- Motion to Close the Study Phase of GNSO Whois Policy Work
Made by: Volker Greimann
Seconded by:John Berard
WHEREAS
1. In October 2007, the GNSO Council concluded that a comprehensive and objective understanding of key factual issues regarding the gTLD Whois system would benefit future GNSO policy development efforts (http://gnso.icann.org/resolutions/).
2. In 2008, the Governmental Advisory Committee (GAC) provided recommendations for Whois Studies (http://www.icann.org/correspondence/karlins-to-thrush-16apr08.pdf), which were taken into account as the hypothesis for each study were developed.
3. Between 2009 and 2012 the GNSO Council had approved a number of studies on certain aspects of the Whois system, specifically, studies relating to Whois Misuse, Whois Privacy & Proxy Service Abuse and Whois Registrant Identification, a Whois Privacy & Proxy Relay & Reveal Feasibility Survey and a Whois Service Requirements Survey;
4. All the approved studies have now been completed and the results published (see http://gnso.icann.org/en/group-activities/other/whois/studies);
5. The GNSO Council has reviewed the studies and their results (see summary document at http://whois.icann.org/sites/default/files/files/executive-summary-studies-05jun14-en.pdf);
6. The GNSO Council believes that the studies and their results may be helpful with respect to ongoing policy work within the GNSO and in the ICANN community concerning improvements to and replacement of the Whois protocol and system.
RESOLVED,
1. The GNSO Council thanks all the research teams that performed each of the approved studies, and hereby formally closes this study phase of the GNSO’s Whois policy work.
2. The GNSO Council encourages current and future community groups engaged in Whois policy work to continue to consult and review the results of the approved Whois studies, and to recommend to the GNSO Council any future policy work which may need to be done by the GNSO as a result.
3. The GNSO Council requests that the GNSO Council Chair communicates the completion of the Whois studies and their results to the GAC Chair.
2. Motion on the Initiation of a Policy Development Process (PDP) on IGO and INGO Access to Curative Rights Protection Mechanisms
Made by: Jonathan Robinson
Seconded by: Thomas Rickert
WHEREAS:
1. In November 2013 the GNSO Council had requested an Issue Report on the topic of amending the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS) to enable International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) to access and use these curative rights protection mechanisms;
2. The GNSO Council’s request was the result of the GNSO Council’s adoption in November 2013 of a consensus recommendation from the PDP Working Group on the Protection of International Organization Identifiers in All gTLDs (IGO-INGO PDP WG);
3. ICANN staff published the Preliminary Issue Report on the Access by IGOs and INGOs to the Curative Rights Protections of the UDRP and URS in a public comment forum that opened on 10 March 2014, and closed on 6 May 2014;
4. ICANN staff have reviewed the public comments received, published a Report of Public Comments and updated the Issue Report accordingly;
5. The Final Issue Report on the Access by IGOs and INGOs to the Curative Rights Protections of the UDRP and URS was published on 26 May 2014 (http://gnso.icann.org/en/drafts/igo-ingo-crp-final-25may14-en.pdf);
6. The Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process (PDP) limited to consideration of the issues discussed in the report, and the General Counsel of ICANN has indicated the topic is properly within the scope of the ICANN policy process and within the scope of the GNSO.
RESOLVED:
1. The GNSO Council hereby initiates a PDP to evaluate: (i) whether the UDRP and/or URS should be amended (to enable their access and use by IGOs and INGOs whose identifiers had been recommended for protection by the IGO-INGO PDP WG) and if so, in what way; or (ii) whether a separate narrowly-tailored procedure modeled on these curative rights protection measures to apply only to protected IGO and INGO identifiers should be developed.
2. The GNSO Council requests that the PDP Working Group be convened as soon as possible to fulfill the requirements of this PDP in an expedited manner.
3. Motion for Approval of a Charter for a Policy Development Process (PDP) Working Group for the IGO & INGO Access to Curative Rights Protection Mechanisms PDP
Motion deferred by request of Avri Doria
Made by: Jonathan Robinson
Seconded by:Thomas Rickert
WHEREAS:
1. The GNSO Council has resolved [INSERT LINK IF PDP MOTION PASSES} to undertake a GNSO policy development process (PDP) to explore possible amendments to the Uniform Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension procedure (URS) so as to enable International Governmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs) to access and use curative rights protection mechanisms;
2. The GNSO Council has reviewed the draft Working Group Charter appended as Annex 3 to the Final Issue Report, which was delivered to the GNSO Council on 25 May 2014.
RESOLVED:
1. The GNSO Council approves the Charter and appoints ___________ as the GNSO Council liaison to the IGO-INGO Curative Rights Protection PDP Working Group (WG);
2. The GNSO Council directs ICANN staff to issue a call for volunteers for the PDP WG no later than seven days after the approval of this motion; and
3. Until such time as the WG selects a chair for the WG and that chair is confirmed by the GNSO Council, the GNSO Council liaison to the WG shall serve as the interim chair.
