Dear Councillors, Please find the proposed agenda for the GNSO Council teleconference on 24 September 2015 at 18:00 UTC. The agenda is also posted on the Wiki at: https://community.icann.org/display/gnsocouncilmeetings/Agenda+24+September+... As is the motion at: https://community.icann.org/display/gnsocouncilmeetings/Motions+24+September... and on the website at: http://gnso.icann.org/en/meetings/agenda-council-24sep15-en.htm This agenda was established according to the GNSO Council Operating Procedures,<http://gnso.icann.org/en/council/op-procedures-24jun15-en.pdf> approved and updated on 24 June 2015. 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: 18:00 UTC http://tinyurl.com/nujcmrc 11:00 Los Angeles; 14:00 Washington; 19:00 London; 21:00 Istanbul; 02:00 Perth GNSO Council Meeting Audio Cast To join the event click on the link: http://stream.icann.org:8000/gnso.m3u Councilors should notify the GNSO Secretariat in advance if a dial out call is needed. ___________________________________________ Item 1: Administrative matters (5 minutes) 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 meeting per the GNSO Operating Procedures: Minutes of the GNSO Council meeting of 3 September 2015 will be posted as approved on 26 September 2015. Item 2: Opening Remarks / Review of Projects & Action List (10 minutes) 2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List<http://gnso.icann.org/meetings/projects-list.pdf> and Action List<https://community.icann.org/display/gnsocouncilmeetings/Action+Items> Item 3: Consent agenda (10 minutes) 3.1 - Approve addition to the GNSO Operating Procedures of a proposed process for the selection of Board seat #13 by the Contracted Parties House (per current rules in the Operating Procedures concerning the selection of Board seats by each House) 3.2 - Approve transmission of Recommendations Report<https://community.icann.org/download/attachments/53779599/Final%20Report%20Final%20(with%20links%20working).pdf> to ICANN Board following public comments<https://www.icann.org/public-comments/transliteration-contact-recommendations-2015-06-29-en> on the Council's recommendation that the Board adopt the Final Report<http://gnso.icann.org/en/issues/gtlds/translation-transliteration-contact-final-12jun15-en.pdf> from the Translation & Transliteration of gTLD Data Working Group Item 4: MOTION - Public Comment Period for New gTLDs Subsequent Procedures Preliminary Issue Report (15 minutes) At its July 2015 meeting, the GNSO Council approved the staff request<http://gnso.icann.org/mailing-lists/archives/council/msg17350.html> for an extension of the deadline for publication of the Preliminary Issue Report on New gTLDs Subsequent Procedures. At its 3 September 2015 meeting, the Council discussed the possibility of an extended public comment period and here the Council will vote on a motion to make a formal council request to extend the public comment period. 4.1 - Present the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+24+September+2015> (David Cake) 4.2 - Council discussion 4.3 - Vote Item 5: UPDATE & DISCUSSION - Progress on the Development and Implementation of a Global Public Interest Framework bounded by ICANN's Mission (15 minutes) In line with the recommendations from the Strategy Panel on the Public Responsibility Framework, one of ICANN's five core strategic objectives for Financial Years 2016-2020 is to develop a public interest framework for promoting the global public interest in the coordination of the Internet's unique identifier systems, within the remit of ICANN's mission. The framework is intended to clarify ICANN's roles, objectives and milestones in promoting the public interest through capacity building and increasing the base of internationally diverse, knowledgeable, and engaged ICANN stakeholders. Here Nora Abusitta, Vice President of ICANN's Development and Public Responsibility Department, will discuss with the Council the Department's progress in developing the planned framework. This session is particularly timely given the Council's discussion at its last meeting of the relevance of public interest considerations in its work for subsequent rounds of the New gTLD Program on the issue of exclusive registry access for generic strings. 5.1 - Update (Nora Abusitta) 5.2 - Discussion/Q&A 5.3 - Next steps Item 6: UPDATE & DISCUSSION - Discussion Paper on New gTLD Auction Proceeds (20 minutes) On 8 September 2015 ICANN published<https://www.icann.org/public-comments/new-gtld-auction-proceeds-2015-09-08-en> for public comment, a Discussion Paper on the proceeds from ICANN-conducted auctions for contested new generic Top-Level Domain (gTLD) strings. The Paper calls for broad, open and inclusive public comment and encourages participation from all sectors, regions and levels (or no level) of engagement with the ICANN community. Several Councilors have raised questions about the scope and timing of the Paper on the Council mailing list. Here the Council will receive an overview of the contents of the Paper as well as expected next steps, and discuss any possible Council or GNSO action in response, including the possibility of requesting an extension to the public comment period (currently scheduled to close on 18 October 2015). 6.1 - Presentation (Marika Konings) 6.2 - Council discussion 6.3 - Next steps Item 7: COUNCIL DISCUSSION - Final Report of the Independent Examiner on GNSO Review (20 minutes) As part of ICANN's Bylaws-mandated periodic review of its structures, the ICANN Board's Structural Improvements Committee appointed Westlake Governance as the independent examiner to conduct the current review of the performance and operations of the GNSO. A GNSO Working Party, chaired by former Councillor Jennifer Wolfe and comprising representatives of all the GNSO's Stakeholder Groups and Constituencies, was formed to consult with Westlake over the design and conduct of the review. Westlake's Draft Report was published<https://www.icann.org/public-comments/gnso-review-draft-2015-06-01-en> for public comment on 1 June 2015 (closing on 31 July). Following feedback received, including from the GNSO Working Party, Westlake is expected to publish its Final Report<https://www.icann.org/en/system/files/files/gnso-review-final-15sep15-en.pdf> in mid-September. Here the Council will receive an overview of the main recommendations made by Westlake in its Final Report, and discuss the possible implementation of some or all of these recommendations. 7.1 - Presentation (Jennifer Wolfe) 7.2 - Council discussion 7.3 - Next steps Item 8: UPDATE & DISCUSSION - Cross Community Working Group on Enhancing ICANN Accountability (20 minutes) In the course of discussions over the IANA stewardship transition, the community had raised concerns about ICANN's accountability, given ICANN's historical contractual relationship with the United States government. The community discussions indicated that existing ICANN accountability mechanisms do not yet meet some stakeholders' expectations. Considering that the US Government (through the NTIA) has stressed that it expects community consensus on the transition, this gap between the current situation and stakeholder expectations needed to be addressed. This resulted in the creation<http://gnso.icann.org/en/drafts/enhancing-accountability-charter-03nov14-en.pdf> of a Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability<https://community.icann.org/x/ogDxAg>) of which the GNSO is a chartering organization. On 3 August, the CCWG-Accountability published<https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en> its Second Draft Proposal for public comment. This second proposal included significant changes made by the CCWG to its initial proposal, focusing on outstanding issues, further details on Work Stream 1 and revisions arising from feedback received in the first public comment consultation period. The public comment period closed on 12 September. Here the Council will receive an update on the work of the CCWG, in view of the public comments received, and discuss any specific issues that need to be addressed in view of the timeline of the CCWG and the connection between its work and the IANA stewardship transition. 8.1 - Update (Thomas Rickert) 8.2 - Council discussion 8.3 - Next steps Item 9: COUNCIL DISCUSSION - New ICANN Meeting Strategy (10 minutes) On 14 July 2015 the GNSO Chair had sent a letter<http://gnso.icann.org/en/correspondence/robinson-to-crocker-14jul15-en.pdf> to the ICANN Board, informing them of the GNSO's progress in developing and adapting community plans to conform to the new ICANN meeting strategy, particularly in relation to the new format for Meeting B. The GNSO's current draft plan<http://gnso.icann.org/en/drafts/gnso-council-proposal-new-meeting-strategy-29apr15-en.pdf> has also been shared with other ICANN Supporting Organizations and Advisory Committees, each of which have also begun planning for the new meeting strategy within their communities. Here the Council will discuss any additional actions it may wish to take to ensure that its planning is coordinated with that of the Board's as well as the other SOs and ACs. 9.1 - Update (Volker Greimann / Marika Konings) 9.2 - Council discussion 9.3 - Next steps Item 10: Any Other Business (5 minutes) ___________________________________________ Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X, Section 3) 9. Except as otherwise specified in these Bylaws, Annex A 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: a. Create an Issues Report: requires an affirmative vote of more than one-fourth (1/4) vote of each House or majority of one House. b. Initiate a Policy Development Process ("PDP") Within Scope (as described in Annex A<http://www.icann.org/en/about/governance/bylaws#AnnexA>): requires an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House. c. Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO Supermajority. d. 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. e. Approve a PDP Team Charter for a PDP Not Within Scope: requires an affirmative vote of a GNSO Supermajority. f. Changes to an Approved PDP Team Charter: For any PDP Team Charter approved under d. or e. above, the GNSO Council may approve an amendment to the Charter through a simple majority vote of each House. g. 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. h. 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. i. Approve a PDP Recommendation With a GNSO Supermajority: requires an affirmative vote of a GNSO Supermajority, j. 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. k. Modification of Approved PDP Recommendation: Prior to Final Approval by the ICANN Board, an Approved PDP Recommendation may be modified or amended by the GNSO Council with a GNSO Supermajority vote. l. A "GNSO Supermajority" shall mean: (a) two-thirds (2/3) of the Council members of each House, or (b) three-fourths (3/4) of one House and a majority of the other House." Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures 4.4<http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>) 4.4.1 Applicability Absentee voting is permitted for the following limited number of Council motions or measures. a. Initiate a Policy Development Process (PDP); b. Approve a PDP recommendation; c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN Bylaws; d. Fill a Council position open for election. 4.4.2 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. 4.4.3 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. 4.4.4 Absentee balloting does not affect quorum requirements. (There must be a quorum for the meeting in which the vote is initiated.) 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