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  1. MOTION – Acceptance of the Report from the GNSO Bylaws Implementation Drafting Team - as amended

(Motion deferred to 7 November 2016 from 13 October 2016 - deferred to 1 December 2016)

Made by: James Bladel

Seconded by: Rubens Kuhl

WHEREAS:

1.         On 30 June 2016 the GNSO Council approved the creation of a Drafting Team (DT) that was to work with ICANN staff to “fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities”;

2.         In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan “which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016”;

3.         During the course of the DT’s work, strongly divergent views were expressed on the role of the GNSO Council in the Empowered Community, leading to the production of a Final Report which included a minority report; and

4.         The DT submitted its Final Report to the GNSO Council on 12 October 2016 (https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf).    The GNSO Council has reviewed the DT’s report.

 

RESOLVED:

 

1.         The GNSO Council accepts the recommendations in the DT’s report as submitted.

2.         The GNSO Council directs ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO. The GNSO Council requests that ICANN Legal evaluate whether the proposed modifications are consistent with the post-transition Bylaws and report their findings to the GNSO Council.

3.         The GNSO Council requests that members of the DT make themselves available for consultation by ICANN Policy Staff as needed.

4.         In acknowledgement of the divergent views within the DT, the GNSO Council directs 4.      ICANN Policy Staff to post the DT Final Report, including the minority report, and all proposed modifications or new procedures for public comment for no less than 40 days. The GNSO Council expects that any comments received will be given meaningful consideration.

5.         As resolved previously, the GNSO Council intends to subject the adoption of the proposed modifications to existing procedures and/or ICANN Bylaws to a GNSO Supermajority vote.

6.         The GNSO Council thanks the DT for its collaborative effort, especially in view the limited time frame available to the DT.

 

Adoption of the GNSO Review of GAC Communiqué for submission to the ICANN Board

 Made by: Paul McGrady

Seconded by:

Whereas,

 

  1. The Governmental Advisory Committee advises the ICANN Board on issues of public policy, and especially where there may be an interaction between ICANN's activities or policies and national laws or international agreements. It usually does so as part of a Communiqué, which is published towards the end of every ICANN meeting.
  2. The GNSO is responsible for developing and recommending to the ICANN Board substantive policies relating to generic top-level domains.
  3. The GNSO has expressed a desire to provide feedback to the ICANN Board on issues in the GAC Communiqué as these relate to generic top-level domains to inform the ICANN Board as well as the broader community of past, present or future gTLD policy activities that may directly or indirectly relate to advice provided by the GAC.
  4. The GNSO hopes that the input provided through its review of the GAC Communiqué will further enhance the co-ordination and promote the sharing of information on gTLD related policy activities between the GAC, Board and the GNSO.

 

Resolved,

  1. The GNSO Council adopts the GNSO Review of the Hyderabad GAC Communiqué (see [include link]) and requests that the GNSO Council Chair communicate the GNSO Review of the Hyderabadi GAC Communiqué to the ICANN Board.
  2. Following the communication to the ICANN Board, the GNSO Council requests that the GNSO Council Chair informs the GAC Chair as well as the GAC-GNSO Consultation Group of the communication between the GNSO Council and the ICANN Board.
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