1. MOTION RE. REVISION OF THE GNSO COUNCIL OPERATING PROCEDURES RELATING TO PROXY VOTING
Made by: Wolf-Ulrich Knoben
Seconded by: Stéphane van Gelder
WHEREAS, the GNSO Council recently identified areas for improvement in the GNSO Council Operating Procedures that would simplify and clarify the procedures relating to proxy voting;
WHEREAS, the GNSO Council tasked the Operations Steering Committee (OSC) with completing a revision to improve the procedures relating to proxy voting;
WHEREAS, the OSC submitted to the GNSO Council on 14 June 2011 recommended revisions to the GNSO Council Operating Procedures in terms of how the proxy giver assigns a vote to the proxy holder to simplify and clarify the procedures and avoid contradicting the internal procedures of some constituencies;
WHEREAS, at its meeting on 22 June the GNSO Council acknowledged receipt of the recommended revisions submitted by the OSC and directed Staff to produce a redlined revision of the GNSO Council Operating Procedures incorporating the recommended revisions and to post the document for twenty-one (21) days in the ICANN Public Comment Forum;
WHEREAS, Staff produced a redlined revision of the GNSO Council Operating Procedures of Proposed Revisions to Chapters 3 and 4 Relating to Proxy voting http://gnso.icann.org/council/gnso-op-procedures-revisions-19jul11-en.pdf and posted it for Public Comment beginning 19 July and ending 09 August 2011;
WHEREAS, Staff published a Report of Public Comments http://www.icann.org/en/public-comment/report-comments-gnso-proxy-voting-11aug11-en.pdf indicating that no comments were received;
NOW THEREFORE, BE IT:
RESOLVED that the GNSO Council adopts the Proposed Revisions to Chapters 3 and 4 of the GNSO Council Operating Procedures http://gnso.icann.org/council/gnso-op-procedures-revisions-19jul11-en.pdf to simplify and clarify proxy voting including three rules: 1) it may either be directed, if applicable, by the proxy giver’s appointing organization; 2) the proxy giver may instruct the proxy holder how to cast the vote; and 3) in the absence of any instruction the proxy holder may vote freely on conscience.
RESOLVED FURTHER the GNSO Council instructs ICANN staff to incorporate the revisions into a new version of the GNSO Operating Procedures (GOP), which becomes effective immediately upon adoption.
RESOLVED FURTHER that as the OSC has completed all of its tasks the GNSO Council hereby disbands the OSC and its Work Teams and expresses its gratitude and appreciation to the members of the OSC and its Work Teams for their dedication, commitment, and thoughtful recommendations.
2. Motion to Address the Remaining Registration Abuse Policies Working Group Recommendations
Made by: Zahid Jamil
Seconded by:
Whereas the Registration Abuse Policies (RAP) Working Group submitted its report to the GNSO Council on 29 May 2010 (see http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf);
Whereas the GNSO Council reviewed the report and its recommendations and decided to form an implementation drafting team to draft a proposed approach with regard to the recommendations contained in the Registration Abuse Policies Working Group Final Report;
Whereas the Registration Abuse Policies Implementation Drafting Team submitted its proposed response to the GNSO Council on 15 November 2010 (see http://gnso.icann.org/correspondence/rap-idt-to-gnso-council-15nov10-en.pdf);
Whereas the GNSO Council considered the proposed approached at its Working Session at the ICANN meeting in Cartagena;
Whereas the GNSO Council acted on a number of RAP recommendations at its meeting on 3 February 2011 (see http://gnso.icann.org/resolutions/#201102);
Whereas the GNSO Council requested feedback from ICANN Compliance in relation to WHOIS Access recommendation #2 and Fake Renewal Notices recommendation #1 and a response was received on 23 February 2011 (http://gnso.icann.org/mailing-lists/archives/council/msg10766.html). In addition, a discussion with Compliance Staff was held at the ICANN meeting in San Francisco.
Whereas the GNSO Council considered the remaining RAP recommendations in further detail during its working session at the ICANN meeting in Singapore based on an overview prepared by ICANN Staff (see http://gnso.icann.org/correspondence/overview-rapwg-recommendations-18may11-en.pdf).
NOW THEREFORE BE IT:
RESOLVED, the GNSO Council thanks the ICANN Compliance Department for its feedback in relation to WHOIS Access recommendation #2 and determines that no further work on this recommendation is needed. The GNSO Council welcomes the commitment of the ICANN Compliance Department ‘to report on compliance activities and publish data about WHOIS accessibility, on at least an annual basis' (see (http://gnso.icann.org/mailing-lists/archives/council/msg10766.html).
RESOLVED, the GNSO Council thanks the ICANN Compliance Department for its feedback in relation to Fake Renewal Notices recommendation #1 and determines that no further work on this recommendation is needed.
RESOLVED, the GNSO Council determines that additional information is needed from the Registrar Stakeholder Group with regard to the conditional Fake Renewal Notices recommendation #2 before an Issue Report should be requested of Staff. The GNSO Council hereby requests that the Registrar Stakeholder Group provide further information and data on the nature and scope of the issue of Fake Renewal Notices to help inform the GNSO Council’s and its RAP WG deliberations on whether an Issue Report should be requested. A small group of volunteers consisting of registrar representatives and others interested (including former RAP WG members) should be formed to prepare such a request, work with the Registrar Stakeholder Group to obtain the information requested and report back to the GNSO Council accordingly.
RESOLVED, in response to WHOIS Access recommendation #1, the GNSO Council requests the WHOIS Survey Drafting Team to consider including the issue of WHOIS Access as part of the survey it has been tasked to develop. If the WHOIS Survey Drafting Team is of the view that it is not appropriate or timely to include WHOIS Access as part of the survey, it should inform the GNSO Council accordingly so that the GNSO Council can determine what next steps, if any, might be appropriate at this stage in relation to this recommendation.
RESOLVED, with regard to the recommendation on Meta Issue: Collection and Dissemination of Best Practices, the GNSO Council acknowledges receipt of this recommendation and determines to defer its consideration until it evaluates the outcome of Malicious Use of Domain Names recommendation #1, which aims to develop best practices to help registrars and registries address the illicit use of domain names. In light of the pending request to Staff to develop a Discussion Paper on the Malicious Use of Domain Names, the GNSO Council believes that the upcoming review and analysis of this Discussion Paper may serve to inform the Council of the issues related to the Meta Issue: Collection and Dissemination of Best Practices recommendation.
RESOLVED, in regard to the recommendations on cross-TLD Registration Scam and Domain Kiting/Tasting, the GNSO Council Chair shall communicate to the Security and Stability Advisory Committee (SSAC) the findings of the RAP WG in this regard and request that the SSAC consider evaluating and/or monitoring these abuses. If the SSAC elects to conduct this work, the GNSO Council requests that the SSAC inform the GNSO Council if it believes that further policy work by the GNSO Council should be undertaken to address these two types of abuse. In addition, the GNSO Council suggests that the issue of cross-TLD registration scam be included in the agenda of its next meeting with the ccNSO Council since this type of abuse may also affect ccTLDs.
RESOLVED, in response to the recommendation on Meta Issue: Uniformity of Reporting, the GNSO Council acknowledges receipt of this recommendation, and hereby requests the ICANN Compliance Department to report on existing systems to report and track violations and/or complaints; improvements / changes made since the RAPWG Report or foreseen in the near future, and: identify gaps and any improvements that might be desirable but not foreseen at this stage. Further consideration of this Meta Issue, including the recommendations and considerations of the RAP WG in this regard, is deferred pending receipt of such information from the ICANN Compliance Department.
RESOLVED, in response to the recommendation on Uniformity of Contracts, the GNSO Council requests an Issue Report to evaluate whether a minimum baseline of registration abuse provisions should be created for all in scope ICANN agreements, and if created, how such language would be structured to address the most common forms of registration abuse.
RESOLVED, in response to the recommendations on Gripe Sites, Deceptive and/or Offensive Domain Names recommendation #2, and; Cybersquatting recommendation #2, since the RAPWG did not achieve consensus on these recommendations, the GNSO Council defers undertaking further policy work on these recommendations at this time.
RESOLVED, in response to Gripe Sites; Deceptive and/or Offensive Domain Names recommendation #1, the GNSO Council acknowledges receipt of this recommendation, and agrees with the RAPWG that no further action is called for at this time.
MOTION TO CREATE JOINT WORKING GROUP ON CONSUMER CHOICE, COMPETITION, AND INNOVATION (CCI):
Made by: Rosemary Sinclair
seconded by:
Whereas, on 10 December 2010, the ICANN Board adopted Resolution 30 (http://www.icann.org/en/minutes/resolutions-10dec10-en.htm#) requesting advice from the GNSO, CCNSO, ALAC and GAC on establishing the definition, measures, and three year targets for those measures, for competition, consumer trust and consumer choice in the context of the domain name system, such advice to be provided for discussion at the ICANN International Public meeting in San Francisco from 13-18 March 2011;
Whereas, since the receipt of this request, the GNSO Council has conducted preliminary work (led by Rosemary Sinclair) to develop these metrics through various workshops conducted at the Cartagena ICANN Meeting, and the Singapore ICANN Meeting;
Whereas, as a result of these preliminary activities, there is a desire to form a joint working group with any of these SO/ACs interested in participating in this joint effort to fulfill this Board request, in accordance with the Draft Charter (attached) presented to the GNSO Council.
NOW THEREFORE, BE IT:
Resolved, that the GNSO Council directs that a joint working group be formed to produce a report for consideration by SOs /ACs to assist them to respond to the Board request for establishing the definition, measures, and three year targets for those measures, for competition, consumer trust and consumer choice in the context of the domain name system;
Resolved further, that this newly formed joint working group is not authorized to forward to, or otherwise communicate its findings directly with, the ICANN Board;
Resolved further, that Rosemary Sinclair shall serve as the GNSO Council Liaison for this joint working group;
Resolved further, it is recognized that the Consumer Choice, Competition, and Innovation (CCI) WG has already met informally and commenced activities in furtherance of this effort. Until such time as the WG can select a chair and that chair can be confirmed by the GNSO Council, the GNSO Council Liaison shall act as interim chair; and
Resolved further, that the Charter (attached) is hereby approved for the CCI WG. As specified in the Charter, a Working Group Update Report is to be produced for consideration at the ICANN Dakar Meeting in October, 2011.
Resolved further, that in the event that no other SO/AC approves of the terms of this Charter, the CCI WG shall continue to proceed as a GNSO Council chartered joint Working Group.
