Motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. - Deferred from the Council meeting on 6 October 2011
Made by: Kristina Rosette
Seconded by: Debbie Hughes
Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN;
Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable;
Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA;
Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA;
Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass;
Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council’s April 7, 2011 meeting;
Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report.
NOW THEREFORE, BE IT:
RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails:
1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution.
2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report.
3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole).
4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments").
5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013.
6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments.
7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA.
8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval.
9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7.
RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately.
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Motion to Adopt the Policy Development Process Work Team Updated Final Report - deferred from the Council meeting on 6 October 2011.
Made by: Jeff Neuman
Seconded by: Stéphane van Gelder
WHEREAS, in October 2008, the GNSO Council established a framework (see GNSO Council Improvement Implementation Plan;
(http://www.icann.org/en/topics/gnso-improvements/gnso-improvements-implementation-plan-16oct08.pdf) for implementing the various GNSO Improvements identified and approved by the ICANN Board of Directors on 26 June 2008
(http://www.icann.org/en/minutes/resolutions-26jun08.htm#_Toc76113182)
(http://www.icann.org/en/minutes/resolutions-26jun08.htm);
WHEREAS, that framework included the formation, in January 2009, of two Steering Committees, the Operations Steering Committee (OSC) and the Policy Process Steering Committee (PPSC), to charter and coordinate the efforts of five community work teams in developing specific recommendations to implement the improvements;
WHEREAS, the PPSC established two work teams, including the Policy Development Process Work Team (PDP-WT), which was chartered to develop a new policy development process that incorporates a working group approach and makes it more effective and responsive to ICANN’s policy development needs;
WHEREAS, the GNSO Council decided to terminate the PPSC on 28 April 2011 and instructed the PDP-WT to deliver its Final Report directly to the GNSO Council;
WHEREAS, the PDP-WT submitted its Final Report (http://gnso.icann.org/issues/pdp-wt-final-report-final-31may11-en.pdf) on 1 June 2011 to the GNSO Council;
WHEREAS the GNSO Council opened a 30-day public comment period on the Final Report (see http://www.icann.org/en/announcements/announcement-2-09jun11-en.htm);
WHEREAS the GNSO Council referred those comments back to the PDP-WT for consideration (see http://gnso.icann.org/resolutions/#201107);
WHEREAS the PDP-WT has reviewed those comments and updated the report as deemed appropriate (see https://community.icann.org/download/attachments/9405500/PDP-WT+Public+Comment+Review+Tool+-+FINAL+-+21+September+2011.pdf?version=1&modificationDate=1317022410000);
WHEREAS the PDP-WT submitted its Updated Final Report (see http://gnso.icann.org/improvements/updated-final-report-pdpwt-28sep11.pdf) to the GNSO Council on 27 September 2011.
NOW THEREFORE, BE IT:
RESOLVED, the GNSO Council recommends that the ICANN Board of Directors adopt the revised GNSO Policy Development Process as reflected in the proposed Annex A and PDP Manual as outlined in the PDP Updated Final Report (see http://gnso.icann.org/improvements/updated-final-report-pdpwt-28sep11.pdf).
RESOLVED, the GNSO Council recommends that the procedures of the new Annex A shall be applicable to all requests for Issue Reports and PDPs initiated following adoption by the ICANN Board. For all ongoing PDPs initiated prior to the adoption by the Board, the Council shall determine the feasibility of transitioning to the procedures set forth in this Annex A for all remaining steps within the PDP. If the Council determines that any ongoing PDP cannot be feasibly transitioned to these updated procedures, the PDP shall be concluded according to the procedures set forth in Annex A in force on before the adoption of the new Annex A by the Board.
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MOTION RE: OUTREACH TASK FORCE CHARTER
Made by: Olga Cavalli
Seconded by: Debbie Hughes
WHEREAS, in October 2008, the GNSO Council established a framework for implementing the various GNSO Improvements
http://www.icann.org/en/minutes/resolutions-26jun08.htm
identified and approved by the ICANN Board of Directors on 26 June 2008;
WHEREAS, that framework included the formation, in January 2009, of two Steering Committees, the Operations Steering Committee (OSC) and the Policy Process Steering Committee (PPSC), to charter and coordinate the efforts of five community work teams in developing specific recommendations to implement the improvements;
WHEREAS, the OSC established three work teams, including the Constituency and Stakeholder Group Operations Work Team, which were chartered to focus on specific operational areas addressed in the Board Governance Committee (BGC) Report recommendations;
http://www.icann.org/topics/gnso-improvements/gnso-improvements-report-03feb08.pdf
WHEREAS, one of the recommendations in BGC Report was to develop and implement a targeted outreach program to explore the formation of new constituency groups;
WHEREAS, the Constituency and Stakeholder Group Operations Work Team (CSG-WT) was tasked with developing the recommendations on a global outreach program and submitted the document to the OSC for consideration on 21 January 2011;
WHEREAS, the OSC submitted to the GNSO Council on 14 February 2011 the document “Recommendations to Develop a Global Outreach Program to Broaden Participation in the GNSO http://www.icann.org/topics/gnso-improvements/gnso-improvements-report-03feb08.pdf;
WHEREAS, at its meeting on 24 February 2011 the GNSO Council accepted the document and directed staff to submit the document for 45 days in the ICANN Public Comment Forum;
WHEREAS, at its meeting on 19 May 2011 the GNSO Council determined that as there were no public comments that required changes to the document the work of the OSC with respect to the global outreach program recommendations was complete and directed staff to seek volunteers to form a Outreach Task Force Charter Drafting Team (OTF DT);
WHEREAS, an OTF DT was formed and it drafted a Charter that it presented to the GNSO Council Chair on 08 September 2011;
WHEREAS, the GNSO Council Chair sent the Draft Charter to the GNSO Council and asked Councilors to share the document with their respective groups and to provide comments by 10 October 2011;
WHEREAS, on 18 October 2011 the OTF DT provided to the GNSO Council a revised Draft Charterhttp://gnso.icann.org/drafts/otf-draft-charter-18oct11-en.pdf
based on comments it received;
NOW THEREFORE, BE IT:
RESOLVED, that the GNSO Council approves the Draft Charter [http://gnso.icann.org/drafts/otf-draft-charter-18oct11-en.pdf]], thanks the OTF DT for its efforts on this important initiative, and dissolves the OTF DT;
RESOLVED FURTHER, that the GNSO Council requests staff to seek volunteers for Chair and Vice Chair of the OTF.
