Dear Councilors, Please below find the final agendas GNSO Council Meeting Part I and II - 1 November 2017 at 13:00 local time. They will also be posted shortly on the GNSO Council wiki space<https://community.icann.org/x/1CIhB> and on the GNSO master calendar<https://gnso.icann.org/en/group-activities/calendar#nov>. Final Proposed Agenda 01 November 2017 Part I 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/1iIhB This agenda was established according to the GNSO Operating Procedures<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_op-2Dprocedures-2D01sep16-2Den.pdf&d=DQMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=U4IBJYYYko8geLjSlTyOXbvtmoVER-_lK-PAQ64rKHs&m=55oYi9y1UeIL5juaxAkqpioz33PyWq> 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: 09:00 UTC: http://tinyurl.com/yaxkzhpl 02:00 Los Angeles; 05:00 Washington; 09:00 London; 12:00 Istanbul; 20:00 Hobart GNSO Council Meeting Audio Cast To join the event click on the link: http://stream.icann.org:8000/abu60-hallbc-en.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 mins) 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<https://gnso.icann.org/en/meetings/minutes-council-20sep17-en.pdf> of the meeting of the GNSO Council on 20 September 2017, were posted on 9th October 2017 Minutes of the meeting of the GNSO Council on 12 October 2017, will be posted on 3rd November 2017 Item 2. Opening Remarks / Review of Projects & Action List (10 mins) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List <https://gnso.icann.org/en/council/project> and Action Item List<https://community.icann.org/x/RgZlAg> Item 3. Consent Agenda (0 min) None Item 4: COUNCIL VOTE – Appointment of the next GNSO Liaison to the Governmental Advisory Committee (15 minutes) During the discussions of the GAC-GNSO Consultation Group<http://gnso.icann.org/en/drafts/review-liaison-gac-pilot-29feb16-en.pdf>, a GNSO liaison to the GAC was proposed as a way to facilitate engagement of the GAC in GNSO policy development activities. On 7 November 2016, the GNSO Council appointed Carlos Raúl Gutiérrez to serve in this role. For the selection of the next GNSO liaison to the GAC, the GNSO Council has delegated the review and selection process to the GNSO Standing Selection Committee (SSC). The SSC reviewed all applications received and achieved full consensus in selecting Julf Helsingius as its preferred candidate. Here, the Council will thank Carlos for his service in support of this role and vote to approve Julf as his successor. 4.1 – Presentation of motion<https://community.icann.org/x/2iIhB> (Susan Kawaguchi) 4.2 – Council discussion 4.3 – Council vote (voting threshold: simple majority) Item 5: COUNCIL DISCUSSION – Discussion on the Second Security, Stability, and Resiliency (SSR2) Review Team and Registration Directory Service (RDS) Review Team (15 minutes) The ICANN Bylaws call for periodic assessment by community review teams in the areas of: * Accountability and Transparency Review * Security, Stability, and Resiliency Review * Competition, Consumer Trust and Consumer Choice Review * Registration Directory Service Review The GNSO Council has asked that the GNSO representatives to these review teams, including the Security, Stability, and Resiliency Review Team (SSR-2 RT) and the Registration Directory Service Review Team (RDS-RT), provide regular feedback and updates as a group on the discussions taking place in the respective groups, as well as the positions being taken by GNSO representatives individually. There are some concerns within the community about the level of progress and direction of these reviews teams, including from the SSAC<https://www.icann.org/en/system/files/files/sac-098-en.pdf> and the ICANN Board<http://mm.icann.org/pipermail/ssr2-review/2017-October/000631.html> for SSR-2 RT and the ccNSO<https://www.icann.org/en/system/files/correspondence/sataki-to-crocker-15may17-en.pdf> for the RDS-RT. Here, the Council will discuss some of these concerns and consider how it might be able to provide guidance or assistance to help the review teams better achieve its goals. 5.1 - Presentation of discussion topic (Council Leadership) 5.2 – Council discussion 5.3 – Next steps Item 6: COUNCIL DISCUSSION – Update from the GNSO Review Working Group (15 minutes) On 21 July 2016, the GNSO Council adopted<https://gnso.icann.org/en/council/resolutions#201607> the charter<https://gnso.icann.org/en/drafts/gnso-review-charter-11jul16-en.pdf> for the GNSO Review Working Group. The WG was directed to propose an implementation plan to the GNSO Council for approval at the latest by ICANN57. On 15 December 2016, the GNSO Council adopted the proposed implementation plan, directing staff to submit the plan to the ICANN Board for its consideration. On 3 February 2017, the ICANN Board accepted<https://features.icann.org/independent-review-generic-names-supporting-organization-gnso-plan-recommendations> the GNSO Review Implementation Plan. The GNSO Review Working Group was directed to provide the GNSO Council with regular status updates (at a minimum prior to every ICANN meeting) on the status of implementation. As part of this status update, the GNSO Review Working Group should also identify any questions and/or concerns that may have arisen during the implementation that would require further guidance. Here, the GNSO Review Working Group will provide the GNSO Council with the required update (GNSO2 Review Progress & Implementation Status Report<https://gnso.icann.org/en/drafts/gnso-review-progress-implementation-report-19oct17-en.pdf>) 6.1 – Presentation of discussion topic (GNSO Review WG Leadership) 6.2 – Council discussion 6.3 – Next Steps Item 7: COUNCIL DISCUSSION – Discussion with ICANN Finance (15 minutes) The GNSO Council is considering forming a Standing Committee to focus on the ICANN Budget and Operational Plan. While no decision has been made and as the Council continues to deliberate on whether it would like to pursue the establishment of this committee, it may be timely to receive an update from ICANN Finance to help the Council understand the nature and frequency of input that may be needed. In addition, ICANNN Finance would like to provide an update on ICANN’s Reserve Fund (public comment here<https://www.icann.org/public-comments/reserve-fund-2017-10-12-en>) and Long-Term Financial Planning. Here, the Council will receive an update from ICANN Finance and discuss the topics presented. 7.1 - Presentation of discussion topic (ICANN Finance) 7.2 – Council discussion 7.3 – Next steps Item 8: COUNCIL DISCUSSION – Community gTLD Change Request Process (15 minutes) ICANN Organization has received requests, including from fTLD, to amend Specification 12 of their Registry Agreements. ICANN has denied the requests, stating in part that they are not currently in a position to approve requests to amend community restrictions in Specification 12 of the New gTLD Registry Agreement. In follow-up discussions with ICANN GDD and Legal staff, fTLD was told that ICANN could not consider the requested changes because there was no community-developed/supported process to enable them to do so. There was a procedure discussed in the New gTLD Program Explanatory Memorandum Discussion Draft: Community gTLD change request handling, but because it had not been approved nor was it included in the Applicant Guidebook, ICANN could not use this as the basis for considering the request from fTLD and others. As a result, ICANN asked fTLD if it would help lead the way in creating a Community gTLD Change Request process. fTLD agreed to undertake this effort and formed a working group comprised of fTLD and several community-based Registry Operators and New gTLD Applicants to develop a draft Community gTLD Change Request process. The working group’s current draft includes input from the RySG. The working group has also been working closely with ICANN’s GDD team. ICANN has suggested that the GNSO Guidance Process (GGP) might be one path to resolution. fTLD and other impacted parties have concerns about the timeline for a GGP as well as the allocation of community resources to resolve an issue that affects a relatively limited number of Registry Operators. On 11 October, the Council received a letter from Craig Schwartz, intended to provide further clarity about why the issue was brought to the Council. Here, the Council will discuss the topic and determine next steps. 8.1 – Presentation of topic (Council Leadership) 8.2 – Council Discussion 8.3 – Next Steps Item 9: ANY OTHER BUSINESS (15 minutes) 9.1 – Discussion about ICANN Org paper on suggested incremental changes to the ICANN meeting strategy. 9.2 – Discussion about next steps for the revised ICANN Procedure for Handling Whois Conflicts with Privacy Law 9.3 - Open Microphone ________________________________ Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i)) See https://www.icann.org/resources/pages/governance/bylaws-en/#article11. Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4) See https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf. References for Coordinated Universal Time of 09:00 UTC Local time between March and October Summer in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 02:00 San José, Costa Rica UTC-6 03:00 Iowa City, USA (CDT) UTC-5 04:00 New York/Washington DC, USA (EDT) UTC-4 05:00 Buenos Aires, Argentina (ART) UTC-3 06:00 Rio de Janeiro, Brazil (BRST) UTC-3 07:00 London, United Kingdom (GMT) UTC 09:00 Bonn, Germany (CET) UTC+1 10:00 Cairo, Egypt, (EET) UTC+2 11:00 Istanbul, Turkey (TRT) UTC+3 12:00 Singapore (SGT) UTC+8 17:00 Tokyo, Japan (JST) UTC+9 18:00 Sydney/Hobart, Australia (AEDT) UTC+11 20:00 ---------------------------------------------------------------------------- DST starts/ends on Sunday 29 of October 2017, 2:00 or 3:00 local time (with exceptions) for EU countries. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and http://tinyurl.com/yaxkzhpl Final Proposed Agenda 01 November 2017 Part II 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/1iIhB This agenda was established according to the GNSO Operating Procedures<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_op-2Dprocedures-2D01sep16-2Den.pdf&d=DQMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=U4IBJYYYko8geLjSlTyOXbvtmoVER-_lK-PAQ64rKHs&m=55oYi9y1UeIL5juaxAkqpioz33PyWq> 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: 11:15 UTC: http://tinyurl.com/y88ff7fb GNSO Council Meeting Audio Cast To join the event click on the link: http://stream.icann.org:8000/abu60-hallbc-en.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. Seating of the 2017 / 2018 Council (20 mins) 1.1 - Roll Call 1.2 - Statements of Interest Pam Little – SOI<https://community.icann.org/display/gnsosoi/Pam+Little+SOI> Registrars Stakeholder Group Philippe Fouquart – SOI<https://community.icann.org/display/gnsosoi/Philippe+Fouquart+SOI> Internet Service Providers and Connectivity Providers Arsène Tungali – SOI<https://community.icann.org/pages/viewpage.action?pageId=66087102> Non-Commercial Stakeholder Group Tatiana Tropina – SOI<https://community.icann.org/display/gnsosoi/Tatiana+Tropina+SOI> Non-Commercial Stakeholder Group Martin Pablo Silva Valent – SOI<https://community.icann.org/display/gnsosoi/Martin+Pablo+Silva+Valent+SOI> Non-Commercial Stakeholder Group Ayden Férdeline – SOI<https://community.icann.org/pages/viewpage.action?pageId=56989741> Non-Commercial Stakeholder Group Carlos Raul Gutierrez – SOI<https://community.icann.org/display/gnsosoi/Carlos+Raul+Gutierrez+SOI> Nominating Committee Appointee (CPH) Syed Ismail Shah – SOI<https://community.icann.org/display/gnsosoi/Syed+Ismail+Shah+SOI> Nominating Committee Appointee (NCPH) 1.3 - Review / Amend Agenda Item 2. Election of the Chair (15 mins) One nomination was received for this position, Heather Forrest from the Non-Contracted Parties House. The GNSO held a question & answer session with the candidate on 29 October 2017. Here the GNSO Council will proceed to elect its Chair for 2018-2019, according to the GNSO Operating Procedures (note Section 2.2 of the GNSO Operating Procedures on Officer Elections: Chair and Vice-Chairs (see Appendix 1 below). Item 3: COUNCIL DISCUSSION – Update on the GNSO Council Strategic Planning Session (15 minutes) In January of 2017, the GNSO Council submitted a FY18 additional budget request<https://community.icann.org/download/attachments/64066403/FY18%20-%2023%20-%20Community%20Requests%20Template_GNSO%20Council%20Strategic%20Planning%20Session%20Pilot%20Project%20-%20Final%20-%202%20February%202017.pdf?version=1&modificationDate=14> to support a 3 day face-to-face strategic planning session in January of 2018. At a high-level, the purpose of the meetings is to allow for focused and dedicated sessions to strategically develop a work plan for the upcoming year. This additional budget request was approved<https://www.icann.org/resources/board-material/resolutions-2017-04-19-en#1.b> by the ICANN Board on 19 April 2017. The GNSO Council Strategic Planning Session is scheduled to take place on January 29–31 2018 at the ICANN office in Los Angeles. Here the Council leadership will provide an update to the Council on preliminary planning steps undertaken to date, including review of a draft agenda. 3.1 Update (Heather Forrest & Donna Austin) 3.2 Council discussion 3.3 Next steps Item 4. Any Other Business (10 min) None Appendix 1: Excerpt from GNSO Operating Procedures (Section2.2) 2.2 https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf Officer Elections: Chair and Vice-Chairs The GNSO Council shall select the GNSO Chair and two Vice-Chairs as follows: 1. The GNSO Chair shall be elected by a 60 percent vote of each house. 2. Each house will be allowed to nominate one candidate for GNSO Council Chair. Each house is responsible for determining how to nominate its candidate. A candidate for GNSO Council Chair does not need to be a member of a house, but must be a current or incoming member of the GNSO Council. Should a Chair be elected from outside of the houses that Chair will be a non-voting Chair. * All ballots will include the “none of the above” option. In the event that a 60 percent vote of each house selects the “none of the above” option, each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be scheduled for no sooner than 30 days after the unsuccessful vote. * In the case of a tie for the most votes between the two candidates, or between a candidate and “none of above,” a second election will be held no sooner than 30 days. The candidates shall remain the same for this second election. In the case this second election also results in a tie, each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be rescheduled for no sooner than 30 days after the unsuccessful vote. * The leading candidate will be defined as the one with the highest score. The score is calculated by adding together the voting percentages attained from each house. The highest percentage attainable in each house is 100. Thus, the maximum score a candidate can achieve is 200 as a result of attaining 100 percent of the votes from the contracted party house and 100 percent from the non-contracted party house (100 percent + 100 percent = score of 200). In case neither candidate reaches the 60 percent of each house threshold, a second ballot will be held between the leading candidate and “none of the above.” * In case neither candidate reaches the 60 percent of each house threshold and the candidates do not tie, a second runoff ballot will be held between the leading candidate and “none of the above.” * If the single candidate does not reach the 60 percent of each house threshold in the runoff ballot, then each house will commence a new nomination period of not longer than 15 days. An election for the new nominees will be rescheduled for no sooner than 30 days after the unsuccessful runoff ballot. 3. Each house shall select a Council Vice-Chair from within its respective house. 4. A Chair may not be a member of the same Stakeholder Group of either of the Vice-Chairs. 5. The Chair and Vice-Chairs shall retain their votes (if any) in their respective houses (if any). 6. In the event that the GNSO Council has not elected a GNSO Council Chair by the end of the previous Chair’s term, the Vice-Chairs will serve as Interim GNSO Co- Chairs to jointly oversee the new Chair election and conduct Council business until a successful election can be held. In the event that one or both Vice-Chairs’ terms ends concurrently with the term of the previous Chair, the procedures described in Section 2.2.1 below shall apply. 7. The Council shall inform the Board and the Community appropriately and post the election results on the GNSO website within 2 business days following each election and runoff ballot, whether successful or unsuccessful. Appendix 2: GNSO Council Voting Thresholds (ICANN Bylaws,<https://www.icann.org/resources/pages/governance/bylaws-en/#article11> Article 11, Section 3) (i) Except as otherwise specified in these Bylaws, Annex A, Annex A-1 or Annex A-2 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: (i) Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House. (ii) 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. (iii) Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority (as defined in Section 11.3(i)(xix)). (iv) 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. (v) Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority. (vi) Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under (iv) or (v) above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House. (vii) 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. (viii) 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. (ix) Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority, (x) 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. (xi) Modification of Approved PDP Recommendation: Prior to Final Approval by the Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote. (xii) Initiation of an Expedited Policy Development Process ("EPDP"): requires an affirmative vote of a GNSO Supermajority. (xiii) Approve an EPDP Team Charter: requires an affirmative vote of a GNSO Supermajority. (xiv) Approval of EPDP Recommendations: requires an affirmative vote of a GNSO Supermajority. (xv) Approve an EPDP 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. (xvi) Initiation of a GNSO Guidance Process ("GGP"): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. (xvii) Rejection of Initiation of a GGP Requested by the Board: requires an affirmative vote of a GNSO Supermajority. (xviii) Approval of GGP Recommendations: requires an affirmative vote of a GNSO Supermajority. (xix) A "GNSO Supermajority" shall mean: (A) two-thirds (2/3) of the Council members of each House, or (B) three-fourths (3/4) of the Council members of one House and a majority of the Council members of the other House. https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf Appendix 1 GNSO Council Voting Results table Absentee Voting Procedures https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf 4.4 Absentee Voting 4.1.1 Applicability Absentee voting is permitted for the following limited number of Council motions or measures. 1. Initiate a Policy Development Process (PDP); 2. Approve a PDP recommendation; 3. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws; 4. Fill a Council position open for election. 4.1.2 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. 4.1.3 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. 4.1.4 Absentee balloting does not affect quorum requirements. Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine@icann.org <nathalie.peregrine@icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gnso.icann.org_files_gnso_presentations_policy-2Defforts.htm-23newcomers&d=DgMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=-d9m4sr16OXloyLjz4TF6npbe51hgE0EHtoX1U6WUOA&s=Bw2Uzbh2Pu1X0lObLtbwtN5ZNEP3ECdPAfcqzVvIOYE&e=> Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine@icann.org <nathalie.peregrine@icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gnso.icann.org_files_gnso_presentations_policy-2Defforts.htm-23newcomers&d=DgMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=-d9m4sr16OXloyLjz4TF6npbe51hgE0EHtoX1U6WUOA&s=Bw2Uzbh2Pu1X0lObLtbwtN5ZNEP3ECdPAfcqzVvIOYE&e=>