Motion on ICANN Bylaw Recommendation
Made by Jeff Neuman
Seconded by Volker Greimann
WHEREAS, the ICANN Bylaws currently state: There shall be a policy-development body known as the Generic Names Supporting Organization (GNSO), which shall be responsible for developing and recommending to the ICANN Board substantive
policies relating to generic top-level domains;
WHEREAS, the Board Governance Committee has recognized in Reconsideration Request 13-3 that "As of now, there is no defined policy or process within ICANN that requires Board or staff consultation with the GNSO Council if the Board or staff is acting in contravention to a statement made by the GNSO Council outside of the PDP"; and
WHEREAS, the GNSO Council believes that such a defined policy or process is now needed.
RESOLVED: The GNSO Council recommends that the ICANN Bylaws be amended to:
a) add a second sentence to Article X, Section 1 such that Section 1 would now read: "There shall be a policy-development body known as the Generic Names Supporting Organization (GNSO), which shall be responsible for developing and
recommending to the ICANN Board substantive policies relating to generic top-level domains. The GNSO is also responsible for providing advice to the ICANN Board on the implementation of policies relating to generic top-level domains."
b) include language requiring a formal consultation process in the event that the ICANN Board determines to take an action that is not consistent with GNSO advice. Such process shall require the ICANN Board to state the reasons why it
decided not to follow GNSO advice, and be followed in a timely manner, with a consultation in which the GNSO and the ICANN Board attempt in good faith to find a mutually acceptable solution. If no such solution can be found, the
ICANN Board will state in its final decision the reasons why the GNSO advice was not followed.
FURTHER RESOLVED that the GNSO recommends the above to apply whether or not the policy development process as set forth in Article X, section 6 were followed.
