSION – ICANN Board Letter on New gTLD Subsequent Procedures (15
minutes)
On 5
August 2016, ICANN Board Chair Dr. Steve Crocker sent a letter to the GNSO
Council concerning work on the GNSO Policy Development Process (PDP) on New gTLD
Subsequent Procedures (https://gnso.icann.org/en/correspondence/crocker-to-bladel-05aug16-en.pdf).
The Board wished to know the GNSO Council’s view of the current work in light of
the existing GNSO policy and ongoing parallel review work on the 2012 New gTLD
Program. The Board letter specifically asked for information on the PDP timeline
and whether the GNSO believes that the current PDP must be completed prior to
advancing a new application process under the current policy recommendations,
including whether any consideration has been given in relation to whether a
future application process could proceed while policy work continues and be
iteratively applied to the process for allocating new gTLDs. On 16 August the
GNSO Chairs sent a reply to the Board on behalf of the Council, acknowledging
the Board’s request (https://gnso.icann.org/en/correspondence/council-leadership-to-crocker-16aug16-en.pdf).
At its
meeting on 2 September, the GNSO Council agreed to seek input from all GNSO
Stakeholder Groups and Constituency leaders, as well as the New gTLD Subsequent
Procedures Policy Development Process Working Group. Here the Council will
discuss feedback received from the various groups and determine next
steps.
8.1
– Status update (GNSO Council chairs / Paul McGrady (for the PDP Working
Group))
8.2 –
Discussion
8.3 –
Next steps
Item 9:
COUNCIL DISCUSSION – Proposed Final Framework for Future Cross Community Working
Groups (5 minutes)
In
March 2014, the ccNSO and GNSO Councils jointly chartered a Cross Community
Working Group to develop a framework of principles to guide the formation,
chartering, operations and closure for future cross community working groups
(CCWG-Principles). The CCWG-Principles published an initial proposed framework
for public comment in February 2016, and following a review of all public
comments received and further community discussion at ICANN56 in Helsinki at the
end of June, completed a proposed Final Framework which it has since submitted
to both its Chartering Organizations. Here the Council will receive a brief
update on the Final Framework, with a view toward its possible adoption at the
next Council meeting in October.
9.1 –
Summary and update (Mary Wong / Steve Chan)
9.2 –
Next steps
Item
10: COUNCIL DISCUSSION – GNSO Meeting Schedule for ICANN57 (5
minutes)
ICANN57
will take place in Hyderabad, India, from 3-9 November 2016. This will be the
first “Meeting C” under the new ICANN Meeting Strategy as well as the Annual
General Meeting for ICANN. A draft GNSO
schedule for the meeting was circulated to the
GNSO Council on 11 July 2016 and reviewed at the Council meetings on 21 July and
2 September. GNSO Stakeholder Groups and Constituencies wishing to hold sessions
at ICANN57 were requested to submit meeting requests by the agreed deadline.
Here the Council will discuss the GNSO’s meeting schedule for ICANN57, including
the Council sessions and Working Group and other
meetings.
10.1 –
Overview of the proposed schedule (GNSO Council Chairs / Glen de St
Gery)
10.2 –
Discussion
10.3 –
Next steps
Item
11: 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):
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)
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.)
Reference
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de Saint Géry
GNSO
Secretariat
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