Dear all, Please below find the final proposed agenda for the GNSO Council Meetings part I and part II on 24 October 2018 at 11:00 UTC. Final GNSO Council Agenda 24 October 2018 - 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/HxlpBQ> https://community.icann.org/x/wRVpBQ This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/en/council/op-procedures-30jan18-en.pdf> v3.3, updated on 30 January 2018 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: 11:00 UTC: https://tinyurl.com/y9663p2o 04:00 Los Angeles; 07:00 Washington; 10:00 London; 16:00 Islamabad; 20:00 Tokyo; 22:00 Hobart GNSO Council Meeting remote participation details: https://63.schedule.icann.org/meetings/901654 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-16aug18-en.pdf> of the GNSO Council meeting on the 26 August 2018 were posted on the 03 September 2018 Minutes<https://gnso.icann.org/sites/default/files/file/field-file-attach/minutes-council-27sep18-en.pdf> of the GNSO Council meeting on the 25 September 2018 were posted on the 13 October 2018 Item 2. Opening Remarks / Review of Projects & Action List (15 minutes) 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 (5 minutes) * Reconfirmation of Julf Helsingius as GNSO Council Liaison to the Governmental Advisory Committee (motion<https://community.icann.org/x/yBVpBQ>) * Recommendations Report<https://gnso.icann.org/sites/default/files/file/field-file-attach/reconvened-red-cross-recommendations-14oct18-en.pdf> to the ICANN Board regarding adoption of the Final Report from the Reconvened Working Group on Red Cross Names Policy Development Process (PDP) Working Group. Item 4: COUNCIL VOTE – Confirmation of Standing Committee on ICANN’s Budget and Operations Charter (10 minutes) Standing Committee on ICANN’s Budget and Operations Charter (SCBO) has operated under an interim charter since its adoption on 21 December 2017. In FY18 under this interim charter, the SCBO developed four public comments (IANA-PTI FY19 Budget, ICANN's Reserve Fund Target Level, ICANN's Draft FY19 Budget and Operating Plan, & ICANN Reserve Fund: Proposed Replenishment Strategy) on behalf of the GNSO Council that were later accepted and posted to ICANN's public forum On 17 September 2018, the SCBO delivered an After Action Report on the SCBO experiences and lessons learned where the report suggested that the SCBO charter did not warrant any change and that the SCBO become a permanent standing committee of the GNSO Council Here, the Council will vote to adopt the charter of the SCBO on a permanent basis. 4.1 – Presentation of motion<https://community.icann.org/x/yBVpBQ> (Ayden Férdeline) 4.2 – Council discussion 4.3 – Council vote (voting threshold: simple majority) Taking this action is within the GNSO’s remit, in respect of the financial impact on the GNSO’s responsibility “for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws.” Item 5: COUNCIL VOTE – GNSO Policy Development Process 3.0 (20 minutes) In January 2018, the GNSO Council held an inaugural three-day Strategic Planning Session. On Day 3 of this meeting, the GNSO Council reviewed the workload for the year ahead and identified potential milestones, noting that the current average timeline for delivery of an Initial Report has increased at least 2-4 times compared to previous PDPs. In addition to noting the increased duration of the PDP lifecycle, the Council began to identify challenges being encountered in PDPs, informed by a staff discussion paper on optimizing increased engagement and participation while ensuring efficient and effective policy development. The effort to increase the effectiveness and efficiency of the GNSO PDP process is called GNSO PDP 3.0. On 11 May 2018, a summary paper was shared with the Council, summarizing input received to date, as well as some proposed incremental improvements. The Council members and their respective Stakeholder Groups and Constituencies were invited to provide input, after which a summary report<https://gnso.icann.org/en/drafts/pdp-summary-feedback-10sep18-en.pdf> was prepared and shared with the Council on 10 September 2018, followed by a dedicated webinar<https://participate.icann.org/p1s5rcio69b/> on 11 September 2018. Based on the input received as well as the subsequent webinar, Council leadership developed a proposed GNSO Policy Development Process 3.0 How to increase the effectiveness and efficiency of the GNSO Policy Development Process <https://gnso.icann.org/sites/default/files/file/field-file-attach/pdp-increase-effectiveness-efficiency-16oct18-en.pdf> document for Council consideration. The GNSO Council and broader community will have reviewed and discussed the GNSO PDP 3.0 Implementation Plan during the GNSO Weekend Session at ICANN63. Here, the Council will vote to adopt the GNSO PDP 3.0 Implementation Plan. 5.1 – Presentation of motion<https://community.icann.org/x/yBVpBQ> (TBD) 5.2 – Council discussion 5.3 – Council vote (voting threshold: simple majority) Taking this action is within the GNSO’s remit, in the GNSO’s pursuit to improve on its responsibility “for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws.” Item 6: COUNCIL VOTE – Termination of the Next-Generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process (15 minutes) On 19 November 2015, the GNSO Council adopted the charter<https://community.icann.org/x/E4xlAw> for the next-generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process Working group. Following ICANN61 (March 2018), the RDS PDP Leadership decided to put on hold WG meetings indefinitely. This decision was made in light of the uncertain status of GDPR-related work and the possible duplication of efforts as a result of the adoption by the ICANN Board of the Temporary Specification for gTLD Registration Data. Following the initiation by the GNSO Council of the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration data, Stephanie Perrin in her role as the GNSO Council Liaison to the RDS PDP WG, submitted the required Termination Summary on 17 July 2018 to recommend to the GNSO Council that the RDS PDP WG be terminated as per section 15 of the PDP Manual. Here, the Council will vote to terminate the Next-Generation gTLD Registration Directory Service (RDS) to replace WHOIS Policy Development Process. 6.1 – Presentation of motion<https://community.icann.org/x/yBVpBQ> (Stephanie Perrin) 6.2 – Council discussion 6.3 – Council vote (voting threshold: Supermajority) Taking this action is within the GNSO’s remit as indicated in section 11.3.i.vii of the ICANN Bylaws, where the Council may “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.” Item 7: COUNCIL VOTE – IGO-INGO Access to Curative Rights Protection Mechanisms (15 minutes) The IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG had worked to resolve a final recommendation relating to IGO jurisdictional immunity and registrants’ rights to file court proceedings. The WG has determined consensus on a set of options for this final recommendation, as well as for all other recommendations. The WG Chair proposed his determination of consensus levels for all recommendations, which the WG affirmed. On 27 June 2018, the GNSO Council passed a resolution<https://gnso.icann.org/en/council/resolutions#201806>, thanking the PDP WG for its efforts and requesting that it submit its Final Report in time for the 19 July 2018 Council meeting. After having agreed on consensus levels for its final recommendations, the WG considered the text of its Final Report. On 9 July 2018, the PDP WG submitted its Final Report<https://gnso.icann.org/en/issues/igo-ingo-crp-access-final-17jul18-en.pdf> to the GNSO Council for its consideration, which contains five consensus recommendations and three minority statements, documenting their disagreement either with one or more of the final recommendations or other parts of the Final Report. There remain several inconsistencies between GAC advice and consensus recommendations from the IGO-INGO PDP WG, which have yet to be reconciled, including on the topic of appropriate protections for IGO acronyms (both preventative and curative). During its 19 July Council meeting, the Council resolved<https://gnso.icann.org/en/council/resolutions#201807> to accept the Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group and has begun considering the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers. On 9 October 2018, the Council held a question and answer webinar to review the recommendations and to ask itself a series of questions, 1) Does the Council believe that the PDP has addressed the issues that it was chartered to address (i.e. What questions/topics was the Working Group chartered to consider, did it consider those charter topics/questions, and did it do so in a legitimate way)?; 2) Has the PDP followed due process?; and 3) Did the PDP Working Group address GAC advice on the topic? Here, the Council will vote on to accept to recommendation and Final Report of the IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG. 7.1 – Presentation of motion<https://community.icann.org/x/yBVpBQ> (TBD) 7.2 – Council discussion 7.2.1: Does the Council believe that the PDP has addressed the issues that it was chartered to address (i.e. What questions/topics was the Working Group chartered to consider, did it consider those charter topics/questions, and did it do so in a legitimate way)? 7.2.2: Has the PDP followed due process? 7.2.3: Did the PDP Working Group address GAC advice on the topic? 7.3 – Council vote (voting threshold: approval of PDP recommendations imposing contractual obligations on Contracted Parties: Supermajority; approval of other PDP recommendations: 50% of each House plus 1 Councilor from 3 out of 4 Stakeholder Groups in favor) Taking this action is within the GNSO’s remit as indicated in section 11.1 of the ICANN Bylaws, where it states that the GNSO is “responsible for developing and recommending to the Board substantive policies relating to generic top-level domains and other responsibilities of the GNSO as set forth in these Bylaws.” Item 8: COUNCIL UPDATE – Temporary Specification for Registration Data Expedited Policy Development Process - Recurring Update (15 minutes) On 19 July 2018, the GNSO Council resolved<https://gnso.icann.org/en/council/resolutions#20180719-2> to initiate the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data and adopt the EPDP Team Charter<https://gnso.icann.org/sites/default/files/file/field-file-attach/temp-spec-gtld-rd-epdp-19jul18-en.pdf>. Given the challenging timeline for the EPDP and the GNSO Council’s role in managing the PDP process, the Council has agreed that including a recurring update on the EPDP for each Council meeting is prudent. Here, the Council will receive an update from the GNSO Council liaison to the EPDP. 8.1 – Update (Rafik Dammak, GNSO Council liaison to the EPDP and EPDP vice-chair) 8.2 – Council discussion 8.3 – Next steps Item 9: ANY OTHER BUSINESS (10 minutes) 9.1 - 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/sites/default/files/file/field-file-attach/op-procedu... References for Coordinated Universal Time of 11:00 UTC Local time between March and October Summer in the NORTHERN hemisphere ---------------------------------------------------------------------------- California, USA (PDT) UTC-7 04:00 San José, Costa Rica (CST) UTC-6 05:00 New York/Washington DC, USA (EDT) UTC-4 07:00 Buenos Aires, Argentina (ART) UTC-3 08:00 Rio de Janeiro, Brazil (BRST) UTC-3 08:00 London, United Kingdom (GMT) UTC+1 12:00 Kinshasa, Democratic Republic of Congo (WAT) UTC+1 12:00 Paris, France (CEST) UTC+2 13:00 Islamabad, Pakistan (PKT) UTC+5 16:00 Singapore (SGT) UTC+8 19:00 Tokyo, Japan (JST) UTC+9 20:00 Sydney/Hobart, Australia (AEST) UTC+10 22:00 ---------------------------------------------------------------------------- DST starts/ends on Sunday 28 of October 2018, 2:00 or 3:00 local time (with exceptions) for EU countries and on Sunday 4 of November 2018 for the US. ---------------------------------------------------------------------- For other places see http://www.timeanddate.com<http://www.timeanddate.com/> and https://tinyurl.com/y82s88vu<https://tinyurl.com/y9663p2o> Final GNSO Council Agenda 24 October 2018 - Part II (Admin) 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://gnso.icann.org/en/council/op-procedures-30jan18-en.pdf> v3.3, updated on 30 January 2018 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: 13:15 UTC: https://tinyurl.com/ycvf33wr GNSO Council Meeting Audio Cast GNSO Council Meeting remote participation details: https://63.schedule.icann.org/meetings/901655 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 2018 / 2019 Council (20 mins) 1.1 - Roll Call 1.2 - Statements of Interest Maxim Alzoba - SOI<https://community.icann.org/display/gnsosoi/Maxim+Alzoba+SOI> Registries Stakeholder Group Elsa Saade - SOI<https://community.icann.org/display/gnsosoi/Elsa+Saade+SOI> Non-Commercial Stakeholder Group Flip Petillion: SOI<https://community.icann.org/display/gnsosoi/Flip+Petillion+SOI> Intellectual Property Constituency Scott McCormick: SOI<https://community.icann.org/x/fA28BQ> Commercial and Business Users Constituency 1.3 - Review / Amend Agenda Item 2. Election of the Chair (30 mins) Two nomination were received for this position, Rafik Dammak from the Non-Contracted Parties House and Keith Drazek from the Contract Parties House. The GNSO reviewed the candidate statements<https://gnso.icann.org/en/council/elections> and held a question & answer session with both candidates on 21 October 2018. Here the GNSO Council will proceed to hold the election for its Chair for 2019-2020, 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 - GNSO Empowered Community Roles and Responsibilities – GNSO Operating Procedures Templates and Guideline Development Following the adoption by the GNSO Council of the revised GNSO Operating Procedures, as well as the proposed modifications to the ICANN Bylaws adopted by the ICANN Board of Directors on 13 May 2018, staff has outlined in a table the additional proposed steps to be taken to ensure preparedness as well as facilitate the ability for the GNSO Council to act in relation to the new roles and responsibilities outlined in the post-transition Bylaws. The GNSO Council is requested to review the proposed next steps and to provide feedback whether it is supportive of these proposed next steps or whether modifications should be considered. In regards to the proposed next steps in the table, staff has developed first drafts of templates and possible guidelines for the Council’s consideration, but the Council could also consider setting up a dedicated committee / drafting team to take on this task and/or collaborate with staff, noting that any proposed templates and/or guidelines would still need to come back to the GNSO Council for approval. Here, the Council will discuss next steps and an action plan. 3.1 – Update (TBD) 3.2 – Council discussion 3.3 – Next steps Item 43. Any Other Business (010 min) None Appendix 1: Excerpt from GNSO Operating Procedures (Section 2.2) 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. a. 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. b. 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. c. 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.” d. 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.” e. 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. 1. Each house shall select a Council Vice-Chair from within its respective house. 2. A Chair may not be a member of the same Stakeholder Group of either of the Vice-Chairs. 3. The Chair and Vice-Chairs shall retain their votes (if any) in their respective houses (if any). 4. 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. 5. 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.