[To council[at]gnso.icann.org] Dear Council Members, Please find the draft minutes of the GNSO Council meeting held on 18 May 2006. Please let me know what changes you would like made. Thank you very much. Kind regards, Glen ............................................................................ 18 May 2006 Proposed agenda and related documents List of attendees: Philip Sheppard - Commercial & Business Users C. Marilyn Cade - Commercial & Business Users C. Grant Forsyth - Commercial & Business Users C Greg Ruth - ISCPC Antonio Harris - ISCPC Tony Holmes - ISCPC Thomas Keller- Registrars Ross Rader - Registrars Bruce Tonkin - Registrars Ken Stubbs - gTLD registries June Seo - gTLD registries Cary Karp - gTLD registries Lucy Nichols - Intellectual Property Interests C Ute Decker - Intellectual Property Interests C - absent - apologies Kiyoshi Tsuru - Intellectual Property Interests C. Robin Gross - NCUC. - absent - apologies Norbert Klein - NCUC. Mawaki Chango - NCUC - absent - apologies Sophia Bekele - Nominating Committee appointee Maureen Cubberley - Nominating Committee appointee Avri Doria - Nominating Committee appointee 18 Council Members ICANN Staff Olof Nordling - Manager, Policy Development Coordination Liz Williams - Senior Policy Counselor Glen de Saint Géry - GNSO Secretariat GNSO Council Liaisons Suzanne Sene - GAC Liaison - absent - apologies Bret Fausett - ALAC Liaison - absent Quorum present at 14:07 UTC. MP3 Recording Bruce Tonkin chaired this teleconference. Approval of agenda Item 1: Approval of the GNSO Council minutes of 14 March 2006 and 12 April 2006 Ken Stubbs, seconded by Maureen Cubberley, moved the adoption of both minutes. Motion approved. Decision 1: The GNSO Council minutes of 14 March 2006 and 12 April 2006 were adopted. Item 2: Update any statements of interest No update on any statements of interest was noted Item 3: WHOIS task force membership Proposed motion 1: The GNSO Council appoints Jordyn Buchanan as a non-voting outside adviser to the WHOIS Task force under Annex A, Section 5(a) of the ICANN bylaws. Jordyn is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force. A change in Jordyn Buchanan's employment required the GNSO Council to formally approve a motion appointing him to the WHOIS task force. Bruce Tonkin seconded by Lucy Nichols and Ken Stubbs proposed: The GNSO Council appoints Jordyn Buchanan as a non-voting outside adviser to the WHOIS Task force under Annex A, Section 5(a) of the ICANN force and is able to act in the role of chair if so elected by the task force. Council, by voice vote, unanimously accepted the motion. Decision 2: The GNSO Council appoints Jordyn Buchanan as a non-voting outside adviser to the WHOIS Task force under Annex A, Section 5(a) of the ICANN force and is able to act in the role of chair if so elected by the task force. Proposed motion 2: "The GNSO Council appoints Avri Doria as a voting outside adviser to the WHOIS task force under Annex A, Section 5(a) of the ICANN bylaws. Avri is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force. The motion differed from the proposed motion 1 above as it deals with the appointment of a Council member appointed by the nominating committee. Previously, Amadeu Abril l Abril, a Nominating Committee appointee to the Council was appointed as an outsider to the WHOIS task force 2. Following a Council resolution, the Feb06 task force was created and 3 Nominating Committee appointees were appointed, one being elected as the task force Chair. Since the formation of the current WHOIS task force, Avri Doria has been appointed by the Nominating Committee to the GNSO Council and has expressed interest in joining the WHOIS task force. Marilyn Cade wished to consider the resolution without prejudice to the conclusion of the work on the GNSO Rules of Procedure. Bruce Tonkin referred to the old Names Council Rules of Procedure "10.10 Voting From time to time progress will be advanced by holding straw polls to determine the majority view. A motion to approve a draft proposal or report (or any section thereof) may be made by any member of the Working Group. Once seconded and approved by the WG Chair, such motion shall be put to a vote of the Working Group members. In such an event, the WG Chair shall poll the Working Group members. Motions that receive a majority of votes cast shall be deemed approved. Consensus. Because of the diverse nature of open working groups the results of any vote will be taken solely to assist with progress within the group. A majority vote of a working group should be described as a majority vote of a working group. No claim to DNSO stakeholder consensus should be attributed to such a vote." Bruce Tonkin, seconded by Maureen Cubberley, proposed: The GNSO Council appoints Avri Doria as a voting outside adviser to the WHOIS task force under Annex A, Section 5(a) of the ICANN bylaws. Avri is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force. Council voted to accept the motion. One abstention from Avri Doria. Decision 3: The GNSO Council appoints Avri Doria as a voting outside adviser to the WHOIS task force under Annex A, Section 5(a) of the ICANN bylaws. Avri is able to participate fully as a member of the task force and is able to act in the role of chair if so elected by the task force. Item 4: Update on WHOIS task force activities Olof Nordling reported that the two motions above were indirectly the result of progress in the task force. There were three remaining terms of reference to be completed: 2) Define the purpose of the Registered Name Holder, technical, and administrative contacts, in the context of the purpose of WHOIS, and the purpose for which the data was collected. Use the relevant definitions from Exhibit C of the Transfers Task force report as a starting point (3) Determine what data collected should be available for public access in the context of the purpose of WHOIS. Determine how to access data that is not available for public access. (4) Determine how to improve the process for notifying a registrar of inaccurate WHOIS data, and the process for investigating and correcting inaccurate data. The task force agreed to use formulation 1 The GNSO Council recommends that the WHOIS task force use the following definition: "The purpose of the gTLD Whois service is to provide information sufficient to contact a responsible party for a particular gTLD domain name who can resolve, or reliably pass on data to a party who can resolve, issues related to the configuration of the records associated with the domain name within a DNS nameserver." as a working definition to allow the task force to proceed on terms of reference (2), (3), and (4) (see: http://gnso.icann.org/policies/terms-of-reference.html ) for mapping the purpose of the data elements, and that input could be drawn from a proposal called Operational Point of Contact (oPOC). Some activity on the mailing list has focused on how to map the appropriateness of the data elements in the further work. Item 4: IDN issues report - agree next steps - e.g relating to the formation of a working group to review the issues and develop a terms of reference for a new PDP Olof Nordling reported that the current Issues Report was a combination of brainstorming sessions, reports in Wellington, and the Staff discussion paper. Bruce Tonkin recommended that the GNSO form its own internal working group to determine the GNSO view of the IDN issues report, and then have three representatives from the GNSO working group meet with the three representatives from the ccNSO to coordinate a shared vision of the priority issues to address and identify the next steps (e.g whether to work on a single PDP, or conduct the work as two separate PDPs). The GNSO working group would report back to the GNSO Council for approving any recommendation for a PDP process. The timeline of the process would be for the internal GNSO working group to meet in June 2006 to discuss the issues report, and then arrange a meeting with the three ccNSO reps in Marrakech with the objective of having recommendations for the GNSO and ccNSO Councils in July 2006. Once the recommendations are made to the Councils, the working group would be disbanded. Bruce Tonkin, seconded by Sophia Bekele, proposed a motion: That the GNSO Council forms a GNSO working group of volunteers, conversant with the IDN issues raised in the IDN issues report. The purpose of the working group would be to: (1) review the Issues Report, (2) prioritise the policy issues in the Issues Report for further work, (3) develop the terms of reference for an initial policy development process in the area of IDNs within the GNSO, (4) propose ways of interacting with ICANN groups such as the President's Advisory Committee on IDNs, the GAC, ALAC, SSAC and other related groups in ICANN, and (5) select three representatives to interact with the three ccNSO representatives to form a separate joint GNSO/ccNSO working group to: (5.1) agree on the priority issues and determine whether to examine the issues as a single "joint" PDP, or as two separate PDPs (5.2) provide a report to the GNSO and ccNSO Councils with recommendations for terms of reference of one or more PDPs, and the mechanisms for coordination with other parts of ICANN The group would aim to have recommendations completed by the end of July 2006. The motion passed unanimously by voice vote. Decision 4: That the GNSO Council forms a GNSO working group of volunteers, conversant with the IDN issues raised in the IDN issues report. The purpose of the working group would be to: (1) review the Issues Report, (2) prioritise the policy issues in the Issues Report for further work, (3) develop the terms of reference for an initial policy development process in the area of IDNs within the GNSO, (4) propose ways of interacting with ICANN groups such as the President's Advisory Committee on IDNs, the GAC, ALAC, SSAC and other related groups in ICANN, and (5) select three representatives to interact with the three ccNSO representatives to form a separate joint GNSO/ccNSO working group to: (5.1) agree on the priority issues and determine whether to examine the issues as a single "joint" PDP, or as two separate PDPs (5.2) provide a report to the GNSO and ccNSO Councils with recommendations for terms of reference of one or more PDPs, and the mechanisms for coordination with other parts of ICANN The group would aim to have recommendations completed by the end of July 2006. Item 5: Update on PDP-Feb06 - Contractual conditions for existing gTLDs Dr Liz Williams reported that there would be a Preliminary task force report on PDP-Feb06 - Contractual conditions for existing gTLDs released a week before the proposed task force meeting on 6 June 2006. The further outstanding item would be allocating time working time at the Marrakesh meeting in June 2006. Item 6: Update on PDP-Dec05 - new gTLDs Dr Liz Williams reported that the input received during the Brussels meeting would be incorporated into the next version of the Initial Report which is intended to be distributed prior to the Marrakesh meeting and a new gTLDs committee meeting on 15 June 2006. The report would provide a briefing document for the GAC, the ICANN Board and the ccNSO. It was agreed that as the work progressed, common issues in the two current policy development processes, Dec05 and Feb06, would be determined, input on the two PDPs combined in an effort to reach consistent recommendations. Item 7: Update on GNSO meeting procedures Dr. Liz Williams reported that a working group, consisting of Philip Sheppard, Kiyoshi Tsuru and Dan Halloran were drafting the Meeting Procedures. Item 8: Update on GNSO review Dr Liz Williams reported that at the June Council meeting there would be more definition on the draft report and the intention was to schedule a 2 hour open briefing session in Marrakesh for the Council and the constituencies to discuss the report. The ICANN Board, as recipients of the report, would have a separate session with the GNSO Review team. Item 9: Update on planning for Morocco meeting - hotel arrangements, use of weekend prior to the meeting. Bruce Tonkin suggested that Constituency day consist of more joint meetings among the constituencies on common topics such as the GNSO Review where the ICANN Board could be involved. Marilyn Cade suggested that the GNSO Public Forum should focus on the PDP Feb05 in a way that the ICANN Board and GAC members could be encouraged to participate in the audience. It was agreed that the program committee, Marilyn Cade, Ken Stubbs, Bruce Tonkin and Glen, would convey the Council wishes to Diane Schroeder. Philip Sheppard, a candidate for ICANN Board seat number 14, left the call at 14:00 UTC. Item 10: Process and timing of next steps for the GNSO election. Bruce Tonkin reminded Council that the ICANN bylaws state: Article lV BOARD OF DIRECTORS Section 4. ADDITIONAL QUALIFICATIONS 2. No person who serves in any capacity (including as a liaison) on any Supporting Organization Council shall simultaneously serve as a Director or liaison to the Board. If such a person accepts a nomination to be considered for selection by the Supporting Organization Council to be a Director, the person shall not, following such nomination, participate in any discussion of, or vote by, the Supporting Organization Council relating to the selection of Directors by the Council, until the Council has selected the full complement of Directors it is responsible for selecting. In the event that a person serving in any capacity on a Supporting Organization Council accepts a nomination to be considered for selection as a Director, the constituency group or other group or entity that selected the person may select a replacement for purposes of the Council's selection process. The Commercial and Business Users constituency would replace Philip Sheppard temporarily on the GNSO Council and he would be removed from the Council mailing list. It was agreed that the candidates would be interviewed by Council, the Executive Committees of the constituencies and the ALAC and GAC liaisons. Since there were 3 candidates standing for the ICANN Board seat number 14, Council agreed to proceed with an electronic ballot vote. Council would be notified of the Election Procedures to be followed. Bruce Tonkin thanked the Council members for their participation. The meeting ended: 14:10 UTC. Next GNSO Council teleconference 8 June 2006 at 12:00 UTC see: Calendar -- Glen de Saint Géry GNSO Secretariat - ICANN gnso.secretariat[at]gnso.icann.org http://gnso.icann.org