Dear Councillors, Please find the proposed Agenda for the GNSO Council Meeting on 29 September 2016 at 21:00 UTC. 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/owu4Aw This agenda was established according to the GNSO Operating Procedures<https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf>, v3.2<https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf> updated on 01 September 2016. 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: 21:00 UTC (http://tinyurl.com/hxoe7sh) 14:00 Los Angeles; 17:00 Washington; 22:00 London; 00:00 Istanbul; 07:00 Hobart - next day 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 they will not be able to attend and/or 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 Meeting on 1 September 2016 to be posted on xx xxxxx 2016. Item 2: Opening Remarks / Review of Projects & Action List (5 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) Item 4: COUNCIL VOTE - GNSO Validation of the FY17 Budget and Cost-Control Processes for the CCWG-Accountability (20 minutes) A draft budget and cost-control processes for the CCWG-Accountability activities for FY17 was presented at the group's plenary meeting of 21 June 2016. In accordance with the process agreed with the Project Cost Support Team (PCST) that supported the CCWG-Accountability, a request for validation of the proposed budget and cost-control processes was transmitted to the CCWG-Accountability's Chartering Organizations on 23 June. The GNSO Council discussed the validation request during ICANN56 in Helsinki at the end of June, and a webinar on the topic was held at the Council's request on 23 August. Here the Council will consider approving the request to validate the FY17 budget and cost-control processes as well as a number of related topics that have been highlighted for discussion by various Councilors. . 4.1 - Presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September...> (James Bladel) 4.2 - Discussion 4.3 - Council vote (voting threshold: simple majority) Item 5: COUNCIL VOTE - Approval of Appointment of an Interim GNSO Representative to the Empowered Community Administration (20 minutes) Section 1.1(a) of Article 6 of the new ICANN Bylaws concerning the composition and organization of the Empowered Community (EC) states that the EC is to be "a nonprofit association formed under the laws of the State of California consisting of the ASO, the ccNSO, the GNSO, the ALAC and the GAC (each a "Decisional Participant" or "associate," and collectively, the "Decisional Participants")." Section 6.3 provides that, as a Decisional Participant in the EC, the GNSO "shall act through its respective chair or such other person as may be designated by the GNSO". Each Decisional Participant must deliver annually a written certification from its chair or co-chairs to the ICANN Secretary designating the individual representing that Decisional Participant in the EC Administration. On 30 June 2016, the GNSO Council created a Drafting Team (DT) to work with ICANN staff to identify the GNSO's new rights and obligations, and prepare an implementation plan to address any needed changes by 30 September (https://gnso.icann.org/en/council/resolutions#20160630-2). Upon the completion of the DT's work, the GNSO is expected to finalize its process for appointing its EC representative going forward. Here the Council will consider the appointment of the GNSO Chair as an interim representative to the EC Administration to ensure that a GNSO representative is designated as soon as the new Bylaws come into effect, pending the completion and approval of the DT's work. 5.1 - Presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September...> (James Bladel) 5.2 - Discussion 5.3 - Council vote (voting threshold: simple majority) Item 6: COUNCIL VOTE - Adoption of Implementation Advisory Group Recommendations to Update Procedure on WHOIS Conflicts with National Laws (20 minutes) The GNSO's 2005 Policy on WHOIS Conflicts with National Laws (see http://gnso.icann.org/en/issues/whois-privacy/council-rpt-18jan06.htm) had recommended the creation of a procedure to address conflicts between a contracted party's WHOIS obligations and local/national privacy laws or regulations. Under the existing procedure dating from January 2008, a contracted party that credibly demonstrates that it is legally prevented from complying with its WHOIS obligations can invoke the procedure, which defines a credible demonstration as one in which the contracted party has received "notification of an investigation, litigation, regulatory proceeding or other government or civil action that might affect its compliance." The procedure has never been invoked. In May 2014, ICANN launched a review of the procedure. An Implementation Advisory Group (IAG) was formed and began its work in January 2015. The IAG's Initial Report was published for public comment in November 2015 (see https://www.icann.org/public-comments/iag-whois-conflicts-privacy-2015-10-05...). On 25 May 2016, the IAG's Final Report<http://gnso.icann.org/mailing-lists/archives/council/pdf1nt18yPBer.pdf>, accompanying Appendices<http://gnso.icann.org/mailing-lists/archives/council/pdfC9Dr9B5OBO.pdf> and a summary Memo<https://gnso.icann.org/en/drafts/iag-review-whois-conflicts-procedure-26may1...> to the GNSO Council was delivered to the GNSO Council. The IAG proposed modifications to the procedure that it believes do not contradict the underlying policy recommendations. The Council received an update on the proposed modifications at ICANN56 and discussed the matter further at its meetings on 21 July and 2 September. Here the Council will confirm whether or not the IAG's proposed modifications conform with the intent of the underlying GNSO Policy. 6.1 - Presentation of the motion<https://community.icann.org/display/gnsocouncilmeetings/Motions+29+September...> (Stephanie Perrin) 6.2 - Discussion 6.3 - Council vote (voting threshold: simple majority) Item 7: COUNCIL DISCUSSION - Proposed Draft Charter for a New Cross Community Working Group concerning Auction Proceeds from the 2012 New gTLD Program (15 minutes) The 2012 New gTLD Program established auctions as a mechanism of last resort to resolve string contention. Although most string contention sets have been resolved through other means prior to reaching the stage of an auction conducted by ICANN's authorized auction service provider, it was recognized from the outset that significant funds could accrue as a result of several auctions. As such, any and all auction proceeds have been reserved and earmarked until the Board authorizes a plan for the appropriate use of the funds. The Board, staff, and community are expected to work together in designing the appropriate processes for addressing the use of the new gTLD auction proceeds.To this end, a cross-community Drafting Team (DT) was formed which has now submitted a proposed Charter for a cross-community working group to all SO/ACs for consideration. As outlined by the DT, the proposed charter is the result of extensive input and deliberations and represents a careful balance between the different viewpoints and perspectives, including from both the DT Members and the ICANN Board liaisons to the DT. As such, the DT has requested that the GNSO Council review the proposed charter with this careful balance in mind and only flag to the DT any pertinent issues that would prevent the GNSO from adopting this charter. The DT has requested to receive the GNSO's feedback by 30 September 2016 at the latest, including an indication of when the GNSO anticipates to be in a position to consider the charter for adoption following 30 September, provided that no pertinent issues have been identified by any of the ICANN SO/ACs. Here the Council will discuss the DT's proposed Charter, with a view toward providing its input by 30 September. 7.1 - Summary and update (Jonathan Robinson (DT chair)) 7.2 - Council discussion 7.3 - Next steps Item 8: COUNCIL DISCUSSION - ICANN Board Letter on New gTLD Subsequent Procedures (15 minutes) On 5 August 2016, ICANN Board Chair Dr. Steve Crocker sent a letter to the GNSO Council concerning work on the GNSO Policy Development Process (PDP) on New gTLD Subsequent Procedures (https://gnso.icann.org/en/correspondence/crocker-to-bladel-05aug16-en.pdf). The Board wished to know the GNSO Council's view of the current work in light of the existing GNSO policy and ongoing parallel review work on the 2012 New gTLD Program. The Board letter specifically asked for information on the PDP timeline and whether the GNSO believes that the current PDP must be completed prior to advancing a new application process under the current policy recommendations, including whether any consideration has been given in relation to whether a future application process could proceed while policy work continues and be iteratively applied to the process for allocating new gTLDs. On 16 August the GNSO Chairs sent a reply to the Board on behalf of the Council, acknowledging the Board's request (https://gnso.icann.org/en/correspondence/council-leadership-to-crocker-16aug...). At its meeting on 2 September, the GNSO Council agreed to seek input from all GNSO Stakeholder Groups and Constituency leaders, as well as the New gTLD Subsequent Procedures Policy Development Process Working Group. Here the Council will discuss feedback received from the various groups and determine next steps. 8.1 - Status update (GNSO Council chairs / Paul McGrady (for the PDP Working Group)) 8.2 - Discussion 8.3 - Next steps Item 9: COUNCIL DISCUSSION - Proposed Final Framework for Future Cross Community Working Groups (5 minutes) In March 2014, the ccNSO and GNSO Councils jointly chartered a Cross Community Working Group to develop a framework of principles to guide the formation, chartering, operations and closure for future cross community working groups (CCWG-Principles). The CCWG-Principles published an initial proposed framework for public comment in February 2016, and following a review of all public comments received and further community discussion at ICANN56 in Helsinki at the end of June, completed a proposed Final Framework which it has since submitted to both its Chartering Organizations. Here the Council will receive a brief update on the Final Framework, with a view toward its possible adoption at the next Council meeting in October. 9.1 - Summary and update (Mary Wong / Steve Chan) 9.2 - Next steps Item 10: COUNCIL DISCUSSION - GNSO Meeting Schedule for ICANN57 (5 minutes) ICANN57 will take place in Hyderabad, India, from 3-9 November 2016. This will be the first "Meeting C" under the new ICANN Meeting Strategy as well as the Annual General Meeting for ICANN. A draft GNSO schedule<http://gnso.icann.org/en/drafts/meeting-c-schedule-11jul16-en.pdf> for the meeting was circulated to the GNSO Council on 11 July 2016 and reviewed at the Council meetings on 21 July and 2 September. GNSO Stakeholder Groups and Constituencies wishing to hold sessions at ICANN57 were requested to submit meeting requests by the agreed deadline. Here the Council will discuss the GNSO's meeting schedule for ICANN57, including the Council sessions and Working Group and other meetings. 10.1 - Overview of the proposed schedule (GNSO Council Chairs / Glen de St Gery) 10.2 - Discussion 10.3 - Next steps Item 11: 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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