Page History

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 (preliminary report pending addition of Recorded Action Items)

Item 1: Administrative matters (5 minutes)

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 1.2 – Updates to Statements of Interest 

Jennifer Gore resigned from the GNSO Council on 14 July 2016.
Volker Greimann noted that the Registrar Stakeholder Group had asked him to continue in his role on the Council until a replacement has been elected thus he is acting as his own temporary alternate.

 1.3 – Review/amend agenda.

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Motion moved by Wolf Ulrich & Seconded by James Bladel. Carried unanimously - David Cake was absent and did not vote.

Action Items:

• Staff to notify Mr. James Gannon of his selection as GNSO liaison to the CSC
• Staff to notify ICANN of the selection result

Item 5: COUNCIL VOTE – Approval of Implementation Mechanism for the Adopted Recommendations from the 2014 GNSO Organizational Review (15 minutes)

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Motion moved by Wolf Ulrich & Seconded by James Bladel. Carried unanimously - David Cake was absent and did not vote.

Item 6: COUNCIL VOTE – Response to GAC Communique from ICANN56 (25 minutes)

Action Items:

• Staff to update Charter to reflect Council decision that: (1) Option #1 was selected (Working Group will take up new requests following completion of implementation tasks and SCI will be disbanded); and (2) Working Group shall operate on Full Consensus for all recommendations relating to ICANN Bylaws and GNSO Operating Procedures
• Staff to note in Council meeting minutes that Option #1 was selected
• Staff to prepare notice of Council decision to SCI

Item 6: COUNCIL VOTE – Response to GAC Communique from ICANN56 (25 minutes)

The GAC Communique from ICANN56 contained GAC advice on several gTLD policy issuesThe GAC Communique from ICANN56 contained GAC advice on several gTLD policy issues, including future gTLD policies and procedures, privacy and proxy services accreditation, and protections for International Governmental Organizations’ (IGO) names and acronyms. Starting in July 2015, the GNSO Council has reviewed each GAC Communiqué for issues relating to gTLD policy, with a view toward providing feedback to the ICANN Board as well as the broader community concerning past, present or future GNSO policy activities relating to advice provided by the GAC. A draft response was circulated to the GNSO Council on 19 July 2016. Here the Council will consider whether or not to provide a response to the Board concerning the relevant gTLD issues raised by the GAC in its Helsinki Communique.

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Withdrawn/Deferred to Electronic Voting 6-9 August 2016

Item 7: COUNCIL DISCUSSION – Next Steps on Proposed Modifications to the Procedure to Address WHOIS Conflicts with National Law (20 minutes)

Action Items:

• Staff to amend last sentence in draft response on IGO protections issue, to reflect Board-GNSO discussions in Helsinki
• Councillors to provide feedback on amended draft response by Wednesday 27 July)
• Staff to work with Mason Cole (GNSO Liaison to the Government Advisory Committee (GAC) to ensure follow up communications with/from the GAC after formal response is submitted to the Board and cc’d to the GAC

Item 7: COUNCIL DISCUSSION – Next Steps on Proposed Modifications to the Procedure to Address WHOIS Conflicts with National Law (20 minutes)

The GNSO’s 2005 Policy on WHOIS Conflicts with National Laws (see http://gnsoThe 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-en).

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Result: discussion to be continued on the GNSO Council mailing list.
 

Action Items:

• Councilors to continue discussions via email with a view toward developing an agreed approach for the Council meeting in September 2016.

Item 8: COUNCIL DISCUSSION – Proposed Schedule for ICANN57 (20 minutes)

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GNSO Liaison Notes: this is the first rough skeletal schedule for ICANN 57. To be discussed further in future calls. 

Action Items:

• Councilors to continue review of proposed draft schedule
• Council to confirm selection of GNSO PDP Working Groups for face-to-face meetings at ICANN57 on 3 November as soon as possible (most likely candidates – RDS and New gTLD Subsequent Procedures)
• Clarification from Nick Tomasso on visas for India

Item 9: Any Other Business (10 minutes)

9.1 – Update on Council representatives from the Registrars Stakeholder Group 

GNSO Liaison Notes: problem about a member of the RPM working group. Request for GNSO Council to look into available actions when an individual sends unsollicited communication to other community members and staff. ICANN Legal to be consultedThe Registrar Stakeholder group asked Volker Greimann to continue in his role on the Council until a replacement has been elected and elections are under way.

9.2 – Update on status of progress on the Drafting Team that is to identify new and additional rights and responsibilities for the GNSO under the revised ICANN Bylaws

GNSO Liaison Notes: Staff to send an update about the timeline to the Council mailing list. 

9.3 - Continuing disruptive behaviour of aRights Protection Mechanisms Policy Development Process Working Group (RPM WG) Observer –

GNSO Liaison Notes: problem about a member of the RPM working group. Request for GNSO Council to look into available actions when an individual sends unsollicited communication to other community members and staff. ICANN Legal to be consulted.

Meeting Minutes (from GNSO Staff)

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 Public Meeting on 12 May 2016  were approved on 30 June 2016.

Item 2: Opening Remarks / Review of Projects & Action List

2.1 – Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action List

Council members were reminded that a copy of the updated Projects list, in both red-lined and clean version, is sent to the Council mailing list before each Council meeting for review and comment.

Item 3: Consent agenda

No items on the consent agenda

Item 4: COUNCIL VOTE – Approval to Permanently Integrate Successful PDP Improvements into the GNSO Policy Development Process

Approval to Permanently Integrate Successful PDP Improvements into the GNSO Policy Development Process

 Motion proposed by Donna Austin seconded by Carlos Gutierrez.

The motion carried unanimously by voice vote.

Voting results

Action Item:

The GNSO Council directs staff to move ahead with the identified next steps including: integrating the inclusion of the proposed PDP Charter as part of the Preliminary Issue Report; development of draft guidelines for the use and application for face-to-face facilitated PDP WG meetings for Council review and adoption, and; developing a survey to assess the familiarity that the community has with the different newcomer and training tools as well as their perceived usefulness

Item 5: COUNCIL VOTE - Approval to Form a Drafting Team to Develop an Implementation Plan for New and Additional GNSO Powers and Obligations under the Revised ICANN Bylaws

Motion to create a drafting team to further develop recommendations to implement the GNSO’S new roles and obligations under the revised ICANN Bylaws – 29 June 2016

Motion proposed by Paul McGrady, seconded by Susan Kawaguchi as amended by Heather Forrest

The motion carried unanimously by voice vote.
Voting results

Action Item

ICANN staff to issue a call for volunteers for a Drafting Team that will work with ICANN staff to fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities.

Item 6: COUNCIL VOTE – Temporary Extension of Term of Current GNSO Liaison to the Governmental Advisory Committee

Motion to extend the term of the current GNSO Liaison to the GAC and confirm the extended timeline for the selection process for the next GNSO liaison to the GAC.

Motion proposed by James Bladel seconded by Volker Greimann as amended by Wolf-Ulrich Knoben

The motion carried unanimously by voice vote.
Voting results

Action Item

• GNSO Secretariat to inform the GNSO Stakeholder Groups and Constituencies of the extended selection timeline (Nominations Accepted for Candidates - 1 OCT 2016; Council Chairs consider candidates and notify first choice - 20 OCT; Chairs submit motion to Council by 29 OCT for consideration during Council meeting on 8 NOV; GAC Leadership notified of new Liaison by 9 NOV).
• Staff to include consideration of a uniform selection process as part of the work associated with implementing the post-transition bylaws

Item 7: COUNCIL DISCUSSION – Response to ICANN Board Request concerning Expert Working Group Final Report on Internationalized Registration Data

Copy of official minutes:

James Bladel reminded Council of the three components of the Board request:

• Acknowledging receipt of the request,
• referring the request to the Chairs of the Translation and Transliteration PDP Working group
• referring the request Chairs of the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS  Working Group.

David Cake confirmed that the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS  Leadership was fully aware of the request.

Action Items: 

• Staff to note that GNSO Council will proceed with the Board request. 
• Staff to draft a letter which will be circulated to the Council list before transmitting to the ICANN Board and to the co-chairs of the Translation and Transliteration PDP Working group and the GNSO PDP on the Next Generation Registration Directory Services to Replace WHOIS  Working Group

As the next points are well caught in the meeting's minutes, these are copied here:

Item 8: COMMITTEE UPDATE - Selection of Primary and Alternate Delegates from the GNSO to the New Bylaws-mandated Customer Standing Committee

Donna Austin provided the Council with an update on the Customer Standing Committee (CSC) Selection Committee

Wolf-Ulrich Knoben provided background information about the Customer Standing Committee (CSC) and reminded the Council of the selection date deadline of the 15th August 2016. The target is to monitor the performance of the IANA naming functions in the future. The Customer Standing Committee (CSC) shall consist of representatives of all Advisory Committees and Supporting Organisations. The GNSO must appoint members (voting) and is strongly encouraged to appoint liaisons (non-voting).
Wolf-Ulrich Knoben offered to lead the GNSO Liaison Selection Committee. 

Deadline for applications to be sent to the GNSO Secretariat is the 15th July.

The GNSO Council Selection committee, Rubens Kuhl, Heather Forrest, Susan Kawaguchi, Wolf-Ullrich Knoben and David Cake, have decided on an evaluation tool which will be used to send four candidates to the GNSO Council which will select two out of the four.
The final selection will be decided with the Country Code Naming Support Organisation (ccNSO) and the gTLD Registries Stakeholder Group in a coordination round.
Timeline:

15th July 2016: deadline for applications and for Expressions of Interest (EoI)

 21 July 2016: GNSO Council meeting, motion to be provided for selection of two top   applicants. 

James Bladel reminded everyone that the two GNSO Council Liaisons can be listed unnamed in the motion as such until the names of the applicants are known to the Council.

The aim would be for the GNSO Council to vote confirming members and liaisons by email ballot rather than having to convene an extra Council meeting during the summer break. Only gTLD and ccTLD registries are appointing members as they are the IANA direct customers and will be those to best keep the process in check. 

Further discussion was had about the timeline, the roles and selections of members and liaisons.
Wolf- Ulrich Knoben reminded Council that a motion deferral was ill advised and that a few days would be necessary for councilors to consult with their groups prior to the meeting and the close of the application window.
Paul McGrady raised the IPC's concerns about Council having undertaken this process, and noted that the IPC would not make a formal issue of the matter in light of tight timelines, but wished that Council's role in such matters be discussed going forward.
Keith Drazek clarified the members/ liaison terms. 

Action item:
Schedule precautionary 9 August 2016 Council meeting as vote is required. 

Item 9: WORKING GROUP PROGRESS REPORT – Activities of the Cross Community Working Group on Internet Governance

The Co-Chairs of the Cross Community Working Group on Internet Governance Working Group (CCWG IG) Rafik Dammak, provided Council with an Update while Olivier Crépin-Leblond, confirmed  the Working Group’s targets and accountability and clarified how much staff support and support in general the CCWG was receiving.

Mariel Maciel stressed the importance of this CCWG both in triggering awareness of the potential threats ICANN could be facing but also in consolidating collaboration with other similar organizations.
Heather Forrest requested copies of the reports produced by the CCWG IG support staff so the Council can be kept apprised of the CCWG’s progress.

Action Item:
Council be kept apprised of the Cross Community Working Group on Internet Governance Working Group’s (CCWG IG) progress

Item 10: COUNCIL DISCUSSION – Next Steps relating to Implementation of Recommendations for the GNSO Review

James Bladel reminded everyone that ICANN Board has approved the GNSO review recommendations as well as those amended by the GNSO Council. It is foreseen that a team is to be created in July to work on an Implementation Plan to send to the Board. However, is a new team to be created or would the Standing Committee on the Implementation of GNSO Improvements (SCI) be repurposed to this intent?
Avri Doria supported the latter.

Anne Aikman-Scalese, vice-Chair of the SCI, reminded the Council that the SCI is at their disposal for work projects

Action Item:

Staff proposed re-drafting the SCI’s charter in order to accommodate the changes.

Item 11: STAFF UPDATE TO COUNCIL – Next Steps relating to the Final Report of the Implementation Group on Review of the WHOIS Conflicts with National Law Procedure

Jamie Hedlund provided an update to the Council giving a brief reminder of the beginning of the Implementation Advisory Group (IAG) through to current developments. Currently, there is one trigger for the procedure and that is evidence of a process or regulatory action or litigation against a contracted party for effectively complying with Whois obligations in conflict with local privacy law.

Donna Austin questioned whether the GAC or Data Protection Agencies had been consulted on the subject. Several other members raised the concern that the Implementation Advisory Group (IAG) could not come to consensus given that their scope of action was narrow as policy had already been made. 

Item 12: Any Other Business

James Bladel noted that a written proposal from the Board Finance Committee on proposed cost, monitoring cost, tracking cost, and control mechanisms for CCWG Accountability Work Stream 2 was submitted and encouraged Councillors to review the proposal. 
 

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