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Proposed Agenda for the GNSO Council Public Meeting in Marrakech 9 March 2016

This agenda was established according to the GNSO Council Operating Procedures, approved and updated on 24 June 2015.

For convenience:

  • An excerpt of the ICANN Bylaws defining the voting thresholds is provided in Appendix 1 at the end of this agenda.
  • An excerpt from the Council Operating Procedures defining the absentee voting procedures is provided in Appendix 2 at the end of this agenda.


Coordinated Universal Time: 13:30 UTC

05:30 Los Angeles; 08:30 Washington; 13:30 London; 15:30 Istanbul; 00:30 Hobart

GNSO Council Meeting Audio Cast
To join the event click on the link: http://stream.icann.org:8000/gnso.m3u

Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call.

___________________________________________

 

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:
Draft minutes
Minutes of the meeting of the GNSO Council on 21 January 18 February 2016 were posted as approved on 4 February 6 March 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 (5 minutes)

3.1 – Approve appointment of co-chairs for the New gTLD Subsequent Procedures Policy Development Process Working Group (co-chairs: Stephen Coates, Avri Doria, Jeff Neuman; Council liaison: Paul McGrady)

 

 

...

Item 4: VOTE – Approval of Proposed Approach for Implementing Recommendations from the Cross-Community Working Group on Enhancing ICANN Accountability (45 GNSO Review (5 minutes)

 

In the course of discussions over the IANA stewardship transition, the community had raised concerns about As part of 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 the US 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 for public comment. Following significant changes made as a result of feedback received, the CCWG-Accountability published its Second Draft Proposal for public comment in August 2015. With the assistance of further 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.

 

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 needs confirmation from 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 to the CCWG-Accountability 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.

Following a Special Meeting on 14 January 2016, the GNSO Council had approved a letter setting out its response to the recommendations in the Third Draft Proposal. This was sent to the CCWG-Accountability on 22 January.

In response to the community input to its Third Draft Proposal, the CCWG-Accountability reworked some of its draft recommendations, resulting in a Final Supplemental Proposal that was sent to all its Chartering Organizations on 23 February (see https://www.icann.org/news/blog/ccwg-accountability-delivers-report-to-chartering-organization).The Supplemental Final Proposal on Work Stream 1 Recommendations has the consensus support of the CCWG-Accountability, and contains five minority statements (see revised Appendix A, circulated to all Chartering Organizations on 25 February).

On 29 February, the GNSO Council held a Special Meeting that included all the GNSO representatives to the CCWG-Accountability. The purpose of the meeting was to receive initial feedback from all the GNSO’s Stakeholder Groups and Constituencies, and to identify any remaining issues of concern that may require further discussion amongst the GNSO community. Here the Council will review the final comments from of all its SG/C, and, taking into account further discussions occurring during ICANN55, vote on whether or not to adopt the recommendations from the CCWG-Accountability as set forth in the Supplemental Final Proposal.

4.1 – Update (Thomas Rickert, GNSO co-chair of the CCWG-Accountability)

4.2 – Presentation of the motion  (James Bladel)

4.3 – Discussion

4.4 – Council vote (voting threshold: simple majority)

 

Item 5: COUNCIL VOTE - Approval of Charter for a PDP Working Group to review all RPMs in all gTLDs (20 minutes)

On 18 February 2016, the GNSO Council voted unanimously to initiate a new Policy Development Process (PDP) to review all Rights Protection Mechanisms (RPMs) in all gTLDs (see http://gnso.icann.org/en/council/resolutions#20160218-3). At that meeting, a small group of Councilors volunteered to review the draft Charter for the PDP Working Group, with a view to submitting an updated Charter for the Council’s review and approval at the Marrakech meeting. The draft Charter had been based substantially on the approach recommended in the Final Issue Report, published on 11 January 2015 (see http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf). This recommended that the GNSO Council proceed with a two-phased PDP, with the first phase focused on a review of the RPMs developed for the New gTLD Program and the subsequent, second phase on a review of the longstanding Uniform Dispute Resolution Policy (UDRP). A Working Group Charter typically also sets out the scope of work for the PDP Working Group and includes a list of topics identified previously by the community for the Working Group to consider including as part of its work. Here the Council will consider the updated draft Charter and vote on whether to adopt it.

5.1 – Presentation of the motion  (Phil Corwin)

5.2 – Discussion

5.3 – 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 6: VOTE – Approval of Proposed Approach for Implementing Recommendations from the GNSO Review (10 minutes)

As part of ICANN's Bylaws-mandated periodic review of its structures, the ICANN Board's Structural Improvements Committee (now known as the Organizational Effectiveness 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 reviewed all the recommendations to develop guidance for the GNSO Council and ICANN Board in relation to the implementability and prioritization of the recommendations. The Council received a written update from the Working Party chair on 29 January, and the Working Party’s proposed Implementation and Feasibility Analysis  was sent to the Council on 28 February.

Here the Council will review the Working Party’s Implementation and Feasbility Analysis, and vote on its adoption as well as agree on next steps in the process.

6.1 – Presentation of the motion  (Wolf-Ulrich Knoben)

6.2 – Discussion

Bylaws-mandated periodic review of its structures, the ICANN Board's Structural Improvements Committee (now known as the Organizational Effectiveness 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 reviewed all the recommendations to develop guidance for the GNSO Council and ICANN Board in relation to the implementability and prioritization of the recommendations. The Council received a written update from the Working Party chair on 29 January, and the Working Party’s proposed Implementation and Feasibility Analysis was sent to the Council on 28 February.

Here the Council will review the Working Party’s Implementation and Feasbility Analysis, and vote on its adoption as well as agree on next steps in the process.

4.1 – Presentation of the motion  (Wolf-Ulrich Knoben)

4.2 – Discussion

4.3 – Council vote (voting threshold: simple majority)

 

Item 5: COUNCIL VOTE - Approval of Charter for a PDP Working Group to review all RPMs in all gTLDs (15 minutes)

On 18 February 2016, the GNSO Council voted unanimously to initiate a new Policy Development Process (PDP) to review all Rights Protection Mechanisms (RPMs) in all gTLDs (see http://gnso.icann.org/en/council/resolutions#20160218-3). At that meeting, a small group of Councilors volunteered to review the draft Charter for the PDP Working Group, with a view to submitting an updated Charter for the Council’s review and approval at the Marrakech meeting. The draft Charter had been based substantially on the approach recommended in the Final Issue Report, published on 11 January 2015 (see http://gnso.icann.org/en/issues/new-gtlds/rpm-final-issue-11jan16-en.pdf). This recommended that the GNSO Council proceed with a two-phased PDP, with the first phase focused on a review of the RPMs developed for the New gTLD Program and the subsequent, second phase on a review of the longstanding Uniform Dispute Resolution Policy (UDRP). A Working Group Charter typically also sets out the scope of work for the PDP Working Group and includes a list of topics identified previously by the community for the Working Group to consider including as part of its work. Here the Council will consider the updated draft Charter and vote on its adoption.

5.1 – Presentation of the motion  (Phil Corwin)

5.2 – Discussion

5.3 – 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 6: VOTE – Approval of Recommendations from the Cross-Community Working Group on Enhancing ICANN Accountability (55 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 the US 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 for public comment. Following significant changes made as a result of feedback received, the CCWG-Accountability published its Second Draft Proposal for public comment in August 2015. With the assistance of further 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.

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 needs confirmation from 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 to the CCWG-Accountability 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.

Following a Special Meeting on 14 January 2016, the GNSO Council had approved a letter setting out its response to the recommendations in the Third Draft Proposal. This was sent to the CCWG-Accountability on 22 January.

In response to the community input to its Third Draft Proposal, the CCWG-Accountability reworked some of its draft recommendations, resulting in a Final Supplemental Proposal that was sent to all its Chartering Organizations on 23 February (see https://www.icann.org/news/blog/ccwg-accountability-delivers-report-to-chartering-organization).The Supplemental Final Proposal on Work Stream 1 Recommendations has the consensus support of the CCWG-Accountability, and contains five minority statements (see revised Appendix A, circulated to all Chartering Organizations on 25 February).

On 29 February, the GNSO Council held a Special Meeting that included all the GNSO representatives to the CCWG-Accountability. The purpose of the meeting was to receive initial feedback from all the GNSO’s Stakeholder Groups and Constituencies, and to identify any remaining issues of concern that may require further discussion amongst the GNSO community. For its discussions on whether and how to adopt the Supplemental Final Proposal, the GNSO Council followed a specific agreed approach [INSERT LINK]. Here the Council will review the final comments from of all its SG/Cs, and, taking into account further discussions occurring during ICANN55, vote on whether or not to adopt the recommendations from the CCWG-Accountability as set forth in the Supplemental Final Proposal.

6.1 – Update (Thomas Rickert, GNSO co-chair of the CCWG-Accountability)

6.2 – Presentation of the motion  (James Bladel)

6.3 – Discussion

6.4 6.3 – Council vote (voting threshold: simple majority) 


Item 7: DISCUSSION – RDAP Implementation (15 minutes)

...

7.1 – Update (James Bladel?)

7.2 – Discussion

7.3 – Next steps

...

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