[Abu Dhabi Meeting] Final Agendas GNSO Council Meeting Part I and II - 1 November 2017 at 13:00 local time

Rafik Dammak rafik.dammak at GMAIL.COM
Wed Oct 25 18:42:56 EEST 2017


Hi all,

Please find below the agendas and information about the 2 GNSO council
public session on Wednesday 1st November in Abu Dhabi meeting (
https://schedule.icann.org/event/CbIm/gnso-council-public-meeting and
https://schedule.icann.org/event/CbIn/gnso-council-open-meeting-part-ii-admin-meeting
).

We discuss the topics in the agenda during the NCSG Polic Committee meeting
this Sunday 29th October 17:00 local time (
https://schedule.icann.org/event/CbIf/gnso-non-commercial-stakeholder-group-ncsg-policy-committee-meeting),
remote participation will be available.

Best,

Rafik

---------- Forwarded message ----------



Dear Councilors,



Please below find the final agendas GNSO Council Meeting Part I and II - 1
November 2017 at 13:00 local time. They will also be posted shortly on the GNSO
Council wiki space <https://community.icann.org/x/1CIhB> and on the GNSO master
calendar <https://gnso.icann.org/en/group-activities/calendar#nov>.



*Final Proposed Agenda 01 November 2017 Part I*



Please note that *all documents *referenced *in the agenda have been
gathered on a Wiki page for convenience and easier
access: https://community.icann.org/x/1iIhB
<https://community.icann.org/x/1iIhB>*

This agenda was established according to the GNSO Operating Procedures
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_op-2Dprocedures-2D01sep16-2Den.pdf&d=DQMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=U4IBJYYYko8geLjSlTyOXbvtmoVER-_lK-PAQ64rKHs&m=55oYi9y1UeIL5juaxAkqpioz33PyWq>
v3.2,
updated on 01 September 2016.

For convenience:

   - An excerpt of the ICANN Bylaws defining the voting thresholds is
   provided in *Appendix 1* at the end of this agenda.
   - An excerpt from the Council Operating Procedures defining the absentee
   voting procedures is provided in *Appendix 2* at the end of this agenda.

Coordinated Universal Time: 09:00 UTC: http://tinyurl.com/yaxkzhpl

02:00 Los Angeles; 05:00 Washington; 09:00 London; 12:00 Istanbul; 20:00
Hobart

*GNSO Council Meeting Audio Cast*
To join the event click on the link: http://stream.icann.org:
8000/abu60-hallbc-en.m3u


Councilors should notify the GNSO Secretariat in advance if they will not
be able to attend and/or need a dial out call.

*___________________________________*

*Item 1. Administrative Matters (5 mins)*

1.1 - Roll Call

1.2 - Updates to Statements of Interest

1.3 - Review / Amend Agenda

1.4 - Note the status of minutes for the previous Council meetings per the
GNSO Operating Procedures:

Minutes <https://gnso.icann.org/en/meetings/minutes-council-20sep17-en.pdf> of
the meeting of the GNSO Council on 20 September 2017, were posted on
9th October
2017

Minutes of the meeting of the GNSO Council on 12 October 2017, will be
posted on 3rd November 2017



*Item 2. Opening Remarks / Review of Projects & Action List (10 mins)*

2.1 - Review focus areas and provide updates on specific key themes /
topics, to include review of Projects List
<https://gnso.icann.org/en/council/project>and Action Item List
<https://community.icann.org/x/RgZlAg>



*Item 3. Consent Agenda (0 min)*

None



*Item 4: COUNCIL VOTE – Appointment of the next GNSO Liaison to the
Governmental Advisory Committee (15 minutes)*

During the discussions of the GAC-GNSO Consultation Group
<http://gnso.icann.org/en/drafts/review-liaison-gac-pilot-29feb16-en.pdf>,
a GNSO liaison to the GAC was proposed as a way to facilitate engagement of
the GAC in GNSO policy development activities. On 7 November 2016, the GNSO
Council appointed Carlos Raúl Gutiérrez to serve in this role.

For the selection of the next GNSO liaison to the GAC, the GNSO Council has
delegated the review and selection process to the GNSO Standing Selection
Committee (SSC). The SSC reviewed all applications received and achieved
full consensus in selecting Julf Helsingius as its preferred candidate.

Here, the Council will thank Carlos for his service in support of this role
and vote to approve Julf as his successor.

4.1 – Presentation of motion <https://community.icann.org/x/2iIhB> (Susan
Kawaguchi)

4.2 – Council discussion

4.3 – Council vote (voting threshold: simple majority)



*Item 5: COUNCIL DISCUSSION – Discussion on the Second Security, Stability,
and Resiliency (SSR2) Review Team and Registration Directory Service (RDS)
Review Team (15 minutes)*

The ICANN Bylaws call for periodic assessment by community review teams in
the areas of:

   - Accountability and Transparency Review
   - Security, Stability, and Resiliency Review
   - Competition, Consumer Trust and Consumer Choice Review
   - Registration Directory Service Review

The GNSO Council has asked that the GNSO representatives to these review
teams, including the Security, Stability, and Resiliency Review Team (SSR-2
RT) and the Registration Directory Service Review Team (RDS-RT), provide
regular feedback and updates as a group on the discussions taking place in
the respective groups, as well as the positions being taken by GNSO
representatives individually.

There are some concerns within the community about the level of progress
and direction of these reviews teams, including from the SSAC
<https://www.icann.org/en/system/files/files/sac-098-en.pdf> and the ICANN
Board <http://mm.icann.org/pipermail/ssr2-review/2017-October/000631.html> for
SSR-2 RT and the ccNSO
<https://www.icann.org/en/system/files/correspondence/sataki-to-crocker-15may17-en.pdf>
for
the RDS-RT.

Here, the Council will discuss some of these concerns and consider how it
might be able to provide guidance or assistance to help the review teams
better achieve its goals.

5.1 - Presentation of discussion topic (Council Leadership)

5.2 – Council discussion

5.3 – Next steps



*Item 6: COUNCIL DISCUSSION – Update from the GNSO Review Working Group (15
minutes)*

On 21 July 2016, the GNSO Council adopted
<https://gnso.icann.org/en/council/resolutions#201607> the charter
<https://gnso.icann.org/en/drafts/gnso-review-charter-11jul16-en.pdf> for
the GNSO Review Working Group. The WG was directed to propose an
implementation plan to the GNSO Council for approval at the latest by
ICANN57. On 15 December 2016, the GNSO Council adopted the proposed
implementation plan, directing staff to submit the plan to the ICANN Board
for its consideration. On 3 February 2017, the ICANN Board accepted
<https://features.icann.org/independent-review-generic-names-supporting-organization-gnso-plan-recommendations>
the
GNSO Review Implementation Plan.

The GNSO Review Working Group was directed to provide the GNSO Council with
regular status updates (at a minimum prior to every ICANN meeting) on the
status of implementation. As part of this status update, the GNSO Review
Working Group should also identify any questions and/or concerns that may
have arisen during the implementation that would require further guidance.

Here, the GNSO Review Working Group will provide the GNSO Council with the
required update (GNSO2 Review Progress & Implementation Status Report
<https://gnso.icann.org/en/drafts/gnso-review-progress-implementation-report-19oct17-en.pdf>
)

6.1 – Presentation of discussion topic (GNSO Review WG Leadership)

6.2 – Council discussion

6.3 – Next Steps



*Item 7: COUNCIL DISCUSSION – Discussion with ICANN Finance (15 minutes)*

The GNSO Council is considering forming a Standing Committee to focus on
the ICANN Budget and Operational Plan. While no decision has been made and
as the Council continues to deliberate on whether it would like to pursue
the establishment of this committee, it may be timely to receive an update
from ICANN Finance to help the Council understand the nature and frequency
of input that may be needed. In addition, ICANNN Finance would like to
provide an update on ICANN’s Reserve Fund (public comment here
<https://www.icann.org/public-comments/reserve-fund-2017-10-12-en>) and
Long-Term Financial Planning.

Here, the Council will receive an update from ICANN Finance and discuss the
topics presented.

7.1 - Presentation of discussion topic (ICANN Finance)

7.2 – Council discussion

7.3 – Next steps



*Item 8: COUNCIL DISCUSSION – Community gTLD Change Request Process (15
minutes)*

ICANN Organization has received requests, including from fTLD, to amend
Specification 12 of their Registry Agreements. ICANN has denied the
requests, stating in part that they are not currently in a position to
approve requests to amend community restrictions in Specification 12 of the
New gTLD Registry Agreement.

In follow-up discussions with ICANN GDD and Legal staff, fTLD was told that
ICANN could not consider the requested changes because there was no
community-developed/supported process to enable them to do so. There was a
procedure discussed in the New gTLD Program Explanatory Memorandum
Discussion Draft: Community gTLD change request handling, but because it
had not been approved nor was it included in the Applicant Guidebook, ICANN
could not use this as the basis for considering the request from fTLD and
others. As a result, ICANN asked fTLD if it would help lead the way in
creating a Community gTLD Change Request process. fTLD agreed to undertake
this effort and formed a working group comprised of fTLD and several
community-based Registry Operators and New gTLD Applicants to develop a
draft Community gTLD Change Request process.

The working group’s current draft includes input from the RySG. The working
group has also been working closely with ICANN’s GDD team.

ICANN has suggested that the GNSO Guidance Process (GGP) might be one path
to resolution. fTLD and other impacted parties have concerns about the
timeline for a GGP as well as the allocation of community resources to
resolve an issue that affects a relatively limited number of Registry
Operators. On 11 October, the Council received a letter from Craig
Schwartz, intended to provide further clarity about why the issue was
brought to the Council.

Here, the Council will discuss the topic and determine next steps.

8.1 – Presentation of topic (Council Leadership)

8.2 – Council Discussion

8.3 – Next Steps



*Item 9: ANY OTHER BUSINESS (15 minutes)*

9.1 – Discussion about ICANN Org paper on suggested incremental changes to
the ICANN meeting strategy.

9.2 – Discussion about next steps for the revised ICANN Procedure for
Handling Whois Conflicts with Privacy Law

9.3 - Open Microphone

*________________________________*

*Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11,
Section 11.3(i))*

See https://www.icann.org/resources/pages/governance/bylaws-en/#article11*.*

*Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating
Procedures, Section 4.4)*

See https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf.


*References for Coordinated Universal Time of 09:00 UTC  *Local time
between March and October Summer in the NORTHERN hemisphere
----------------------------------------------------------------------------
California, USA (PDT) UTC-7 02:00
San José, Costa Rica UTC-6 03:00
Iowa City, USA (CDT) UTC-5 04:00
New York/Washington DC, USA (EDT) UTC-4 05:00
Buenos Aires, Argentina (ART) UTC-3 06:00
Rio de Janeiro, Brazil (BRST) UTC-3 07:00
London, United Kingdom (GMT) UTC 09:00
Bonn, Germany (CET) UTC+1 10:00
Cairo, Egypt, (EET) UTC+2 11:00
Istanbul, Turkey (TRT) UTC+3 12:00
Singapore (SGT) UTC+8 17:00
Tokyo, Japan (JST) UTC+9 18:00
Sydney/Hobart, Australia (AEDT) UTC+11 20:00
----------------------------------------------------------------------------

DST starts/ends on Sunday 29 of October 2017, 2:00 or 3:00 local time (with
exceptions) for EU countries.
----------------------------------------------------------------------
For other places see http://www.timeanddate.com and
*http://tinyurl.com/yaxkzhpl
<http://tinyurl.com/yaxkzhpl>*



*Final Proposed Agenda 01 November 2017 Part II*



Please note that *all documents *referenced *in the agenda have been
gathered on a Wiki page for convenience and easier
access: https://community.icann.org/x/1iIhB
<https://community.icann.org/x/1iIhB>*

This agenda was established according to the GNSO Operating Procedures
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_op-2Dprocedures-2D01sep16-2Den.pdf&d=DQMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=U4IBJYYYko8geLjSlTyOXbvtmoVER-_lK-PAQ64rKHs&m=55oYi9y1UeIL5juaxAkqpioz33PyWq>
v3.2,
updated on 01 September 2016.

For convenience:

   - An excerpt of the ICANN Bylaws defining the voting thresholds is
   provided in *Appendix 1* at the end of this agenda.
   - An excerpt from the Council Operating Procedures defining the absentee
   voting procedures is provided in *Appendix 2* at the end of this agenda.

Coordinated Universal Time: 11:15 UTC: *http://tinyurl.com/y88ff7fb
<http://tinyurl.com/y88ff7fb>*

*GNSO Council Meeting Audio Cast*
To join the event click on the link: http://stream.icann.org:
8000/abu60-hallbc-en.m3u
Councilors should notify the GNSO Secretariat in advance if they will not
be able to attend and/or need a dial out call.

*___________________________________*

*Item 1. Seating of the 2017 / 2018 Council (20 mins)*

1.1 - Roll Call

1.2 - Statements of Interest

Pam Little – SOI
<https://community.icann.org/display/gnsosoi/Pam+Little+SOI> Registrars
Stakeholder Group

Philippe Fouquart – SOI
<https://community.icann.org/display/gnsosoi/Philippe+Fouquart+SOI> Internet
Service Providers and Connectivity Providers

Arsène Tungali – SOI
<https://community.icann.org/pages/viewpage.action?pageId=66087102>
Non-Commercial
Stakeholder Group

Tatiana Tropina – SOI
<https://community.icann.org/display/gnsosoi/Tatiana+Tropina+SOI>
Non-Commercial
Stakeholder Group

Martin Pablo Silva Valent – SOI
<https://community.icann.org/display/gnsosoi/Martin+Pablo+Silva+Valent+SOI>
Non-Commercial
Stakeholder Group

Ayden Férdeline – SOI
<https://community.icann.org/pages/viewpage.action?pageId=56989741>
Non-Commercial
Stakeholder Group

Carlos Raul Gutierrez – SOI
<https://community.icann.org/display/gnsosoi/Carlos+Raul+Gutierrez+SOI>
Nominating
Committee Appointee (CPH)

Syed Ismail Shah – SOI
<https://community.icann.org/display/gnsosoi/Syed+Ismail+Shah+SOI> Nominating
Committee Appointee (NCPH)

1.3 - Review / Amend Agenda



*Item 2. Election of the Chair (15 mins)*

One nomination was received for this position, Heather Forrest from the
Non-Contracted Parties House. The GNSO held a question & answer session
with the candidate on 29 October 2017. Here the GNSO Council will proceed
to elect its Chair for 2018-2019, according to the GNSO Operating
Procedures (note Section 2.2 of the GNSO Operating Procedures on Officer
Elections: Chair and Vice-Chairs (see Appendix 1 below).



*Item 3: COUNCIL DISCUSSION – Update on the GNSO Council Strategic Planning
Session (15 minutes)*

In January of 2017, the GNSO Council submitted a FY18 additional budget
request
<https://community.icann.org/download/attachments/64066403/FY18%20-%2023%20-%20Community%20Requests%20Template_GNSO%20Council%20Strategic%20Planning%20Session%20Pilot%20Project%20-%20Final%20-%202%20February%202017.pdf?version=1&modificationDate=14>
to
support a 3 day face-to-face strategic planning session in January of 2018.
At a high-level, the purpose of the meetings is to allow for focused and
dedicated sessions to strategically develop a work plan for the upcoming
year. This additional budget request was approved
<https://www.icann.org/resources/board-material/resolutions-2017-04-19-en#1.b>
by
the ICANN Board on 19 April 2017. The GNSO Council Strategic Planning
Session is scheduled to take place on January 29–31 2018 at the ICANN
office in Los Angeles. Here the Council leadership will provide an update
to the Council on preliminary planning steps undertaken to date, including
review of a draft agenda.

3.1 Update (Heather Forrest & Donna Austin)

3.2 Council discussion

3.3 Next steps



*Item 4. Any Other Business (10 min)*

None



*Appendix 1: Excerpt from GNSO Operating Procedures (Section2.2)*




*2.2        https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf
<https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf> Officer
Elections:  Chair and Vice-Chairs*



The GNSO Council shall select the GNSO Chair and two Vice-Chairs as follows:

   1. The GNSO Chair shall be elected by a 60 percent vote of each house.
   2. Each house will be allowed to nominate one candidate for GNSO Council
   Chair. Each house is responsible for determining how to nominate its
   candidate.  A candidate for GNSO Council Chair does not need to be a member
   of a house, but must be a current or incoming member of the GNSO Council.
   Should a Chair be elected from outside of the houses that Chair will be a
   non-voting Chair.
      1. All ballots will include the “none of the above” option.  In the
      event that a 60 percent vote of each house selects the “none of
the above”
      option, each house will commence a new nomination period of not
longer than
      15 days. An election for the new nominees will be scheduled for no sooner
      than 30 days after the unsuccessful vote.
      2. In the case of a tie for the most votes between the two
      candidates, or between a candidate and “none of above,” a second election
      will be held no sooner than 30 days.  The candidates shall
remain the same
      for this second election.  In the case this second election also
results in
      a tie, each house will commence a new nomination period of not
longer than
      15 days. An election for the new nominees will be rescheduled
for no sooner
      than 30 days after the unsuccessful vote.
      3. The leading candidate will be defined as the one with the highest
      score. The score is calculated by adding together the voting percentages
      attained from each house.  The highest percentage attainable in
each house
      is 100. Thus, the maximum score a candidate can achieve is 200
as a result
      of attaining 100 percent of the votes from the contracted party house and
      100 percent from the non-contracted party house (100 percent +
100 percent
      = score of 200).  In case neither candidate reaches the 60
percent of each
      house threshold, a second ballot will be held between the
leading candidate
      and “none of the above.”
      4. In case neither candidate reaches the 60 percent of each house
      threshold and the candidates do not tie, a second runoff ballot will be
      held between the leading candidate and “none of the above.”
      5. If the single candidate does not reach the 60 percent of each
      house threshold in the runoff ballot, then each house will commence a new
      nomination period of not longer than 15 days.  An election for the new
      nominees will be rescheduled for no sooner than 30 days after the
      unsuccessful runoff ballot.
   3. Each house shall select a Council Vice-Chair from within its
   respective house.
   4. A Chair may not be a member of the same Stakeholder Group of either
   of the Vice-Chairs.
   5. The Chair and Vice-Chairs shall retain their votes (if any) in their
   respective houses (if any).
   6. In the event that the GNSO Council has not elected a GNSO Council
   Chair by the end of the previous Chair’s term, the Vice-Chairs will serve
   as Interim GNSO Co- Chairs to jointly oversee the new Chair election and
   conduct Council business until a successful election can be held.   In the
   event that one or both Vice-Chairs’ terms ends concurrently with the term
   of the previous Chair, the procedures described in Section 2.2.1 below
   shall apply.
   7. The Council shall inform the Board and the Community appropriately
   and post the election results on the GNSO website within 2 business days
   following each election and runoff ballot, whether successful or
   unsuccessful.

*Appendix 2: GNSO Council Voting Thresholds (**ICANN Bylaws,*
<https://www.icann.org/resources/pages/governance/bylaws-en/#article11>

* Article 11, Section 3) *(i) Except as otherwise specified in these
Bylaws, *Annex A*, *Annex A-1* or *Annex A-2* hereto, or the GNSO Operating
Procedures, the default threshold to pass a GNSO Council motion or other
voting action requires a simple majority vote of each House. The voting
thresholds described below shall apply to the following GNSO actions:

(i) Create an Issues Report: requires an affirmative vote of more than
one-fourth (1/4) vote of each House or majority of one House.

(ii) Initiate a Policy Development Process ("*PDP*") Within Scope (as
described in *Annex A*): requires an affirmative vote of more than
one-third (1/3) of each House or more than two-thirds (2/3) of one House.

(iii) Initiate a PDP Not Within Scope: requires an affirmative vote of GNSO
Supermajority (as defined in *Section 11.3(i)(xix)*).

(iv) Approve a PDP Team Charter for a PDP Within Scope: requires an
affirmative vote of more than one-third (1/3) of each House or more than
two-thirds (2/3) of one House.

(v) Approve a PDP Team Charter for a PDP Not Within Scope: requires an
affirmative vote of a GNSO Supermajority.

(vi) Changes to an Approved PDP Team Charter: For any PDP Team Charter
approved under (iv) or (v) above, the GNSO Council may approve an amendment
to the Charter through a simple majority vote of each House.

(vii) Terminate a PDP: Once initiated, and prior to the publication of a
Final Report, the GNSO Council may terminate a PDP only for significant
cause, upon a motion that passes with a GNSO Supermajority Vote in favor of
termination.

(viii) Approve a PDP Recommendation Without a GNSO Supermajority: requires
an affirmative vote of a majority of each House and further requires that
one GNSO Council member representative of at least 3 of the 4 Stakeholder
Groups supports the Recommendation.

(ix) Approve a PDP Recommendation With a GNSO Supermajority: requires an
affirmative vote of a GNSO Supermajority,

(x) Approve a PDP Recommendation Imposing New Obligations on Certain
Contracting Parties: where an ICANN contract provision specifies that "a
two-thirds vote of the council" demonstrates the presence of a consensus,
the GNSO Supermajority vote threshold will have to be met or exceeded.

(xi) Modification of Approved PDP Recommendation: Prior to Final Approval
by the Board, an Approved PDP Recommendation may be modified or amended by
the GNSO Council with a GNSO Supermajority vote.

(xii) Initiation of an Expedited Policy Development Process ("*EPDP*"):
requires an affirmative vote of a GNSO Supermajority.

(xiii) Approve an EPDP Team Charter: requires an affirmative vote of a GNSO
Supermajority.

(xiv) Approval of EPDP Recommendations: requires an affirmative vote of a
GNSO Supermajority.

(xv) Approve an EPDP Recommendation Imposing New Obligations on Certain
Contracting Parties: where an ICANN contract provision specifies that "a
two-thirds vote of the council" demonstrates the presence of a consensus,
the GNSO Supermajority vote threshold will have to be met or exceeded.

(xvi) Initiation of a GNSO Guidance Process ("*GGP*"): requires an
affirmative vote of more than one-third (1/3) of each House or more than
two-thirds (2/3) of one House.

(xvii) Rejection of Initiation of a GGP Requested by the Board: requires an
affirmative vote of a GNSO Supermajority.

(xviii) Approval of GGP Recommendations: requires an affirmative vote of a
GNSO Supermajority.

(xix) A "*GNSO Supermajority*" shall mean: (A) two-thirds (2/3) of the
Council members of each House, or (B) three-fourths (3/4) of the Council
members of one House and a majority of the Council members of the other
House.
https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf
Appendix 1 GNSO Council Voting Results table

*Absentee Voting
Procedures https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf
<https://gnso.icann.org/en/council/op-procedures-01sep16-en.pdf>*

*4.4 Absentee Voting*

4.1.1        *Applicability*

Absentee voting is permitted for the following limited number of Council
motions or measures.

   1. Initiate a Policy Development Process (PDP);
   2. Approve a PDP recommendation;
   3. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN
   Bylaws;
   4. Fill a Council position open for election.

4.1.2        Absentee ballots, when permitted, must be submitted within the
announced time limit, which shall be 72 hours from the meeting’s
adjournment.  In exceptional circumstances, announced at the time of the
vote, the Chair may reduce this time to 24 hours or extend the time to 7
calendar days, provided such amendment is verbally confirmed by all
Vice-Chairs present.

4.1.3        The GNSO Secretariat will administer, record, and tabulate
absentee votes according to these procedures and will provide reasonable
means for transmitting and authenticating absentee ballots, which could
include voting by telephone, e- mail, web-based interface, or other
technologies as may become available.

4.1.4        Absentee balloting does not affect quorum requirements.
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