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Alan Greenberg served as the GNSO Liaison for the following terms:  2006-2007, 2007-2008, 2008-2009, 2009-2010, 2010-2011, 2011-2012, 2012-2013, 2013-2014.

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NEWS: 

 This agenda is also published on the Wiki page at:

https://gnso.icann.org/en/meetings/agenda-council-29sep16-en.htm

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 and Action List

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 (James Bladel)

4.2 – Discussion

4.3 – Council vote (voting threshold: simple majority)

GNSO Liaison Notes:

Concern was expressed specifically about the potential spiralling of costs in the Jurisdiction sub-group

"5.      It is the position of the GNSO Council that revisiting the jurisdiction or organization of the ICANN legal entity, as established by CCWG-Accountability Work Stream 1,  would not likely be supported by this projected budget and, further, that such inquiry should not be undertaken at this time because the new accountability measures are all premised and dependent on California jurisdiction for their effective operation, and any near-term changes in organizational jurisdiction could be extremely destabilizing for ICANN and its community."

Motion passed unanimously by acclamation.

Item 5: 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-en). On 25 May 2016, the IAG's Final Report, accompanying Appendices and a summary Memo 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.

5.1 – Presentation of the motion (Stephanie Perrin)

5.2 – Discussion

5.3 – Council vote (voting threshold: simple majority)

GNSO Liaison Notes: a first version of this motion had been provided in the previous GNSO Council call (Item 5, 1st September 2016) and was withdrawn due to significant opposition to the motion.

Stephanie Perrin worked to put together another version of this motion. It effectively says: "GNSO Council rejects the report of the IAG" and asks for another PDP to be launched. This motion was unacceptable for contracted parties as there is concern that another PDP to resolve a PDP issue would again add months, if not years of work. After some time discussing the motion, it was agreed that the motion presenter would withdraw it and work on it with other parties until the Hyderabad meeting where face to face discussions of the topic could yield a solution.

Item 6: 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.

6.1 – Presentation of the motion (James Bladel)

6.2 – Discussion

6.3 – Council vote (voting threshold: simple majority)

GNSO Liaison Notes:

Steve del Bianco explained the process by which this proposal was made. The discussion turned around whether the holder of the "empowerment" in the Empowered Community would be the GNSO Council or the Constituencies of the GNSO. It was proposed that the GNSO Council would be trusted with this empowerment. Some names were proposed to take on the interim position. In the meantime, it is clear that the Design Team will not be able to produce a full proposal to the request. Thus the proposal was that, rather than leaving an empty seat in the EC, the GNSO Chair could be a placeholder.

Motion Passes with 2 abstentions (Heather Forrest; Paul McGrady).

Abstention from Heather Forrest was caused by the IPC's concern about the pace at which important decisions needed to be made and there is concern that WS2 is also progressing super fast too - perhaps too fast for some constituencies.

_______________________________

AOB Interlude:

Jonathan Robinson, co-chair of the CWG IANA intervened to explain the IAAN IPR Community Agreement.

Some discussion then continued about the Intellectual Property Issue on IANA.ORG etc. and the proposal that the Names Community selecting its representatives. The IPR Issue is the signing off a final instruction letter that was sent to ICANN, which reflects the CWG¹s appointment of Greg Shatan, Maarten Simon, and Christopher Wilkinson in the IANA IPR Community Agreement.

_______________________________

The next sections appears to have been skipped or is here in error.

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 

GNSO Liaison Notes:

  GNSO Liaison Notes: Item Skipped.

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-16aug16-en.pdf).

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

GNSO Liaison Notes: a quick update from Phil Corwin and no discussion. Item to be discussed further in Hyderabad.

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

GNSO Liaison Notes: item skipped and discussed further in Hyderabad.

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 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

GNSO Liaison Notes: a quick update was given and a new block schedule will be published shortly.

Item 11: Any Other Business (5 minutes)

GNSO Liaison Note: I have shared the details of the At-Large Survey for the At-Large Review and shared the links in the AC Chat.

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https://community.icann.org/display/gnsocouncilmeetings/Agenda+1+September+2016

(draft notes)

Item 1: Administrative matters (5 minutes)

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Item 1: Administrative matters (5 minutes)

1.1 – Roll call

1.2 – Updates to Statements of Interest

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

Item 3: Consent agenda (0 minutes)

Item 4: VOTE ON MOTION – Adoption of Final Report from the Privacy & Proxy Services Accreditation Issues PDP Working Group (20 minutes)

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