[council] Follow-up on GNSO Restructuring/Improvements

Wed Oct 15 21:01:38 UTC 2008

Dear Community Members:

In advance of the 16 Oct. GNSO Council meeting, I wanted to provide everyone
with the follow-up action items from the Board's most recent draft GNSO
Restructuring Resolution (see draft resolution below and at <
http://www.icann.org/en/minutes/prelim-report-01oct08.htm>).  I'd be happy
to elaborate on these during the Council call, or feel free to email
questions to <policy-staff at icann.org>.

1) COUNCIL CHAIR -- The Board adopted the WG-GCR recommendation that the
GNSO Council Chair be elected by a vote of 60% of both voting houses and
each voting house has the flexibility to create a process for selecting its
own Vice Chair. To address questions on whether a "back-up" process was
needed in the event that a vote did not yield a Chair, the Board decided to
ask the Council to consider this matter. "The Board directs the Council to
develop a process for subsequent balloting, if needed, until a Council Chair
is duly elected. This process should be developed before the first Chair
election of the newly structured Council."

*ACTION:   As the Council moves forward with GNSO Improvements
implementation, this should be addressed and provided to the Board.

2) BOARD SEATS -- "The Board and General Counsel have outstanding questions
about the WG-GCR recommendations regarding Board seat elections and directs
Staff to share these with the community and seek additional input."

*ACTION:  Staff will post outstanding questions and solicit input shortly.

3) VOTING THRESHOLDS -- The Board adopted all voting thresholds proposed by
the WG-GCR Report. Concerns that implementation of GNSO Improvements (e.g.
new PDP, working group model, etc) might necessitate additions to, or
clarifications of, thresholds, the Board requested that "the GNSO develop
any additional voting thresholds or categories that may be needed as part of
its proposed GNSO Improvements Implementation Plan to be submitted to the
Board for approval." (Note:  this draft wording likely will be changed to
avoid confusion; the Board expects to receive an overall plan for
implementing restructuring; this is separate from the GNSO's effort to
create a structure of committees and teams to start the GNSO Improvements
implementation work.)

*ACTION:   As the Council moves forward with GNSO Improvements
implementation, this should be addressed and, if changes or additions are
deemed necessary, they should be provided to the Board.

4) NEW/EXISTING CONSTITUENCIES -- The Board acknowledged Staff development
of a "Notice of Intent" document for potential new constituencies (*see
attached) and directed Staff "to develop a formal petition and charter
template that will assist applicants in satisfying the formative criteria
(consistent with the ICANN Bylaws) to facilitate the Board's evaluation of
petitions to form new constituencies. Staff also is directed to work with
the existing GNSO constituencies to design and develop a streamlined process
along with appropriate mechanisms that will assist with the Board's timely
recognition and approval of existing constituencies".

*ACTION:  Attached is a "Notice of Intent" to solicit and publicly share
information on entities interested in forming new constituencies, along with
a proposed petition and charter template.  Staff would appreciate receiving
any input you may have by 28 Oct.  Staff also is developing for your
consideration a draft template for constituencies to use to enable the Board
to "renew" constituencies.  Since this is a new endeavor, Staff is offering
a draft as a starting point for discussion.  Staff will collect and share
input with the community during the Cairo ICANN meeting.

5) STAKEHOLDER GROUPS — The Board "reinforced its support for the following
principles pertaining to the formation of the new Stakeholder Groups, and
requests that all constituency members and other relevant parties comply
with the principles included in the BGC Working Group's GNSO Improvements
Report approved by the Board in establishing the newly formed structures,
including: the need to better represent the wide variety of groups and
individuals that compose the global ICANN community, in a structure that can
change more easily with the gTLD environment and stakeholders; and the
inclusion of new actors/participants, where applicable, and the expansion of
constituencies within Stakeholder Groups, where applicable." Further, Staff
was directed to work with the GNSO community to develop "a set of
streamlined processes (along with appropriate templates, tools, or other
mechanisms) that will assist in the formation of these new Stakeholder
Groups and also facilitate the Board's subsequent review and approval of
those structures."  The Board directed that plans for each of the four new
Stakeholder Groups be submitted to the Board for consideration at the ICANN
Mexico City Board meeting, and the plans "must be reviewed and approved by
the Board before a newly structured GNSO Council is seated in June 2009.
The Board will consider the need for interim action to fill Council seats in
the event that it finds any Stakeholder Group plans to be deficient or
delayed."

*ACTION:  Staff will provide some initial draft material shortly to support
community consideration and discussion.

6) ROLE/REPRESENTATION OF USERS — The Board requested additional community
"dialogue and input on the appropriate role and representation of individual
Internet users, including individual commercial and non-commercial Internet
users, in the GNSO. Input from the GNSO, the ALAC and At-Large community,
and any relevant applicants for new constituencies, would be particularly
helpful and should address the inclusion of registrants and individual users
in the GNSO in a manner that compliments the ALAC and its supporting
structures, and ensures that registrants' and individual Internet users'
gTLD interests are effectively represented within the GNSO."

*ACTION:  Staff will post a public comment solicitation and will provide
background information to encourage community consideration and input to the
Board.

7) IMPLEMENTATION TIMETABLE — The Board amended its previous implementation
timetable and directs that the transition to a new bicameral GNSO Council
voting structure take place over a phased implementation schedule that
begins immediately and ends in June 2009 with the seating of the new
Council. The implementation phases will be as follows:

 -Phase 1 - GNSO Council restructuring implementation plan submitted in
advance of the December 2008 Board Meeting;

- Phase 2 - Existing Constituencies submit confirmation documents to the
Board for review in advance of the February 2009 Board Meeting;

- Phase 3 - Stakeholder Groups submit formal plans for Board approval for
consideration at the ICANN Mexico City Board meeting; and

- Phase 4 - Stakeholder Groups with plans approved by the Board select
Council representatives, and the newly structured GNSO Council is seated
by the June 2009 Asia-Pacific ICANN Meeting.

*ACTION — Staff will assist the GNSO in developing a restructuring
implementation plan that the Board expects to receive later this year.

===================

-- GNSO Restructuring -- (Membership and Leadership Selection:)

It is, Resolved (2008.10.01.06), as recommended by the WG-GCR, the Board
authorizes a third Council-level non-voting Nominating Committee
Appointee to serve on the Council whose presence could preserve an
independent aspect on the Council and could provide useful management
support as the Council moves toward a working group management function.

It is, Resolved (2008.10.01.07), the Board authorizes the GNSO Council
to elect a Chair consistent with the recommendation of the WG-GCR - that
the GNSO Chair be elected by a vote of 60% of both voting houses and
each voting house has the flexibility to create a process for selecting
its own Vice Chair. The Board directs the Council to develop a process
for subsequent balloting, if needed, until a Council Chair is duly
elected. This process should be developed before the first Chair
election of the newly structured Council.

It is, Resolved (2008.10.01.08), the Board and General Counsel have
outstanding questions about the WG-GCR recommendations regarding Board
seat elections and directs Staff to share these with the community and
seek additional input.

-- GNSO Restructuring -- (Operational/Voting Considerations:)

It is, Resolved (2008.10.01.09), the Board adopts all voting thresholds
proposed in the WG-GCR Report. The Board requests that the GNSO develop
any additional voting thresholds or categories that may be needed as
part of its proposed GNSO Improvements Implementation Plan to be
submitted to the Board for approval.

-- GNSO Restructuring -- (Stakeholder and Constituency Organizational
Concerns:)

It is, Resolved (2008.10.01.10), the Board acknowledges Staff's
development of the "Notice of Intent" documentation for potential new
constituencies and directs Staff to develop a formal petition and
charter template that will assist applicants in satisfying the formative
criteria (consistent with the ICANN Bylaws) to facilitate the Board's
evaluation of petitions to form new constituencies. Staff also is
directed to work with the existing GNSO constituencies to design and
develop a streamlined process along with appropriate mechanisms that
will assist with the Board's timely recognition and approval of existing
constituencies.

It is, Resolved (2008.10.01.11), the Board reinforces its support for
the following principles pertaining to the formation of the new
Stakeholder Groups, and requests that all constituency members and other
relevant parties comply with the principles included in the BGC Working
Group's GNSO Improvements Report approved by the Board in establishing
the newly formed structures, including:

- The need to better represent the wide variety of groups and
individuals that compose the global ICANN community, in a structure that
can change more easily with the gTLD environment and stakeholders.

- The inclusion of new actors/participants, where applicable, and the
expansion of constituencies within Stakeholder Groups, where applicable.

It is, further Resolved (2008.10.01.12), that the Board further directs
Staff to work with existing constituencies to develop a set of
streamlined processes (along with appropriate templates, tools, or other
mechanisms) that will assist in the formation of these new Stakeholder
Groups and also facilitate the Board's subsequent review and approval of
those structures.

It is, Resolved (2008.10.01.13), the Board directs that plans for each
of the four new Stakeholder Groups, that are consistent with the above
principles, be submitted to the Board for consideration at the ICANN
Mexico City Board meeting. The plans must be reviewed and approved by
the Board before a newly structured GNSO Council is seated in June 2009.
The Board will consider the need for interim action to fill Council
seats in the event that it finds any Stakeholder Group plans to be
deficient or delayed.

-- GNSO Restructuring -- (The Role of Individual Internet Users in the
GNSO:)

It is, Resolved (2008.10.01.14), The Board requests additional community
dialogue and input on the appropriate role and representation of
individual Internet users, including individual commercial and
non-commercial Internet users, in the GNSO. Input from the GNSO, the
ALAC and At-Large community, and any relevant applicants for new
constituencies, would be particularly helpful and should address the
inclusion of registrants and individual users in the GNSO in a manner
that compliments the ALAC and its supporting structures, and ensures
that registrants' and individual Internet users' gTLD interests are
effectively represented within the GNSO.

-- GNSO Restructuring -- (Implementation Timing:)

It is, Resolved (2008.10.01.15), the Board amends its previous
implementation timetable and directs that the transition to a new
bicameral GNSO Council voting structure take place over a phased
implementation schedule that begins immediately and ends in June 2009
with the seating of the new Council. The implementation phases will be
as follows:

Phase 1 - GNSO Council restructuring implementation plan submitted in
advance of the December 2008 Board Meeting;

Phase 2 - Existing Constituencies submit confirmation documents to the
Board for review in advance of the February 2009 Board Meeting;

Phase 3 - Stakeholder Groups submit formal plans for Board approval for
consideration at the ICANN Mexico City Board meeting; and

Phase 4 - Stakeholder Groups with plans approved by the Board select
Council representatives, and the newly structured GNSO Council is seated
by the June 2009 Asia-Pacific ICANN Meeting.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/council/attachments/20081015/11a560f8/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: New constituency email and notice of intent template.doc
Type: application/msword
Size: 58880 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/council/attachments/20081015/11a560f8/Newconstituencyemailandnoticeofintenttemplate.doc>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: New constituency petition and charter draft.doc
Type: application/msword
Size: 91136 bytes
Desc: not available
URL: <http://mm.icann.org/pipermail/council/attachments/20081015/11a560f8/Newconstituencypetitionandcharterdraft.doc>