[council] GNSO Council draft minutes 24 May 2007

[To: council[at]gnso.icann.org] Dear Council Members, Please find the draft minutes of the GNSO Council teleconference held on 24 May 2007. Please let me know if you would like any changes made. Thank you very much. Kind regards, Glen ........................................................................ 24 May 2007 Proposed agenda and documents List of attendees: Philip Sheppard - Commercial & Business Users C. Mike Rodenbaugh - Commercial & Business Users C. Alistair Dixon - Commercial & Business Users C Greg Ruth - ISCPC Antonio Harris - ISCPC- absent - apologies Tony Holmes - ISCPC Thomas Keller- Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Chuck Gomes - gTLD registries Edmon Chung - gTLD registries Cary Karp - gTLD registries - absent - apologies Kristina Rosette - Intellectual Property Interests C Ute Decker - Intellectual Property Interests C - absent Kiyoshi Tsuru - Intellectual Property Interests C - absent Robin Gross - NCUC Norbert Klein - NCUC. Mawaki Chango - NCUC - absent - apologies Sophia Bekele - Nominating Committee appointee Jon Bing - Nominating Committee appointee - absent - apologies Avri Doria - Nominating Committee appointee 15 Council Members (21 Votes - quorum) ICANN Staff Sue Jonklaas - Regional Business Advisor -Asia Pacific, Office of the General Counsel. Denise Michel - Vice President, Policy Development Olof Nordling - Manager, Policy Development Coordination Liz Williams - Senior Policy Counselor Maria Farrell - GNSO Policy Officer Craig Schwartz -Chief gTLD Registry Liaison Glen de Saint Géry - GNSO Secretariat GNSO Council Liaisons Suzanne Sene - GAC Liaison - absent - apologies Alan Greenberg - ALAC Liaison - absent Quorum present at 12:10 UTC. MP3 Recording Bruce Tonkin chaired this meeting Approval of the agenda Item 1: Update any Statements of Interest No updates Item 2: Approval of the GNSO Council minutes: 28 March 2007 12 April 2007 Chuck Gomes moved the adoption of both sets of GNSO Council minutes, 28 March 2007 and 12 April 2007 Motion approved. Approval of the GNSO Council minutes of 28 March 2007 and 12 April 2007 Decision 1: The GNSO Council minutes of 28 March 2007 and 12 April 2007 were adopted. Item 3: Update on election process for GNSO Council chair - GNSO Secretariat to provide an update Glen de Saint Géry reported that the formal nomination period, for the election of GNSO Council chair for the period 7 June 2007 until 31 January 2008 was open for two weeks from Friday 27 April to Friday 11 May 2007. Two candidates were nominated and seconded, Philip Sheppard and Avri Doria. The voting began on Wednesday 16 May, and closes on Wednesday 30 May at 15:00 UTC. The Secretariat will announce the outcome of the voting at the close of the voting period and the results will be confirmed at the GNSO Council meeting on 7 June 2007. Item 4: Proposed motion to create a Vice-Chair role: Bruce Tonkin commented that the ICANN bylaws mentioned a formal position of Vice Chair for the ICANN Board and the ccNSO Council but the roles were not defined. The effect of the proposed motion was to the rules and procedures of the Council without pre-empting any Board changes to the bylaws following the GNSO review. It was agreed that the vice-chair would be appointed via a vote of Council members using the same procedure as used to elect a chair. Bruce Tonkin, seconded Avri Doria, whose friendly amendment was accepted, proposed the motion: The GNSO Council agrees to create a position of Vice-chair to act as Chair in situations when the Chair is temporarily unavailable to do so and to assist the chair when needed. The motion passed by a unanimous vote of acclamation. Decision 2: The GNSO Council agrees to create a position of Vice-chair to act as Chair in situations when the Chair is temporarily unavailable to do so and to assist the chair when needed. Action Item: The Secretariat was requested to open a process to select a vice chair as soon as the current GNSO chair election was resolved after 7 June 2007. Item 5: Motion to request issues report on protecting IGO names and abbreviations Whereas, the GNSO Council recognizes the recommendation put forward by the IPC Constituency regarding possible measures in line with WIPO-2 to protect International Intergovernmental Organizations (IGO) names and abbreviations as domain names. Whereas, the GNSO Council notes that measures to protect IGO names and abbreviations are requested in the GAC principles for New gTLDs. Whereas, the GNSO Council notes that WIPO is the maintenance agency for the authoritative list of relevant IGO names and abbreviations protected under Article 6ter of the Paris Convention (http://www.wipo.int/article6ter/en/ ). The GNSO Council requests that the staff produce an issues report on the policy issues associated with adequately handling disputes relating to IGO names and abbreviations as domain names. The GNSO Council also requests that the staff liaise with WIPO to utilize its knowledge and experience of WIPO-2. The registry constituency put forward a position paper http://gnso.icann.org/mailing-lists/archives/council/msg03500.html with the conclusion: "The Registry constituency urges the GNSO not to accept the Intellectual Property constituency recommendation. There is no sound basis for requesting an Issues Report on this subject. The proposed Dispute Resolution Process is far from ICANN’s mission of technical coordination of the domain name system and the protection of security and stability of the Internet. It would be a radical departure from the current globally accepted understanding of ICANN’s role." Bruce Tonkin commented that it was a request from the external world to ICANN to examine the issue in more detail, and if ICANN were not able to do anything then it would be for individual countries to deal with the issue and create laws in the countries. The secretariat was requested to point to a previous Council decision on this topic. (See: http://www.gnso.icann.org/meetings/minutes-gnso-12apr06.shtml) In the light of the new gTLD work, it could be advantageous to examine a mechanism for a new dispute processes. Caution should be taken in that the dispute resolution process should not provide a blanket protection for all International Intergovernmental Organizations to register which ever names they wished. Constituency resources and staff support were two factors that had to be considered. It was clarified that creating an issues report was separate from Council deciding whether there were sufficient issues for a policy development process to be commenced and whether Council and the constituencies would be able to resource it. Assurance was given that there would be adequate staff resources should Council decide to follow through with a policy development process. Council was reminded of the provisions in the the ICANN bylaws regarding: "1. Raising an Issue An issue may be raised for consideration as part of the PDP by any of the following: b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made." Bruce Tonkin, seconded by Ross Rader proposed the following motion: Whereas the GNSO Council requested at its meeting on 12 April 2006 that the Intellectual Property Interests constituency following consultations make a recommendation to the GNSO Council as to whether or not a policy development process is required. Whereas, the GNSO Council recognizes the recommendation put forward by the IPC Constituency regarding possible measures in line with WIPO-2 to protect International Intergovernmental Organizations (IGO) names and abbreviations as domain names. Whereas, the GNSO Council notes that measures to protect IGO names and abbreviations are requested in the GAC principles for New gTLDs. Whereas, the GNSO Council notes that WIPO is the maintenance agency for the authoritative list of relevant IGO names and abbreviations protected under Article 6ter of the Paris Convention (http://www.wipo.int/article6ter/en/ ). The GNSO Council requests that the staff produce an issues report on the policy issues associated with adequately handling disputes relating to IGO names and abbreviations as domain names. The GNSO Council also requests that the staff liaise with WIPO to utilize its knowledge and experience of WIPO-2. The motion passed by nominated vote: in favour: Philip Sheppard, Mike Rodenbaugh, Alistair Dixon, Kristina Rosette, Tony Holmes, Greg Ruth - 1 vote each Bruce Tonkin, Ross Rader - 2 votes each Total 10 votes in favour - (8 Council members voted in favour) against the motion Edmon Chung, Chuck Gomes - 2 votes each Avri Doria, Sophia Bekele, Robin Gross, Norbert Klein, - 1 vote each Total 8 votes against - (6 Council members voted against the motion) Tom Keller - one abstention (counting for 2 votes ) No votes from the following people who were absent: Ute Decker, Kiyoshi Tsuru, Tony Harris, Mawaki Chango, Cary Karp, Jon Bing. In total, 15 Council members voted, accounting for 20 votes Decision 3: Whereas the GNSO Council requested at its meeting on 12 April 2006 that the Intellectual Property Interests constituency following consultations make a recommendation to the GNSO Council as to whether or not a policy development process is required. Whereas, the GNSO Council recognizes the recommendation put forward by the IPC Constituency regarding possible measures in line with WIPO-2 to protect International Intergovernmental Organizations (IGO) names and abbreviations as domain names. Whereas, the GNSO Council notes that measures to protect IGO names and abbreviations are requested in the GAC principles for New gTLDs. Whereas, the GNSO Council notes that WIPO is the maintenance agency for the authoritative list of relevant IGO names and abbreviations protected under Article 6ter of the Paris Convention (http://www.wipo.int/article6ter/en/ ). The GNSO Council requests that the staff produce an issues report on the policy issues associated with adequately handling disputes relating to IGO names and abbreviations as domain names. The GNSO Council also requests that the staff liaise with WIPO to utilize its knowledge and experience of WIPO-2. Item 6: ALAC request for an issues report on domain tasting - note request under clause 1(c) of the GNSO Policy Development Process - proposal to schedule consideration of the issues report at the San Juan meeting of the GNSO Council, and get input from the constituencies during the meeting (under clause 3(b) of the PDP) Council acknowledged receipt of the request from ALAC for an issues report and it was proposed that the completed Issues Report would be posted on the website so that there could be additional feedback from community and the constituencies. It was generally agreed to table the report until the Council meeting in San Juan, and possibly have Staff present it at the GNSO public forum. Item 7: Consideration of the Task Force Report: Policies for Contractual Conditions - Existing Registries - PDP-Feb 06 ( See: http://www.gnso.icann.org/issues/gtld-policies/pdp-report-feb06-tfr-20Apr07....) Item 7: Consideration of the Task Force Report: Policies for Contractual Conditions - Existing Registries - PDP-Feb 06 ( See: http://www.gnso.icann.org/issues/gtld-policies/pdp-report-feb06-tfr-20Apr07....) It was generally agreed that staff would comment on the implementation issues arising from the major recommendations in the Final Report PDPFeb06 and these would be further discussed with the community during the meetings in San Juan. Bruce Tonkin formally closed the meeting and thanked everyone for their participation. The meeting ended: 13:10 UTC Next GNSO Council meeting will be on 7 June 2007 at 12:00 UTC. see: Calendar Summary of Work Items arising from the minutes: 1. Arising from item 4, the GNSO Secretariat to launch the election process for GNSO Council vice chair when the current GNSO Chair elections were resolved. 2. Arising from item 5, a. The GNSO Council requests that the staff produce an issues report on the policy issues associated with adequately handling disputes relating to IGO names and abbreviations as domain names. b. The GNSO Council also requests that the staff liaise with WIPO to utilize its knowledge and experience of WIPO-2. 3 Arising from item 7, Staff comments on the major recommendations in the Task Force Report: Policies for Contractual Conditions - Existing Registries - PDP-Feb 06 -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org