Page History
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4.3 – Council vote (voting threshold: simple majority)
Item 5: COUNCIL VOTE – Approval of Appointment of an Interim GNSO Representative to the Empowered Community Administration Adoption of Implementation Advisory Group Recommendations to Update Procedure on WHOIS Conflicts with National Laws (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.
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 PolicyOn 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.
5.1 – Presentation of the motion (James BladelStephanie Perrin)
5.2 – Discussion
5.3 – Council vote (voting threshold: simple majority)
Item 6: 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.
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 workIn 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.
6.1 – Presentation of the motion (Stephanie PerrinJames Bladel)
6.2 – Discussion
6.3 – Council vote (voting threshold: simple majority)
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)
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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.
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7.2 – Council discussion
7.3 – Next steps
Item 8: COUNCIL DISCUSSION – ICANN Board Letter on New gTLD Subsequent Procedures (15 minutes)
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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.
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