Dear Councillors, Ahead of the official Council minutes, please find the resolutions passed at the GNSO Council meeting on Thursday, 28 April 2011. Please let me know if you have any questions. Thank you. Kind regards, Glen 1. WHOIS Motion Whereas: In October 2007, the GNSO Council concluded that a comprehensive and objective understanding of key factual issues regarding the gTLD WHOIS system would benefit future GNSO policy development efforts (http://gnso.icann.org/resolutions/). Before defining study details, the Council solicited suggestions from the community for specific topics of study on WHOIS. Suggestions were submitted (http://forum.icann.org/lists/WHOIS-comments-2008/) and ICANN staff prepared a 'Report on Public Suggestions on Further Studies of WHOIS', dated 25-Feb-2008 (http://gnso.icann.org/issues/Whois-privacy/Whois-study-suggestion-report-25f...). On 28-Mar-2008 the GNSO Council resolved to form a WHOIS Study Working Group to develop a proposed list, ifany, of recommended studies for which ICANN staff would be asked to providecost estimates to the Council (http://gnso.icann.org/meetings/minutes-gnso-27mar08.shtml). The WHOIS Study WG did not reach consensus regarding further studies, and on 25-Jun-2008 the GNSO Council resolved to form a new WHOIS Hypotheses working group to prepare a list of hypotheses from the 'Report on Public Suggestions on Further Studies of WHOIS' and the GAC letter on WHOIS studies (http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The WG reported to the Council on 26-Aug-2008. (https://st.icann.org/Whois-hypoth-wg/index.cgi?Whois_hypotheses_wg#Whois_stu...). On 5-Nov-2008, the Council convened a group of Councilors and constituency members to draft a resolution regarding studies, if any, for which cost estimates should be obtained. TheWhois Study Drafting Team further consolidated studies including those from the GAC (http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf). The Team determined that the six studies with the highest average priority scores should be the subject of further research to determine feasibility and obtain cost estimates. On 04-Mar-2009, Council requested Staff to conduct research on feasibility and cost estimates for selected Whois studies and report its findings to Council. (See Motion 3, http://gnso.icann.org/resolutions/#200903). On 23-Mar-2010, Staff presented a report on the feasibility and cost estimates for the Whois "Misuse" and Whois "Registrant Identification" Studies, finding that each study would cost approximately $150,000 (USD) and take approximately one year to complete. (http://gnso.icann.org/issues/whois/whois-studies-report-for-gnso-23mar10-en....). The Whois Registrant Identification study would gather info about how business/commercial domain registrants are identified, and correlate such identification with the use of proxy/privacyservices. The ICANN Board approved in Brussels a FY2011 budget that includes at least $400,000 (USD) for WHOIS studies (see http://www.icann.org/en/minutes/resolutions-25jun10-en.htm#8). On 8-September-2010 the GNSO Council approved a resolution requesting staff to proceed with the Whois "Misuse" Study, which would explore the extent to which publicly displayed WHOIS data is misused, http://gnso.icann.org/resolutions/#201009. On 5-October-2010, staff provided feasibility and cost analysis for a Whois Privacy and Proxy "Abuse" study, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct1.... This study would compare broad sample of domains registered with a proxy orprivacy service provider that are associated with alleged harmful acts withoverall frequency of proxy and privacy registrations. This study was estimated to cost $150,000 (USD) and take less than a year to complete. On 11-February-2011, staff provided a feasibility and cost analysis for a Whois Proxy and Privacy "Relay and Reveal" study, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11fe..., which would analyze relay and reveal requests sent for Privacy and Proxy-registered domains to explore and document how they are processed. The staff analysis concluded that it was premature to conduct a full study, and recommended that a pre-study "survey" be conducted first, to determine if launching a full study is feasible to do. Resolved: Council defers consideration of the WHOIS Registrant Identification Study until the 9 June 2011 meeting and requests that any applicable motions in that regard be submitted not later than 1 June 2011. Further resolved, that the Council requests ICANN staff amend the study to include the RySG proposed changes http://gnso.icann.org/issues/whois/whois-study-recommendations-rysg-29mar11-... and to proceed with the Whois Privacy and Proxy "Abuse" study, as described in staff's 5-October-2010 report as amended, using the vendor selection process described in that same report, http://gnso.icann.org/issues/whois/gnso-whois-pp-abuse-studies-report-05oct1.... Further resolved, that the Council requests ICANN staff to proceed with the Whois Privacy and Proxy "Relay and Reveal" pre-study survey, as proposed in staff's 11-February-2011 report, http://gnso.icann.org/issues/whois/whois-pp-relay-reveal-studies-report-11fe.... Further resolved, that the Council request that the Board authorize additional funding for FY 2012 for Whois studies, to make up any shortfall of $130,000 (USD) between the amount of "at least $400,000" (USD) that was allocated for Whois studies in FY 2011 (and remains unspent), and the total amount needed to conduct the Whois Misuse Study ($150,000) (USD); the Whois Registrant Identification Study ($150,000) (USD) if subsequently approved; the Proxy/Privacy "Abuse" Study ($150,000) (USD); and the Proxy and Privacy "Pre-study" ($80,000) (USD), total of $530,000 (USD). Further resolved, in recognition that there is a substantial amount of coordination needed to direct this research, that staff be given the discretion to manage the studies serially or in parallel, with a goal of expediting completion of the studies as efficiently as possible. 2. Motion to terminate the Policy Process Steering Committee WHEREAS, in October 2008, the GNSO Council established a framework (see GNSO Council Improvement Implementation Plan; (http://www.icann.org/en/topics/gnso-improvements/gnso-improvements-implement...) for implementing the various GNSO Improvements identified and approved by the ICANN Board of Directors on 26 June 2008 (http://www.icann.org/en/minutes/resolutions-26jun08.htm#_Toc76113182) (http://www.icann.org/en/minutes/resolutions-26jun08.htm); WHEREAS, that framework included the formation, in January 2009, of two Steering Committees, the Operations Steering Committee (OSC) and the Policy Process Steering Committee (PPSC), to charter and coordinate the efforts of five community work teams in developing specific recommendations to implement the improvements; WHEREAS, the PPSC established two work teams, including the Working Group Work Team (WG WT), which was chartered to develop a new GNSO Working Group Model that improves inclusiveness, improves effectiveness, and improves efficiency, and the Policy Development Process Work Team (PDP WT), which was chartered to make recommendations concerning the development of and transition to a new PDP; WHEREAS the WG WT has already completed its tasks; WHEREAS the PDP WT has worked diligently to develop the proposed new GNSO Policy Development Process and expects to deliver a final report soon; WHEREAS submitting the PDP-WT report to the PPSC would add additional delay to the completion and approval of the new GNSO PDP; WHEREAS a Standing Committee for Improvement Implementation (SCI) has been created and will be responsible for reviewing and assessing the effective functioning of recommendations provided by the Operational Steering Committee (OSC) and Policy Process Steering Committee (PPSC). NOW THEREFORE, BE IT: RESOLVED, the GNSO Council hereby terminates the Policy Process Steering Committee (PPSC) and expresses its gratitude and appreciation to the PPSC for their dedication and commitment. RESOLVED, the GNSO Council requests the Charter of the PDP-WT to be updated from 'the Policy Development Process Team shall be responsible for making recommendations concerning the development of and transition to a new PDP for PPSC review' to 'the Policy Development Process Team shall be responsible for making recommendations concerning the development of and transition to a new PDP for the GNSO Council's review'. RESOLVED FURTHER, the GNSO Council hereby instructs the SCI to amend its charter approved by the GNSO Council on April 7, 2011 (see http://gnso.icann.org/resolutions/#201104) to include "recommendations provided by the PDP-WT as approved by the GNSO Council" in addition to those recommended by the OSC and PPSC as approved by the GNSO Council. 3. Motion re: Public Comments on Global Outreach Recommendations WHEREAS, in October 2008, the GNSO Council established a framework for implementing the various GNSO Improvements at: http://www.icann.org/en/minutes/resolutions-26jun08.htm identified and approved by the ICANN Board of Directors on 26 June 2008; WHEREAS, that framework included the formation, in January 2009, of two Steering Committees, the Operations Steering Committee (OSC) and the Policy Process Steering Committee (PPSC), to charter and coordinate the efforts of five community work teams in developing specific recommendations to implement the improvements; WHEREAS, the OSC established three work teams, including the Constituency and Stakeholder Group Operations Work Team, which were chartered to focus on specific operational areas addressed in the BGC Report recommendations at: http://www.icann.org/topics/gnso-improvements/gnso-improvements-report-03feb...; WHEREAS, one of the recommendations in BGC Report was to develop and implement a targeted outreach program to explore the formation of new constituency groups; WHEREAS, the Constituency and Stakeholder Group Operations Work Team (CSG-WT) was tasked with developing the recommendations on a global outreach program and submitted the document to the OSC for consideration on 21 January 2011; WHEREAS, the OSC submitted to the GNSO Council on 14 February 2011 the document "Recommendations to Develop a Global Outreach Program to Broaden Participation in the GNSO" at: http://gnso.icann.org/drafts/global-outreach-recommendations-21jan11-en.pdf; WHEREAS, the OSC recommendations describe a global outreach strategy to relevant members of the public, particularly non-English speakers and those from developing countries/regions; and for development of global outreach programs aimed at increasing participation both from current members of the ICANN community as well as potential members, particularly non-English speakers; WHEREAS, on 24 February 2011 the GNSO Council acknowledged receipt of the document by the OSC and directed staff to post the document for forty-five (45) days in the ICANN Public Comment Forum at: http://www.icann.org/en/public-comment/#gnso-outreach; WHEREAS, ICANN Staff produced a Summary and Analysis document of the four comments received and posted it in the Forum at: http://www.icann.org/en/public-comment/#gnso-outreach. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council directs the OSC to ask the CSG-WT to review the Summary and Analysis document as well as the comments and make any changes to the proposed recommendations as are deemed appropriate, or to make those changes directly as it sees fit. Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org http://gnso.icann.org