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<p><font face="Arial, Helvetica, sans-serif">13 January 2005 </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a href="http://gnso.icann.org/meetings/agenda-gnso-05aug04.htm">agenda
and related documents</a><br>
</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<br>
Greg Ruth - ISCPC - proxy to Tony Holmes<br>
Antonio Harris - ISCPC - absent - apologies - proxy to Tony Holmes/Greg Ruth<br>
Tony Holmes - ISCPC<br>
Thomas Keller- Registrars - absent - apologies - proxy to Ross Rader/Bruce Tonkin/Alick
Wilson <br>
Ross Rader - Registrars <br>
Bruce Tonkin - Registrars <br>
Ken Stubbs - gTLD registries <br>
Philip Colebrook - gTLD registries - absent - apologies - proxy to Ken Stubbs<br>
Cary Karp - gTLD registries <br>
Lucy Nichols - Intellectual Property Interests C <br>
Niklas Lagergren - Intellectual Property Interests C - absent - apologies -
proxy to Lucy Nichols<br>
Kiyoshi Tsuru - Intellectual Property Interests C. <br>
Robin Gross - Non Commercial Users C.<br>
Marc Schneiders - Non Commercial Users C.<br>
Carlos Afonso - Non Commercial Users C. - absent - apologies - proxy to Marc
Schneiders<br>
Alick Wilson<br>
Demi Getschko - absent - apologies - proxy to A</font><font face="Arial, Helvetica, sans-serif">lick
Wilson<br>
Maureen Cubberley</font></p>
<p> <font face="Arial, Helvetica, sans-serif">15 Council Members<br>
<br>
<b>ICANN Staff</b><br>
Paul Verhoef - Vice President, Policy Development Support<br>
John Jeffrey - ICANN General Counsel<br>
Dan Halloran - ICANN Deputy General Counsel <br>
Kurt Pritz - Vice President, Business Operations<br>
Barbara Roseman - ICANN Staff Manager<br>
Tina Dam - Chief gTLD Registry Liaison <br>
Tim Cole - Chief Registrar Liaison <br>
<br>
<b>GNSO Council Liaisons</b><br>
Thomas Roessler - acting ALAC Liaison - apologies<br>
Suzanne Sene - GAC Liaison <br>
<br>
<br>
Glen de Saint Géry - GNSO Secretariat<br>
<br>
MP3 Recording:<br>
<a href="http://gnso-audio.icann.org/GNSO-Council-20050113.mp3">Part 1</a><br>
<a href="http://gnso-audio.icann.org/GNSO-Council-200501132.mp3">Part 2</a><br>
<a href="http://gnso-audio.icann.org/GNSO-Council-200501133.mp3">Part 3</a><br>
<a href="http://gnso-audio.icann.org/GNSO-Council-200501134.mp3">Part 4</a></font></p>
<p><font face="Arial, Helvetica, sans-serif"> <br>
Quorum present at 20:07<br>
<br>
<b>Bruce Tonkin</b> chaired this teleconference. <br>
<br>
<b>Item 1: <a href="http://gnso.icann.org/meetings/agenda-gnso-13jan05.htm">Approval
of Agenda</a></b><br>
Bruce Tonkin stated that an updated agenda had been sent to Council.<br>
<a href="http://gnso.icann.org/meetings/agenda-gnso-13jan05.htm">Agenda approved</a><br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Approval of the </b><br>
<a href="http://gnso.icann.org/meetings/minutes-gnso-18nov04.htm">Minutes of
18 November 2004</a><b><br>
</b><a href="http://gnso.icann.org/meetings/minutes-gnso-03dec04.htm">Minutes
of 3 December 2004</a><b><br>
<br>
Ken Stubbs </b> moved the adoption of the <a href="http://gnso.icann.org/meetings/minutes-gnso-18nov04.htm">Minutes
of 18 November 2004</a> and <a href="http://gnso.icann.org/meetings/minutes-gnso-03dec04.htm">Minutes
of 3 December 2004</a><br>
<br>
The motion carried with three abstentions: Maureen Cubberley, Lucy Nichols,
Alick Wilson<br>
<br>
<b>Decision 1: The minutes of</b> <b> <a href="http://gnso.icann.org/meetings/minutes-gnso-18nov04.htm">18
November</a> and<a href="http://gnso.icann.org/meetings/minutes-gnso-03dec04.htm">
3 December 2004</a> were adopted<br>
<br>
Item 3: Response to <a href="http://gnso.icann.org/reviews/gnso-review-sec1-22dec04.pdf">GNSO
Council external review </a><br>
Bruce Tonkin </b>referred to the<b> </b><a href="http://gnso.icann.org/mailing-lists/archives/council/msg00733.html">draft
response from the GNSO Council</a> to the recommendations of the <a href="http://gnso.icann.org/announcements/announcement-22dec04.htm">external
review</a>. <br>
<br>
In discussion, it was felt that the appointment of liaisons could not be fully
realized without the reciprocity of liaisons, the role of liaisons should be
defined and that the process for the Government Advisory Committee (GAC) liaisons
should be formalized. It was suggested that in a cover note the recommendations
that called for Board action should be noted.<br>
<br>
<b>Bruce Tonkin</b>, seconded by <b>Philip Sheppard</b>, proposed:</font></p>
<p><font face="Arial, Helvetica, sans-serif">Whereas the public comment period
was due to be completed on January 24, 2005.<br>
</font><font face="Arial, Helvetica, sans-serif">The GNSO Councilors review
the comments in 7 days and if there are no significant problems, the <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00733.html">draft
response from the GNSO Council</a> be submitted on 24 January 2005.</font></p>
<p><font face="Arial, Helvetica, sans-serif">The motion was unanimously accepted
by voice vote.<b><br>
<br>
Decision 2: <br>
Whereas the public comment period was due to be completed on January 24<br>
</b></font><b><font face="Arial, Helvetica, sans-serif">The GNSO Councilors
review the comments in 7 days and if there are no significant problems, the
<a href="http://gnso.icann.org/mailing-lists/archives/council/msg00733.html">draft
response from the GNSO Council</a> be submitted on 24 January 2005.</font></b></p>
<p><font face="Arial, Helvetica, sans-serif"><b> <br>
Item 4:</b> <a href="http://www.icann.org/tlds/gtld-initialreport-registryapproval.htm">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
or operation of a gTLD registry. <br>
<b>Bruce Tonkin</b> reported that he was in the process of updating the report
with <a href="http://gnso.icann.org/issues/registry-services/L-PDP-registry-services-ver3-28nov04.pdf">comments</a>
received from staff.<br>
</font><font face="Arial, Helvetica, sans-serif"><br>
<b>Item 5: Update on WHOIS</b> <br>
<b>Marilyn Cade</b> reported that the Internet Engineering Task Force (IETF)
working group, Cross Registry Internet Service Protocol (CRISP) gave a presentation
on the Internet Registry Information Service (IRIS) on </font><font face="Arial, Helvetica, sans-serif">an
open outreach call focussing on data gathering related to tiered access to the
Whois combined task force 1 and 2. The call was well attended by the ICANN staff
and the community. It was the task force's first effort to take input from outside
experts. <br>
It was noted that there was no consensus in the task force to pursue tiered
access but only to explore tiered access, such as its implications and costs.<br>
January 31, 2005 was the closing date for constituency statements on the<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>
On the <a href="http://gnso.icann.org/issues/whois-privacy/whois-tf-conflict-30nov04.pdf">procedure
for conflicts </a>when there are conflicts between a registrar's of registry's
legal obligations under local privacy laws and their contractual obligations
to ICANN, further dialogue was being scheduled between Senior ICANN staff and
the Whois task force 1 & 2.<br>
<b>Bruce Tonkin</b> reported that the Whois task force 3 chair, Brian Darville,
had resigned and that he would be calling a meeting to progress further with
the task force as discussed in Cape Town.<br>
<br>
<b>Item 6: ICANN strategic plan </b><br>
- Marilyn Cade to present proposal for consultative workshop on 7-8 February
2005<br>
- budget for workshop from GNSO Council funds <br>
- ICANN staff to present current plans for outreach <br>
<br>
<b>Paul Verhoef</b> and <b>Kurt Pritz </b>commented on the broad outline for
outreach which was that Paul Twomey, senior staff and other staff were currently
scheduling a series of teleconferences with all constituencies to receive input
on which parts of the strategic plan they considered good, where there might
be room for improvements and where the approach could be changed. Written submissions
to the plan were sought both to get the final plan out and to address the notions
behind comments.<br>
<b>Paul Verhoef</b> felt that there would be granularity at the group levels
which would provide detailed comments on the document and saw consultation with
constituencies separate from consultation with Council as the higher up in hierarchy
the more abstract the findings might be.<br>
Council members expressed concern about an </font><font face="Arial, Helvetica, sans-serif">initiative
that did not allow members of the ICANN community to learn from the views expressed
by other ICANN community members and hence refine their own views. The benefit
of working through the GNSO Council was that the various views of constituency
members were taken account of and consolidated, rather than fragmenting the
process, so allowing the ICANN staff a better view of the important issues from
a broader spread of interests. The outreach work being undertaken by ICANN staff
via constituency teleconferences would be an important first step before commencing
a joint consultation with ICANN staff on the strategic plan amongst people from
different stakeholder groups. As the strategic plan is a rolling plan, it should
be possible in future to incorporate future face-to-face dialogue on the strategic
plan into the normal schedule of physical ICANN meetings.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Marilyn Cade</b> presented the
proposal, drafted in consultation with fellow councillors, for the consultative
workshop on 7-8 February 2005. <br>
"The ICANN Strategic Plan is a complex, broad and important document which
outlines ICANN's directions for a three year period. It is tied to, and should
guide the budget of ICANN. In a bottom up organization like ICANN, consultation
is critical to ensure support and acceptance, as well as to take input on needed
changes in a Strategic Plan to assure attainability. The scope of changes and
scale of changes proposed in the Strategic Plan are as extensive as those changes
undertaken with the ERC process and deserve a similar examination and understanding
by the Supporting Organizations. Having an interactive discussion with the Supporting
Organizations/their members is a critical element of a bottom up consultation.
The consultation will supplement the comment process via the public website.<br>
<br>
Proposed meeting agenda<br>
<br>
Monday 7 February 2005<br>
o 1:00 p.m. Meeting starts with overview of purpose <br>
o 1:20 p.m. Presentation on Strategic Plan/ICANN Senior Staff <br>
3:00 p.m. Coffee Break <br>
o 3:15 p.m. Open moderated discussion of Strategic Plan, with questions/answers
by ICANN staff.<br>
</font><font face="Arial, Helvetica, sans-serif">o 3:30 p.m. Open floor to prepared
presentations [per scheduling with Planning Team]<br>
o 4:10 Comments from participants/further discussion <br>
o 5:30 p.m Meeting ends <br>
o 6:00 p.m. Informal Social Hour/funding to be agreed to/or sponsors developed
<br>
o Working Session of those who agree to undertake synthesis and drafting of
comments <br>
<br>
Tuesday 8 February 2005<br>
o Reconvene at 8:30 and work through 12:30 p.m. <br>
o Complete draft comments on site for participants to then take back into their
respective communities/constituencies for agreement and edits. o Hold comments
open from February 8 - February 20, 2005<br>
Participants are responsible for getting agreement from others in their community/constituency
during that time. <br>
o Conduct final conference week of February. 21 to reach agreement on edits/changes
to be accepted into final comments. <br>
o Post comments to ICANN public site on February 28, 2005."<br>
<br>
Cost elements: the meeting rooms, 2 coffee breaks, the conference bridge, an
ISDN line, polycom phones with microphones estimated at between 4000 and 5000
Euros.<br>
<b><br>
Marilyn Cade</b> proposed that Council should authorize the funding [in a not
to exceed amount (5000 Euros)] for the organization/hosting of the meeting from
the Council's reserve funds - left from previous assessments.<br>
<br>
<b>Bruce Tonkin</b> proposed taking a roll call on support for the event and
those who would be able to attend. <br>
<br>
All the Councillors on the call (15) supported the event.<br>
Amsterdam was chosen as a preference for the 8 or 9 Councillors who stated that
they would probably be able to attend in person.<br>
<b><br>
Bruce Tonkin</b> summarised commenting that an extensive discussion in the constituencies
was an important precursor to Council dialogue. ICANN setting up forums to talk
to individuals allowed for some of the depth, but the benefit in terms of common
messages and objectives that were developed through a common meeting event woud
provide more depth.<br>
<br>
<b>Paul Verhoef</b> expressed concerned that the event would set a precedent
in the future.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin </b>clarified that
such consultation could be scheduled to coincide with ICANN meetings in future.</font></p>
<p><font face="Arial, Helvetica, sans-serif">Target budget of</font> <font face="Arial, Helvetica, sans-serif">5000
Euros<br>
<b><br>
Lucy Nichols</b>, seconded by <b>Ross Rader </b>moved that:</font><br>
<font face="Arial, Helvetica, sans-serif">A budget of 5000 Euros for the consultative
workshop project be approved and authorization granted that the amount would
be taken from the remaining DNSO/GNSO funds. <br>
<br>
<b>Bruce Tonkin</b> proceeded with a nominated vote.<br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif">20 votes in favour, 6 proxy votes
in favour.</font><font face="Arial, Helvetica, sans-serif"><br>
The motion passed.<br>
<br>
<b>Decision 3:<br>
A budget of 5000 Euros for the consultative workshop project be approved and
authorization granted that the amount would be taken from the remaining DNSO/GNSO
funds. </b><br>
<br>
<br>
<b>Item 7: Contention for domain names at gtld registries <br>
- motion to initiate an issues report <br>
<br>
Draft resolution Whereas the high demand amongst registrars on behalf of their
registrants to register specific domain names that become available for re-registration
at the registry has lead to unforeseen strains on the ability of registries
and registrars to manage their business efficiently, Whereas this affects the
service level that registrars can provide to their customers and the meaning
of ICANN accredited as it applies to registrars, Council resolves, to request
the ICANN staff manager to write an issues report (as specified in annex A to
the ICANN by-laws) on the "Problems caused by contention for domain names made
available by a gTLD registry ", so that Council can subsequently decide if a
policy development process would be appropriate. <br>
<br>
Philip Sheppard</b> spoke to the resolution which arose out of a discussion
in Cape Town regarding the problem of of the volume of automated requests for
expiring domain names from registrar to registry and requested further study
through an issues report from the ICANN Staff Manager so that Council could
then decide whether a policy development process should be initiated. <br>
<br>
<b>Ken Stubbs</b> commented that the issues report should clarify the reason
for the demand.<br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Barbara Roseman</b> reported that
the staff recognized that the issue would require effort from several ICNAN
staff members with specific areas of expertise<br>
<b>Kurt Pritz</b> commented that in order to respond to the resolution, ICANN
would like to go back and look at the complaints received, and solicit input
from the registries and registrars on the topic, then provide a briefing to
the Council based on an analysis of various data bases to ascertain whether
there should be an issues report.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> clarified that
an Issues Report asked General Counsel to decide whether there were any policy
issues but it did not go as far as saying what specific agreements and contractual
issues were affected and proposed that thereshould be further clarification
on contents and expectations of issues report in general.</font><font face="Arial, Helvetica, sans-serif">
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Philip Sheppard</b>, seconded
by <b>Maureen Cubberley</b> proposed the amended draft resolution:<br>
</font><font face="Arial, Helvetica, sans-serif"> <br>
Whereas the high demand amongst registrars to register specific domain names
that become available for re-registration at the registry has lead to unforeseen
impact and strains on the registration infrastructure of gTLD registries and
registrars.<br>
Whereas this affects the service level that registrars can provide to their
customers and the meaning of ICANN accredited as it applies to registrars, <br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"> Council resolves, to request the
ICANN staff manager to write an issues report (as specified in annex A to the
ICANN by-laws) on the "Problems caused by contention for domain names made available
by a gTLD registry ", so that Council can subsequently decide if a policy development
process would be appropriate</font><font face="Arial, Helvetica, sans-serif">
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> called for a
nominated vote.<br>
19 votes in favour, 5 proxy votes in favour, </font><font face="Arial, Helvetica, sans-serif">3
no votes. (Kiyoshi Tsuru and Alick Wilson with the proxy for Demi Getschko had
dropped off the call and did not vote)<br>
<br>
The motion carried.<br>
<br>
<b>Decision 4:<br>
Whereas the high demand amongst registrars to register specific domain names
that become available for re-registration at the registry has lead to unforeseen
impact and strains on the registration infrastructure of gTLD registries and
registrars.<br>
Whereas this affects the service level that registrars can provide to their
customers and the meaning of ICANN accredited as it applies to registrars, <br>
</b></font></p>
<p><b><font face="Arial, Helvetica, sans-serif"> Council resolves, to request
the ICANN staff manager to write an issues report (as specified in annex A to
the ICANN by-laws) on the "Problems caused by contention for domain names made
available by a gTLD registry ", so that Council can subsequently decide if a
policy development process would be appropriate </font></b><font face="Arial, Helvetica, sans-serif"><br>
<br>
<b>Item 8: Transfer of domain name agreements between registrants (secondary
market issues)<br>
- see http://www.icann.org/announcements/announcement-21sep04-1.htm<br>
- seek information from ICANN staff on complaints raised by registrars or registrants,
and other Internet users, and determine if appropriate to request an issues
report <br>
<br>
</b> ICANN staff had not received much more information since the announcement
on 21 September 2004 on the issues that had been raised by the registrars, registrants
or others in community.<br>
<br>
<b>Bruce Tonkin</b> suggested that it would be useful for next council meeting
if ICANN staff could produce a report by sampling the complaints in the last
couple of months and those a year ago to ascertain the main complaint areas
and put them in context. <br>
<br>
Council members were encouraged to consider the kind of input from ICANN staff
that would be useful in its consideration of the Transfers Policy.<br>
<br>
The issue was deferred to the next meeting.<br>
<br>
<b>Item 9: ICANN staff update<br>
- update on appointment of new policy support staff Item 9: ICANN staff update<br>
- update on appointment of new policy support staff </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Paul Verhoef</b> reported that
the Human Resource Manager was concluding negotiations for the junior policy
support position while the senior policy support person would probably commence
early in March 2005.<br>
<b><br>
Bruce Tonkin</b> reminded the group that the external review recommended that
the Council should work with the Vice President for Supporting Organizations
to establish clear expectations regarding staff support. <br>
<b> </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"> </font><font face="Arial, Helvetica, sans-serif"><b>
</b></font><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> <b>declared
the GNSO meeting closed and thanked everybody for participating.<br>
The meeting ended: 21:00 UTC.</b></font></p>
<ul>
<li>
<p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council </b><br>
see: <a href="http://gnso.icann.org/calendar/">Calendar</a></font><br>
</li>
</ul>
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