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1.4  – Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:

Draft Minutes of the Special Meeting of the GNSO Council meeting of on 14 January 2016 will be posted as approved on  xxxxx 27 January 2016

 

Item 2: Opening Remarks / Review of Projects & Action List (10 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: VOTE ON MOTION – Charter for Policy Development Process (PDP) Working Group on New gTLDs Subsequent ProceduresAdoption of Final Report from the Privacy & Proxy Services Accreditation Issues PDP Working Group (15 minutes)In June 2015, the GNSO Council requested an Issue Report to analyze subjects that may lead to changes or adjustments for subsequent New gTLD procedures, including any modifications that may be needed to the GNSO’s policy principles and recommendations from its 2007 Final Report on the Introduction of New Generic Top Level Domains. Preparation of the Preliminary Issue Report was based on a set of deliverables from the GNSO’s New gTLD Subsequent Procedures Discussion Group (DG) as the

basis for analysis. The Preliminary Issue Report was published for public comment on 31 August 2015, and the comment period closed on 30 October as a result of a request by the GNSO Council to extend the usual 40-day comment period. The Final Issue Report was submitted to the GNSO Council on 4 December 2015. During its meeting on 17 December, the Council initiated the PDP but deferred consideration of the Charter for the PDP Working Group to this This PDP had been requested by the ICANN Board when initiating negotiations with the Registrar Stakeholder Group in October 2011 for a new form of Registrar Accreditation Agreement (RAA). The 2013 RAA was approved by the ICANN Board in June 2013, at which time the accreditation of privacy and proxy services was identified as the remaining issue not dealt with in the negotiations or in other policy activities, and that was suited for a PDP. In October 2013, the GNSO Council chartered the Privacy & Proxy Services Accreditation Issues PDP Working Group to develop policy recommendations intended to guide ICANN’s implementation of the planned accreditation program for privacy and proxy service providers. The PDP Working Group published its Initial Report for public comment in May 2015, and delivered its Final Report to the GNSO Council on 7 December 2015. Consideration of this item was deferred from the 17 December meeting. Here the Council will review the revised charter for adoptionthe Working Group’s Final Report, and vote on whether to adopt the consensus recommendations contained in it.

4.1 – Presentation of the motion (Donna AustinJames Bladel)

4.2 – Discussion

4.3 – Council vote (voting threshold: an affirmative vote of more than onetwo-third thirds (12/3) of each House or more than twothree-thirds fourths (23/34) of one House and one-half (1/2) of the other House)

 

Item 5: VOTE ON MOTION – Adoption of Final Report from the Privacy & Proxy Services Accreditation Issues PDP Working Group (20 minutes)This PDP had been requested by the ICANN Board when initiating negotiations with the Registrar Stakeholder Group in October 2011 for a new form of Registrar Accreditation Agreement (RAA). The 2013 RAA was approved by the ICANN Board in June 2013, at which time the accreditation of privacy and proxy services was identified as the remaining issue not dealt with in the negotiations or in other policy activities, and Charter for Policy Development Process (PDP) Working Group on New gTLDs Subsequent Procedures(15 minutes)

In June 2015, the GNSO Council requested an Issue Report to analyze subjects that may lead to changes or adjustments for subsequent New gTLD procedures, including any modifications that may be needed to the GNSO’s policy principles and recommendations from its 2007 Final Report on the Introduction of New Generic Top Level Domains. Preparation of the Preliminary Issue Report was based on a set of deliverables from the GNSO’s New gTLD Subsequent Procedures Discussion Group (DG) as the basis for analysis. The Preliminary Issue Report was published for public comment on 31 August 2015, and the comment period closed on 30 October as a result of a request by the GNSO Council to extend the usual 40-day comment period. The Final Issue Report was submitted to the GNSO Council on 4 December 2015. During its meeting on 17 December, the Council initiated the PDP but deferred consideration of the Charter for the PDP Working Group to this that was suited for a PDP. In October 2013, the GNSO Council chartered the Privacy & Proxy Services Accreditation Issues PDP Working Group to develop policy recommendations intended to guide ICANN’s implementation of the planned accreditation program for privacy and proxy service providers. The PDP Working Group published its Initial Report for public comment in May 2015, and delivered its Final Report to the GNSO Council on 7 December 2015. Consideration of this item was deferred from the 17 December meeting. Here the Council will review the Working Group’s Final Report, and vote on whether to adopt the consensus recommendations contained in itrevised charter for adoption.

5.1 – Presentation of the motion (James BladelDonna Austin)

5.2 – Discussion

5.3 – Council vote (voting threshold: an affirmative vote of more than twoone-thirds third (21/3) of each House or more than threetwo-fourths thirds (2/3/4) of one House and one-half (1/2) of the other House)

 

Item 6: Vote on motion: Initiation of Policy Development Process (PDP) to review all RPMs in all gTLDs for (20 15 minutes)

In December 2011 the GNSO Council requested a new Issue Report on the current state of all rights protection mechanisms implemented for both existing and new gTLDs, including but not limited to, the UDRP and URS. The Final Issue Report on New gTLD Subsequent Procedures was published on 11 January 2015 at http://gnso.icann.org/en/group-activities/active/rpm. The Final Issue Report recommends that the GNSO Council proceed with a two-phased Policy Development Process (PDP) in order to the review Rights Protection Mechanisms in the new gTLDs and, in a subsequent, second phase, review the Uniform Dispute Resolution Policy (UDRP), and the General Counsel of ICANN has indicated the review topics are properly within the scope of the ICANN policy process and within the scope of the GNSO. Here the Council will review the report, including the draft Charter setting out the proposed scope of the PDP, and vote on whether to initiate the PDP and adopt the Charter.

6.1 – Presentation of the motion (Amr Elsadr)

6.2 – Discussion

6.3 – Council vote (voting threshold: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House)

ITEM 7: UPDATE & Discussion – GNSO Review (15 minutes)

As part of ICANN's Bylaws-mandated periodic review of its structures, the ICANN Board's Structural Improvements Committee appointed Westlake Governance as the independent examiner to conduct the current review of the performance and operations of the GNSO. A GNSO Working Party, chaired by former Councillor Jennifer Wolfe and comprising representatives of all the GNSO's Stakeholder Groups and Constituencies, was formed to consult with Westlake over the design and conduct of the review. Westlake's Draft Report was published for public comment on 1 June 2015. Following feedback received, including from the GNSO Working Party, Westlake published its Final Report on 15 September. The Working Party has been reviewing the recommendations to develop guidance for the GNSO Council and ICANN Board’s consideration in relation to the implementability and priority of these recommendations. Here the Council will receive an update from the Review Working Party and discuss next steps.

7.1 – Update (Jen Wolfe)

7.2 – Discussion

7.3 – Next steps

 

Item 8: UPDATE & Discussion  – Cross-Community Working Group on Enhancing ICANN Accountability (10 minutes)

In the course of discussions over the IANA stewardship transition, the community had raised concerns about ICANN's accountability, given ICANN’s historical contractual relationship with the United States government. The community discussions indicated that existing ICANN accountability mechanisms do not yet meet some stakeholders’ expectations. As that the U.S. government (through the National Telecommunications and Information Administration (NTIA)) has stressed that it expects community consensus on the transition, this gap between the current situation and stakeholder expectations needed to be addressed. This resulted in the creation of a Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) of which the GNSO is a chartering organization.

The CCWG-Accountability’s Third Draft Proposal was published for public comment on 30 November 2015. The GNSO Council discussed input to this proposal during its meeting on 14 January 2016. Here the Council will receive an update on the progress of the CCWG -Accountability, specifically the timeline and consideration of input provided by the GNSO Council and its SG/Cs.

8.1 – Update (Thomas Rickert)

8.2 – Discussion

8.3 – Next steps

 

the proposed scope of the PDP, and vote on whether to initiate the PDP and adopt the Charter.

6.1 – Presentation of the motion (Amr Elsadr)

6.2 – Discussion

6.3 – Council vote (voting threshold: an affirmative vote of more than one-third (1/3) of each House or more than two-thirds (2/3) of one House)

 

Item 7: Vote on motion – Cross-Community Working Group on Enhancing ICANN Accountability (30 minutes)

 

In the course of discussions over the IANA stewardship transition, the community had raised concerns about ICANN's accountability, given ICANN's historical contractual relationship with the United States government. The community discussions indicated that existing ICANN accountability mechanisms do not yet meet some stakeholders' expectations. As that the U.S. government (through the National Telecommunications and Information Administration (NTIA)) has stressed that it expects community consensus on the transition, this gap between the current situation and stakeholder expectations needed to be addressed. This resulted in the creation of a Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) of which the GNSO is a chartering organization.

In May 2015, the CCWG-Accountability published an initial proposal regarding its work on Work Stream 1 (meant to align with the timing of the IANA stewardship transition) for public comment. In August 2015, the CCWG-Accountability published its Second Draft Proposal for public comment. This second proposal included significant changes to the initial document, arising from feedback received in the first public comment period. Following community input, including from the ICANN Board, and discussions at several sessions during ICANN54, the CCWG-Accountability made further adjustments to its draft recommendations, resulting in its Third Draft Proposal that was published for public comment on 30 November 2015. The comment period closed on 21 December 2015, with all Chartering Organizations expected to consider whether to adopt the recommendations in time for the CCWG-Accountability to send its final report on Work Stream 1 to the ICANN Board by late January 2016.

 

Concurrently, the IANA Stewardship Transition Coordination Group (ICG) – the community group formed to consolidate the various proposals relating to the IANA stewardship transition submitted by the Internet communities affected by the issue – announced after ICANN54 that it had completed its task. However, before the ICG can send its consolidated proposal to the NTIA via the ICANN Board, it will first have to confirm with the Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship) that its accountability requirements have been met by the Work Stream 1 recommendations from the CCWG-Accountability. In this regard, the CWG-Stewardship had submitted a public comment which, while noting that several of the CCWG-Accountability's latest recommendations adequately satisfied the CWG-Stewardship's requirements, nevertheless highlighted a number of points that in its view merited further attention.

In order to meet the CCWG-Accountability's planned timeline, the GNSO Council had agreed at its December 2015 meeting to form a Sub Team that was to review all the various public comments from the GNSO's Stakeholder Groups and Constituencies. The GNSO Council had an initial discussion on the proposed responses provided by the Sub Team during its meeting on 14 January, following which an updated version of the proposed response was circulated [include link when available]. Here the Council will discuss the updated proposed response developed by the Sub Team, and if appropriate vote on whether to submit this response to the CCWG-Accountability.

7.1 – Presentation of the motion (James Bladel)

7.2 – Discussion

7.3 – Council vote (voting threshold: simple majority)

 

Item 8Item 9: UPDATE & Discussion – Marrakesh Meeting Planning (10 minutes)

During the Dublin meeting, Susan Kawaguchi and Amr Elsadr volunteered to work with the GNSO Council Leadership on the development of the proposed agenda for the GNSO Weekend Session in Marrakech. Here the Council will receive a status update on the planning for Marrakesh and any action that may be required from the GNSO Council.

98.1 – Status update (Susan Kawaguchi / Amr Elsadr)

98.2 – Discussion

98.3 – Next steps

 

Item 109:Any Other Business (10 Minutes)

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