Dear Councillors, Please find the updated proposed Agenda for the GNSO Council Public Meeting Part 1 on 21 October 2015 at 13:00 IST (12:00 UTC) The updates consist of Items 6 & 12 being added to the agenda, namely: Item 6: LATE MOTION - Process and Participation in CCWG-Accountability and Item 12: Thanks to outgoing Councillors Thank you. Kind regards 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: 12:00 UTC http://tinyurl.com/nujcmrc 05:00 Los Angeles; 08:00 Washington; 13:00 Dublin; 15:00 Istanbul; 20:00 Perth https://meetings.icann.org/en/dublin54/schedule/wed-gnso-council Councilors should notify the GNSO Secretariat in advance if they will no able to attend and need a dial out call. ___________________________________________ 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 meetings per the GNSO Operating Procedures: Minutes of the GNSO Council meetings of 24 June, 23 July 2015 and 24 September will be posted as approved on xxxxxx 2015 Minutes of the GNSO Council meeting of 3 September 2015 were 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 (0 minutes) There are no items on the consent agenda for this meeting. Item 4: MOTION - Adoption of Final Report from the Data & Metrics for Policy Making Working Group (10 minutes) This Working Group was chartered<http://gnso.icann.org/en/issues/dmpm-charter-23jan14-en.pdf> by the GNSO Council in January 2014 to explore the development of reporting and metrics processes and/or appropriate standardized methodologies that can better inform fact-based policy development and decision making. The WG published<http://gnso.icann.org/en/issues/dmpm-initial-29jul15-en.pdf> its Initial Report for public comment on 29 May 2015, and submitted a Final Report<http://gnso.icann.org/en/issues/dmpm-final-09oct15-en.pdf> to the GNSO Council on 9 October that took into account the public comments received. Here the Council will discuss the WG's recommendations, and vote on whether or not to adopt the Final Report as submitted. 4.1 - Presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+21+October+2...> (Volker Greimann) 4.2 - Discussion 4.3 - Council vote (voting threshold: simple majority) Item 5: MOTION - Adoption of Next Generation gTLD Registration Directory Services (RDS) to Replace WHOIS PDP WG Charter (15 minutes) In November 2012 the ICANN Board requested<https://www.icann.org/resources/board-material/resolutions-2012-11-08-en#1.a> an Issue Report on the purpose of collecting and maintaining gTLD registration data, and on solutions to improve accuracy and access to gTLD registration data, as part of a Board-initiated GNSO Policy Development Process (PDP). Concurrently, the Board directed the launch of a new effort to redefine the purpose of collecting, maintaining and providing access to gTLD registration data, and to consider safeguards for protecting data, as a foundation for new gTLD policy and contractual negotiations, as appropriate. In June 2014 the Expert Working Group convened as a result of the Board resolution published its Final Report<https://www.icann.org/en/system/files/files/final-report-06jun14-en.pdf>. In April 2015 a group comprising Board and GNSO Council members finalized a proposed Process Framework<https://community.icann.org/download/attachments/49359634/EWG-Process%20Grou...> to guide the work of the PDP. In July 2015 an updated Preliminary Issue Report was published at the Board's request for public comment, following which a Final Issue Report taking into account public comments received was prepared and submitted to the GNSO Council on 7 October 2015 (see http://<http://whois.icann.org/sites/default/files/files/final-issue-report-next-generation-rds-07oct15-en.pdf>whois.icann.org/sites/default/files/files/final-issue-report-next-generation-rds-07oct15-en.pdf<http://whois.icann.org/sites/default/files/files/final-issue-report-next-generation-rds-07oct15-en.pdf>). Here the Council will review the Final Issue Report and vote to approve the charter<http://gnso.icann.org/en/drafts/whois-ng-gtld-rds-charter-07oct15-en.pdf> for the Working Group to be formed to conduct this Board-initiated PDP. 5.1 - Presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+21+October+2...> (Susan Kawaguchi) 5.2 - Discussion 5.3 - Council vote (voting threshold: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House) Item 6: LATE MOTION - Process and Participation in CCWG-Accountability (10 minutes) A motion to acknowledge and support the process that is ongoing in the CCWG-Accountability was submitted after the motion deadline. As such, in accordance with Section 3.3.2 of the GNSO Operating Procedures<http://gnso.icann.org/en/council/op-procedures-24jun15-en.pdf>, the Council will first need to vote on the Request for Consideration, which will be called as the first order of business for the agenda item that deals with the motion. The vote on the Request for Consideration must be unanimous (i.e., all Councilors or their proxies must vote and all votes cast must be in favor of considering the motion at such GNSO Council meeting) for the motion to be considered at such GNSO Council meeting. 6.1 - Vote on the Request for Consideration 6.2 - If Request for Consideration is adopted, presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+21+October+2...> (Avri Doria) 6.3 - Discussion 6.4 - Council vote (voting threshold: simple majority) Item 7: DISCUSSION - Letters from the Standing Committee on GNSO Improvements (10 minutes) In March 2015, the GNSO Council had requested that its Standing Committee on GNSO Improvements (SCI): (1) consider<http://gnso.icann.org/en/issues/sci-review-request-05mar15-en.pdf> whether or not the GNSO Operating Procedures needed further modifications to deal with questions relating to a possible overlap between the rules on resubmission of a motion and the Council's ability to waive the deadline for submission of motions; and (2) document<http://gnso.icann.org/en/drafts/sci-review-motions-05mar15-en.pdf> the Council's existing custom in relation to the proposal and seconding of motions for voting, with a further request that should the SCI believe that additions to the GNSO Operating Procedures are needed to handle the matter, it should propose appropriate language for that purpose. On 9 October 2015, the SCI responded to both of the Council's request by letter (see http://gnso.icann.org/en/correspondence/aikman-scalese-vansnick-to-robinson-... and http://gnso.icann.org/en/correspondence/aikman-scalese-vansnick-to-robinson-...). Here the Council will consider the SCI's recommendations, and determine whether or not further action is required. 7.1 - Update (Avri Doria) 7.2 - Discussion 7.3 - Next steps Item 8: DISCUSSION OF POSSIBLE ACTION - Request from ICANN Board concerning possible policy work on Replacement Insurance Requirements for ICANN-accredited Registrars (10 minutes) On 28 September 2015, the ICANN Board adopted a resolution<https://www.icann.org/resources/board-material/resolutions-2015-09-28-en#2.e> waiving the insurance requirement in the 2009 and 2013 Registrar Accreditation Agreements (RAAs). The resolution also requests that the GNSO consider whether policy work on replacement insurance requirements should be undertaken in light of ICANN's Statement of Registrar Accreditation Policy. Board Chairman Steve Crocker has since written<http://gnso.icann.org/en/correspondence/crocker-to-robinson-12oct15-en.pdf> to the GNSO Council confirming the Board's request. Here the Council will discuss the Board request and consider appropriate next steps. 8.1 - Update (Jonathan Robinson) 8.2 - Discussion 8.3 - Next steps Item 9: DISCUSSION OF POSSIBLE ACTION - Request from ICANN Board concerning possible policy work on Exclusive Registry Access to Generic Strings (10 minutes) On 27 July 2015 the ICANN Board requested<https://www.icann.org/en/system/files/correspondence/crocker-to-robinson-27j...> that the GNSO specifically include the issue of exclusive registry access for generic strings serving a public interest goal as part of the policy work it is planning to initiate on subsequent rounds of the New gTLD Program. Following Council discussion, the GNSO Chair sent a letter<http://gnso.icann.org/en/correspondence/robinson-to-crocker-15sep15-en.pdf> to the Board requesting input on the subject, especially regarding the definition of the "global public interest". On 12 October the Board responded<http://gnso.icann.org/en/correspondence/crocker-to-robinson-gtld-strings-12o...>, noting the GNSO's concerns and expressing its support for the GNSO's consideration of the issue of exclusive registry access to generic strings as part of its work on subsequent rounds of the New gTLD Program. Here the Council will discuss the Board's letter and consider appropriate next steps. 9.1 - Update (Jonathan Robinson) 9.2 - Discussion 9.3 - Next steps Item 10: DISCUSSION OF POSSIBLE ACTION - Final Report of the Independent Examiner on GNSO Review (10 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. Following feedback received, including from the GNSO Working Party, Westlake published its Final Report<https://www.icann.org/en/system/files/files/gnso-review-final-15sep15-en.pdf> on 15 September. Here the Council will discuss the recommendations of the GNSO Working Party on particular aspects of the Final Report, and consider possible implementation of some or all of these recommendations. 10.1 - Update (Jennifer Wolfe) 10.2 - Discussion 10.3 - Next steps Item 11: 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-2...> 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. 11.1 - Update (Volker Greimann / Marika Konings) 11.2 - Discussion 11.3 - Next steps Item 12: Thanks to outgoing Councillors (10 minutes) · Jonathan Robinson - gTLD Registries SG · Brett Fausett - gTLD Registries SG · Yoav Keren - Registrars SG · Thomas Rickert - Nominating Committee Appointee · Brian Winterfeldt - Intellectual Property Constituency · Tony Holmes - Internet Service and Connectivity Providers Constituency · Osvaldo Novoa - Internet Service and Connectivity Providers Constituency · Avri Doria - Non-Commercial Stakeholders Group · Daniel Reed - Nominating Committee Appointee Item 13: Any Other Business and Open Microphone (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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Please let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org<http://gnso.icann.org/>