Motion to Request an Issue Report on the Uniformity of Reporting
Made by: John Berard
Seconded by: Wolf-Ulrich Knoben
Whereas the Registration Abuse Policies Working Group (RAPWG) identified in its Final Report the ‘need for more uniformity in the mechanisms to initiate, track, and analyze policy-violation reports’;
Whereas the RAPWG as a result recommended in its Final Report that ‘the GNSO and the larger ICANN community in general, create and support uniform reporting processes’;
Whereas the GNSO Council at its meeting on 6 October 2011 requested 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;
Whereas the ICANN Compliance Department provided a response to the GNSO Council on 18 March 2012 and presented it to the GNSO Council at its meeting on 12 April 2012 (see http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-uniformity-16mar12-en.pdf);
Whereas the GNSO Council discussed the RAPWG recommendation in light of the feedback received from the ICANN Compliance Department and Mikey O’Connor volunteered to provide some further thoughts on how the RAPWG recommendation could be implemented;
Whereas Mikey O’Connor submitted his proposed approach to the GNSO Council on 3 September 2012 (see http://gnso.icann.org/mailing-lists/archives/council/msg13484.html);
Whereas the GNSO Council reviewed and discussed the proposed approach at its meeting on 13 September 2012.
RESOLVED,
The GNSO Council requests an Issue Report on the current state of uniformity in the mechanisms to initiate, track, and analyze policy-violation reports. This issue report should consider the issues highlighted in:
- The RAPWG Final Report, section 9.1 (http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf)
- The ICANN Compliance Department Report (http://gnso.icann.org/issues/rap/contractual-compliance-report-reporting-uniformity-16mar12-en.pdf)
- Thought paper from Mikey O’Connor (http://gnso.icann.org/mailing-lists/archives/council/msg13484.html)
In addition to covering the required elements of an Issue Report, ICANN Staff is also explicitly requested to provide its recommendation(s) on how this issue can be further addressed outside of a PDP if recommendations in relation to this issue do not require consensus policies to implement.
Motion on the Initiation of a Policy Development Process on Uniformity of Contracts to Address Registration Abuse
Made by: Zahid Jamil
Seconded by:
Whereas the Registration Abuse Policies Working Group (RAPWG) recommended in its Final Report 'the creation of an Issues 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';
Whereas the GNSO Council requested 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 on 6 October 2011;
Whereas ICANN Staff posted the Preliminary Issue Report on Uniformity of Contracts on 25 July 2012 for public comment (see http://www.icann.org/en/news/public-comment/uoc-prelim-issue-report-25jul12-en.htm);
Whereas ICANN Staff reviewed the comments received and updated the report accordingly;
Whereas the Final Issue Report on Uniformity of Contracts was published on 20 September 2012;
Whereas, the Final Issue Report recommends that the GNSO Council proceed with a Policy Development Process limited to consideration of the issues discussed in this report, and the General Counsel of ICANN has indicated the topic is properly within the scope of the ICANN policy process and within the scope of the GNSO.
THEREFORE BE IT:
Resolved, the GNSO will initiate a PDP on the issues defined in the Final Issue Report on Uniformity of Contracts (link)
Resolved, a DT will be formed to create a charter for a Working Group, which will be submitted to the GNSO Council for its approval.
Resolved, following the approval of the charter, a Working Group will be created for the purpose of fulfilling the requirements of the PDP."
