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<p><font face="Arial, Helvetica, sans-serif">3 December 2004. </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a href="http://gnso.icann.org/meetings/agenda-gnso-03dec04.htm">agenda
and documents</a></font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>List of attendees:</b><br>
Philip Sheppard - Commercial & Business users C.<br>
Marilyn Cade - Commercial & Business users C.<br>
Grant Forsyth - Commercial & Business users C. - remote participation- proxy
to Marilyn Cade/Philip Sheppard<br>
Greg Ruth - ISCPC <br>
Antonio Harris - ISCPC <br>
Tony Holmes - ISCPC <br>
Thomas Keller- Registrars <br>
Ross Rader - Registrars <br>
Bruce Tonkin - Registrars <br>
Ken Stubbs - gTLD registries<br>
Philip Colebrook - gTLD registries - remote participation - proxy to Ken Stubbs
<br>
Cary Karp - gTLD registries<br>
Lucy Nichols - Intellectual Property Interests C - absent - apologies - proxy
to Kiyoshi Tsuru/Niklas Lagergren<br>
Niklas Lagergren - Intellectual Property Interests C<br>
Kiyoshi Tsuru - Intellectual Property Interests C. <br>
Robin Gros - Non Commercial Users C. <br>
Marc Schneiders - Non Commercial Users C. - remote participation, proxy to Alick
Wilson/Ross Rader/Bruce Tonkin<br>
Carlos Afonso - Non Commercial Users C. <br>
Alick Wilson - absent - apologies - proxy to Amadeu Abril i Abril<br>
Demi Getschko <br>
Amadeu Abril I Abril </font><br>
</p>
<p><font face="Arial, Helvetica, sans-serif">16 Council Members <br>
<br>
Dan Halloran - Deputy General Counsel <br>
Paul Verhoef - Vice President, Policy Development Support <br>
Barbara Roseman - ICANN Staff Manager<br>
Glen de Saint Géry - GNSO Secretariat<br>
<br>
Kurt Pritz - Vice President, Business Operations - absent - apologies<br>
John Jeffrey - General Counsel - absent - apologies<br>
<br>
Vittorio Bertola - acting ALAC Liaison to the GNSO<br>
Suzanna Sene - GAC Liaison -absent - apologies<br>
<br>
<br>
<a href="http://www.icann.org/meetings/kualalumpur/captioning-gnso-council-20jul04.htm">Real
Time Captioning</a><br>
Quorum present at 10:40 local time,<br>
<br>
<b>Bruce Tonkin </b> chaired the meeting. <br>
Bruce Tonkin welcomed the new Non Commercial Users Constituency representative,
Robin Gross.<br>
<b><br>
Item 0: Approval of Agenda </b><br>
<br>
<b>Item 1: Approve the minutes of : GNSO Council teleconference 18 November
2004</b><br>
Deferred to the next GNSO Council meeting<br>
<br>
<b>Item 2: Update on <a href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.pdf">Draft
initial report</a> on procedure for use by ICANN in considering requests for
consent and related contractual amendments to allow changes in the architecture
and operation of a gTLD registry.</b><br>
<br>
<b>Bruce Tonkin</b> reported that the report had been reviewed by ICANN staff
and in their analysis over 80% of the requests were simple, with two in particular
that were more complex. A <a href="http://gnso.icann.org/mailing-lists/archives/reg-com/msg00031.html">copy
of the staff analysis</a> is available at: <br>
</font><font face="Arial, Helvetica, sans-serif">http://gnso.icann.org/issues/registry-services/L-PDP-registry-services-ver3-28nov04.pdf<br>
<br>
<b>Bruce Tonkin</b> will update the draft initial report to take into account
this staff input and present to the Council committee for review.<br>
<b><br>
Item 3: Update on WHOIS</b><br>
<br>
<b>Bruce Tonkin</b> reported that the Whois task force 1 & 2 had developed
consensus around two positions:<br>
1. <a href="http://gnso.icann.org/issues/whois-privacy/whois-notification-30nov04.pdf">Recommendations
relating to improving notification and consent for the use of contact data in
the Whois system</a>.<br>
2. <a href="http://gnso.icann.org/issues/whois-privacy/whois-tf-conflict-30nov04.pdf">A
Procedure for conflicts, when there are conflicts between a registrar's of registry's
legal obligations under local privacy laws and their contractual obligations
to ICANN</a>. <br>
<br>
The GNSO constituencies were required to further consider the recommendations
for review.<br>
The next step was to develop an initial report based on these recommendations
which would include constituency impact statements and financial impacts before
putting out the recommendations for the first public comment period.<br>
<br>
The WHOIS task force 3, relating to accuracy, met a couple of times in Cape
Town and the focus was on a standardized procedure for when a registrar received
a complaint, the steps that the registrar would take to resolve that complaint,
and as well as considering what to do when it was necessary to respond quickly
on an issue that might impact security or stability associated with a particular
domain name. <br>
The next step was to provide an initial report which would be put out for public
comment, and the aim would be to have some concrete recommendations by the Mar
del Plata meeting in Argentina. <br>
<br>
<br>
<b>Item 4: Discussion of recommendation from ICANN staff to Board on WIPO-II
recommendations</b><br>
<br>
<b>Paul Verhoef</b> referred to the <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00661.html">letter
and annex from WIPO</a> and stated that a middle ground should be sought to
move forward.<br>
<b>Philip Sheppard</b>, a member of the President's working group on WIPO, responded
that there were three options open:<br>
- to do nothing<br>
- to amend the existing trademark UDRP in such a way as to accommodate country
names and international organization names, albeit in slightly different ways<br>
- the creation of one, perhaps two completely separate dispute resolution processes
which would accommodate the WIPO request.<br>
The complexity of the issue has to do with the fundamental difference between
the two processes whereby the existing UDRP had always worked on the basis that
if either party did not like the outcome of the UDRP they could resolve the
issue in court.<br>
<b>Bruce Tonkin</b> concluded that the Council was in monitoring mode, seeking
what the public comments would be and identifying if there would be a middle
ground suitable for refinement via a policy development process.<br>
<br>
<b>Item 5: GNSO Council self-review<br>
</b></font><b><font face="Arial, Helvetica, sans-serif">- motion to vote for
approval of <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00677.html">self-review
document </a></font></b><font face="Arial, Helvetica, sans-serif"><br>
<br>
<b>Philip Sheppard</b> seconded by <b>Cary Karp</b> and <b>Kiyoshi Tsuru</b>
proposed the motion:<br>
Council resolves to forward draft 2.2 of the council's self-review within 7
days to Patrick Sharry unless substantive changes are received to the report
from council members, in which case it may necessary to reconsider a new draft
and a new council meeting to vote on the report. </font><font face="Arial, Helvetica, sans-serif"><br>
<br>
Motion passed unanimously<br>
<br>
<b>Decision 1: </b></font><b><font face="Arial, Helvetica, sans-serif">Council
resolves to forward draft 2.2 of the council's self-review within 7 days to
Patrick Sharry unless substantive changes are received to the report from council
members, in which case it may necessary to reconsider a new draft and a new
council meeting to vote on the report. <br>
</font></b><font face="Arial, Helvetica, sans-serif"><br>
<b>Bruce Tonkin </b>referred to the issue of two versus three representatives
per constituency, where, at the 2003 annual meeting, the board was requested
to provide an extension of one year of the three representatives while the GNSO
review, part of the <a href="http://www.icann.org/general/archive-bylaws/bylaws-19apr04.htm#IV">ICANN
bylaws</a>, was conducted. The council wished to request a further extension
of that ruling until the meeting in Argentina, which would give adequate time
for the public to comment on the review and adequate time for ICANN to draft
changes and put those changes out for public comment. <br>
<b>Bruce Tonkin</b> clarified that General Counsel's feedback on the motion
before the Council was that the ICANN Board would prefer to have a date on an
issue they were to approve, but if that date became a problem, Council would
seek a further extension at that time. <br>
<br>
<b>Bruce Tonkin</b>, seconded by <b>Tom Keller</b>, proposed the following motion
with a nominated vote:<br>
<br>
"Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved to
change the transition article (Article XX) to allow three representatives per
constituency on the GNSO Council until the end of the ICANN annual meeting 2004;
and resolved to perform a review of the GNSO Council in or around July 2004
which should include among other aspects of the review criteria, an analysis
of the efficacy of having three representatives from each constituency on the
GNSO Council. Taking into account the draft of the external review report on
the GNSO Council, and the Council's self-review, the GNSO Council requests that
the ICANN Board extend the current arrangement of 3 representatives per constituency
until the ICANN meeting in Mar del Plata, Argentina (April 2005). This will
allow time for the external review to be completed following a public comment
period, allow time for ICANN to announce a proposed change to the ICANN bylaws
to allow three representatives per constituency on an ongoing basis, and allow
an appropriate period for public discussion before changing the bylaws." <br>
<br>
Motion passed, 27 votes in favour. <br>
<br>
<b>Decision 2:<br>
"Whereas at the ICANN meeting in Tunisia (October 2003) the Board resolved to
change the transition article (Article XX) to allow three representatives per
constituency on the GNSO Council until the end of the ICANN annual meeting 2004;
and resolved to perform a review of the GNSO Council in or around July 2004
which should include among other aspects of the review criteria, an analysis
of the efficacy of having three representatives from each constituency on the
GNSO Council. Taking into account the draft of the external review report on
the GNSO Council, and the Council's self-review, the GNSO Council requests that
the ICANN Board extend the current arrangement of 3 representatives per constituency
until the ICANN meeting in Mar del Plata, Argentina (April 2005). This will
allow time for the external review to be completed following a public comment
period, allow time for ICANN to announce a proposed change to the ICANN bylaws
to allow three representatives per constituency on an ongoing basis, and allow
an appropriate period for public discussion before changing the bylaws." <br>
<br>
</b></font><b><font face="Arial, Helvetica, sans-serif">Item 6: ICANN strategic
plan </font></b><font face="Arial, Helvetica, sans-serif"><br>
<br>
The GNSO Council welcomed that the supporting organizations would be involved
in a dialogue with the ICANN staff on the best way to manage the process of
consultation with appropriate time lines before the ICANN Board signed off on
the plan.<br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 7: Any other business </b></font><font face="Arial, Helvetica, sans-serif"><br>
<b><br>
Staff support update</b><br>
<b>Paul Verhoef</b> reported that recruiting was taking place throughout the
organization. It was foreseen that John Jeffrey and Kurt Pritz would have additional
staff which would assist in providing Council with continued general counsel
office advice and verification that operational implications were taken into
account. On the GNSO Senior position, final candidates had been interviewed
and on the GNSO support position, decisions would be made shortly, hopefully
both candidates being in place by January or February 2005.<br>
<br>
<b>Bruce Tonkin</b>, on behalf of the GNSO Council, expressed thanks and appreciation
to Amadeu Abril I Abril for his contributions as a Nominating Committee representative
at the conclusion of his term.<br>
<br>
<br>
<b>Bruce Tonkin</b> <b>declared GNSO meeting closed, thanked everybody for attending,
those councillors on the phone and the audience for their participation.</b><br>
<b><br>
The meeting ended: 12 :23 ( local time)</b></font> </p>
<ul>
<li>
<p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council teleconference
13 January 2005.</b><br>
see: <a href="http://gnso.icann.org/calendar/">Calendar</a></font><br>
</li>
</ul>
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