Motion – Confirmation of GNSO Representative to the Empowered Community Administration
Submitted by Donna Austin
1.The GNSO Council confirmed in September 2016 that the GNSO Chair (currently James Bladel) will represent the GNSO as the Decisional Participant on the Empowered Community Administration on an interim basis and subsequently requested the GNSO Standing Selection Committee (SSC) to develop the criteria and the process for the selection of the GNSO Representative to the Empowered Community Administration for GNSO Council consideration by its June 2017 meeting.
2.The GNSO Council adopted the proposed process and criteria for the selection of the GNSO representative to the Empowered Community Administration during its meeting on 28 June 2017.
3.The GNSO Council leadership team subsequently met to agree who from the Council leadership should perform the role of GNSO representative to the Empowered Community Administration and communicated this decision to the Council mailing list on [include date].
1.The GNSO Council hereby confirms that James Bladel, GNSO Chair will represent the GNSO as the Decisional Participant on the Empowered Community Administration on until the end of his term at ICANN60.
2.The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
3.The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration.
MOTION FOR APPROVAL OF THE FUNDAMENTAL BYLAW AMENDMENT TO TRANSFER RESPONSIBILITY FOR RECONSIDERATION REQUESTS TO A NEW BOARD COMMITTEE
Submitted by James Bladel
Seconded by Donna Austin
WHEREAS, on 1 October 2016 the revised ICANN Bylaws went into effect, creating a new Empowered Community mechanism by which ICANN’s Supporting Organizations and Advisory Committees can organize under California law to legally enforce the community powers described in the Bylaws (https://www.icann.org/resources/pages/governance/bylaws-en);
WHEREAS, one of these new community powers is the right to approve amendments to ICANN’s Fundamental Bylaws;
WHEREAS, on 23 May 2017 and as required under the ICANN Bylaws, the ICANN Secretary notified the Empowered Community that on 18 May 2017 the ICANN Board had approved an amendment to Section 4.2 of the ICANN Bylaws, which is one of ICANN’s Fundamental Bylaws (https://www.icann.org/en/system/files/correspondence/jeffrey-to-eca-23may17-en.pdf);
WHEREAS the Secretary’s Notice thereby triggered the Empowered Community Approval Action Process that is documented in Article 1, Annex D of the ICANN Bylaws (https://www.icann.org/resources/pages/governance/bylaws-en/#annexD)
WHEREAS, on 24 May 2017 and pursuant to Section 1.3(a) of Article 1, Annex D, the Empowered Community Administration requested that ICANN convene a Community Forum during which the five Decisional Participants that comprise the Empowered Community as well as interested participants can discuss the proposed Fundamental Bylaw amendment (https://www.icann.org/en/system/files/correspondence/deerhake-to-jeffrey-24mar17-en.pdf);
WHEREAS, the Community Forum was held on 27 June 2017 during the ICANN59 Public Meeting in Johannesburg, South Africa (http://sched.co/B3ou); and
WHEREAS, during the Approval Action Decision Period that follows immediately on the expiration of the Community Forum Period on 29 June 2017, each of the five Decisional Participants in the Empowered Community (including the GNSO) have twenty-one (21) days (ending at 06.59 UTC on 21 July 2017) to decide whether to support or object to the Fundamental Bylaw amendment, or abstain from the matter;
1. The GNSO Council votes to approve the amendment to Section 4.2 of the ICANN Bylaws, being an amendment to an ICANN Fundamental Bylaw, as detailed in the Board resolution of 18 May 2017 (https://www.icann.org/resources/board-material/resolutions-2017-05-18-en#1.c).
2. The GNSO Council directs the GNSO Secretariat to forward this resolution to the Empowered Community Administration before the expiration of the Approval Action Decision Period, as required under Section 1.4, Article 1, Annex D of the ICANN Bylaws.
3. The GNSO Council directs James Bladel, the GNSO’s interim representative to the Empowered Community Administration, to coordinate with the other four Decisional Participant representatives to ensure that the Empowered Community Administration observes and completes the appropriate process outlined in Section 1.4(b) and (c), Annex D.
Motion expressing support for continued ICANN community engagement in Internet Governance activities appropriate to ICANN’s mission, withdrawal as a Chartering Organization from the CCWG-IG and request for a proposal for a new structure for GNSO Council consideration by ICANN60 - DEFERRED
Submitted by Keith Drazek
Seconded by James Bladel
- The GNSO Council adopted the charter for a Cross Community Working Group to discuss Internet governance (CCWG-IG) issues affecting ICANN and make recommendations to the chartering organizations on these issues on 15 October 2014, and as such became a Chartering Organization.
- The GNSO Council adopted the "Uniform Framework of Principles and Recommendations for Cross Community Working Groups" (CCWG Framework) in October 2016. The CCWG Framework details the lifecycle of a CCWG including initiation, operation, decision-making, and closure, and the GNSO Council has observed that the CCWG-IG, whose formation predated the adoption of the CCWG Framework, does not follow this lifecycle or some of the principles outlined in the CCWG Framework.
- The GNSO Council recognizes the importance of a continued discussion of the topic of Internet governance within an ICANN context, and the continued participation by the GNSO in this discussion.
- The GNSO Council has shared its concerns with the ccNSO Council and representatives of other SO/ACs on the current scope of the CCWG-IG and the appropriate vehicle through which ICANN SO/ACs may continue to participate in Internet governance discussions within the ICANN context.
- During its meeting on 7 November 2016, the GNSO Council confirmed it would continue to participate as a Chartering Organization for the CCWG-IG. However, this participation was conditioned upon a comprehensive review of the CCWG-IG Charter by the CCWG-IG, in accordance with the CCWG Framework, including the possibility that another vehicle may be more suitable for cross community discussions on the topic of Internet governance (http://gnso.icann.org/en/drafts/uniform-framework-principles-recommendations-16sep16-en.pdf).
- On 11 March 2017, the CCWG-IG submitted a revised charter to the GNSO Council (https://mm.icann.org/pipermail/council/2017-March/019819.html) for its consideration.
- The GNSO Council reviewed the charter and discussed it during a number of meetings as well as in its meetings with the ccNSO Council. These discussions highlighted remaining concerns over the group’s compliance with the CCWG Framework as well as its accountability vis-à-vis the Chartering Organizations.
- During ICANN 59 in Johannesburg, the CCWG-IG held a face-to-face meeting that included members of the ICANN Board’s Internet Governance Committee. There was discussion about the future of the group, challenges with the ongoing nature of Internet Governance, and the constraints imposed by the community-developed requirements for CCWG structures. Members from multiple SOs and ACs recognized the challenges and generally agreed that a CCWG is not a required vehicle for the important and legitimate work of the group, provided the group is able to continue its engagement with adequate ICANN support and resources and there is no gap between the retirement of the CCWG-IG and the establishment of its successor.
- The GNSO Council expresses its gratitude to the CCWG-IG for its work in ensuring that discussions on Internet governance take place within the ICANN context.
- The GNSO Council emphasizes that it fully recognizes the importance of the continued involvement of the ICANN community in Internet governance-related activities that are appropriate to ICANN’s mission.
- The GNSO Council requests that members of the CCWG-IG and others interested parties come together to explore a framework / model that more fully addresses the concerns that have been expressed by the GNSO Council, and submit this framework / model to the GNSO Council for its consideration by ICANN60.
- To facilitate the work as requested under Resolved clause #3, allowing for a reasonable time to coordinate with other SOs and ACs to develop a new structure, and to ensure there is no gap between the retirement of the CCWG-IC and the establishment of its successor group, the GNSO Council shall withdraw as a Chartering Organization from the CCWG-IG effective at the conclusion of ICANN 60 in Abu Dhabi.
- The GNSO Council emphasizes that its planned withdrawal as a Chartering Organization from the CCWG-IG reflects solely the Council’s conclusion that, based on the reports it has received from the CCWG-IG, a CCWG is not an appropriate vehicle for the CCWG-IG’s work, and the GNSO Council’s decision on this narrow point is not intended to prevent any GNSO community members who have been participating in the CCWG-IG from continuing to participate in the group’s activities should they decide to do so.
- The GNSO Council requests that the GNSO Secretariat communicate this decision to the CCWG-IG and the other Chartering Organizations.
Adoption of the GNSO Review of GAC Communiqué for submission to the ICANN Board - DEFERRED to electronic ballot
Submitted by James Bladel
- The Governmental Advisory Committee advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
- The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
- The GNSO has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present or future gTLD policy activities that may directly or indirectly relate to advice provided by the GAC.
- The GNSO hopes that the input provided through its review of the GAC Communiqué will further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board and the GNSO.
- The GNSO Council adopts the GNSO Review of Johannesburg GAC Communiqué (see [include link]) and requests that the GNSO Council Chair communicate the GNSO Review of the Johannesburg GAC Communiqué to the ICANN Board.
- The GNSO Council requests that the GNSO Council Chair also informs the GAC Chair of the communication between the GNSO Council and the ICANN Board.