[council] GNSO Council teleconference draft minutes December 2, 2003
gnso.secretariat at gnso.icann.org
Tue Dec 9 15:41:33 UTC 2003
[To: council at gnso.icann.org]
Dear Council members,
Please find the draft minutes of the GNSO Council teleconference held on
December 2, 2003, attached in html and text version.
If you would like any changes to be made, please let me know.
Thank you very much,
5 December 2003.
Proposed agenda and related documents
List of attendees:
Philip Sheppard - Commercial & Business users C.
Marilyn Cade - Commercial & Business users C.
Grant Forsyth - Commercial & Business users C.
Greg Ruth - ISCPC -
Antonio Harris - ISCPC
Tony Holmes - ISCPC - absent, apologies, proxy to Tony Harris/Greg Ruth
Thomas Keller- Registrars - absent, apologies, proxy to Ross Rader
Ross Rader - Registrars
Bruce Tonkin - Registrars
Ken Stubbs - gTLD
Jordyn Buchanan - gTLD
Cary Karp - gTLD
Ellen Shankman - Intellectual Property Interests C. - absent, apologies,
proxy to Philip Sheppard
Niklas Lagergren - Intellectual Property Interests C. - absent, apologies,
proxy to Philip Sheppard
Kiyoshi Tsuru - Intellectual Property Interests C. - absent, apologies,
proxy to Philip Sheppard
Marc Schneiders - Non Commercial users C
Jisuk Woo - Non Commercial users C. - absent, apologies, proxy to Marc
Carlos Afonso- Non Commercial users C. - absent, apologies, proxy to Marc
Amadeu Abril I Abril - absent, apologies, proxy to Demi Getschko
13 Council Members
John Jeffrey - ICANN General Counsel and Secretary
Barbara Roseman - ICANN Consultant, Issues Report author
Christopher Wilkinson - Acting GAC Liaison
Thomas Roessler - ALAC Liaison
Glen de Saint Géry - GNSO Secretariat
Quorum present at 19 :10 UTC
Bruce Tonkin chaired this teleconference.
Item 1: Approval of Agenda
Item 2: Approval of minutes of last meeting
Marilyn Cade, seconded by Ken Stubbs moved the adoption of the minutes of 29
The motion was carried by a majority of council votes. Two abstention: Ross
Rader and Marc Schneiders (not members of council on 29 October)
Decision 1: The minutes of the GNSO meeting held in Carthage were adopted
Item 3: Discussion of Terms of reference for developing a procedure for use
by ICANN staff in managing contractual approvals or amendments to allow
changes in the architecture or operation of a gTLD registry
Bruce Tonkin opening up the discussion explained that the terms of
reference, had been taken from the Issues Report and would be used as the
base for the policy development process.
Marilyn Cade proposed striking:
Many changes approved by ICANN in recent history have been minor and should
have been approved in under 30 days, and in other cases changes have been
more substantial, but not so substantial as to justify decision making
processes running for 6 months or longer.
Marilyn Cade suggested replacing "registry operators" with "registry
agreements" and asked for clarification on what sponsored registry
agreements required, as there was mention of unsponsored agreement
Cary Karp referred to A3 in the FAQ posted to the Council:
"Although portions of the policy-development authority for each sTLD are
delegated to the designated sTLD sponsor, there are some situations in which
an sTLD's sponsor will requests amendments to, or approvals under, the
sponsorship agreement it has with ICANN. Although approval and amendment
requests are much more common in the case of unsponsored TLDs than for
sTLDs, the overall goals (e.g., predictability, timeliness, transparency) of
the procedures for handling gTLD and sTLD requests are similar, even though
there are differences in the provisions of the underlying agreements that
must be observed. It therefore is appropriate to develop a recommended
policy to guide the establishment of the procedures under which ICANN
handles requests for approvals and amendments under ICANN's agreements for
both gTLDs and sTLDs.
It should be noted that the sponsorship agreements for the current three
sTLDs (.aero, .coop, and .museum) delegate to the sponsors the
responsibility to select and enter agreements with those sTLDs' registry
operators. The sTLD sponsors are responsible for establishing the procedures
they use to handle requests made by registry operators under the agreements
between the sTLD sponsors and their operators. Although PDP would not be
directly concerned with such requests, sTLD sponsors may find the
recommendations resulting from the PDP to be useful in developing their
Bruce Tonkin proposed incorporating the FAQ text into the terms of reference
clarifying sponsored and unsponsored requirements,
and pointed out that the FAQ did not change the substance of the terms of
Cary Karp suggested deferring any decision during the meeting so that the
salient features in the FAQ could be incorporated into the terms of
reference before a vote was taken.
Jordyn Buchanan asked for clarification on the formal relationship between
the Staff Manager's Issues Report, the FAQ and the Terms of Reference.
Bruce Tonkin explained that the Issues report, from a policy development
process point of view, described issues, gave background and information on
the topic, while the scope of the work was defined by the GNSO Council.
Ken Stubbs suggested that there be a procedure to assure the confidentiality
of submissions and that experts used by ICANN be subject to confidentiality
agreements as well. In addition ICANN should be able to use experts in the
"quick look" process.
Philip Sheppard spoke out in favour of moving forward on the terms of
reference and leaving in depth discussion to the working group.
Jordyn Buchanan stated that the Registry Constituency was uncomfortable with
the broad terms of reference as they stood and had not yet come up with
concrete terms of reference that were more constraining. Security and
stability concerns led to the Issues Report but the policy and development
process and the proposed line of action might not necessarily be successful
in improving these.
Christopher Wilkinson leaves the teleconference.
Marc Schneiders expressed the concern that the "user" community was left
out. Bruce Tonkin suggested including the option for the GNSO to consider
incorporating a process for ICANN to seek input from affected stakeholders
or the general public in the terms of reference, rather than just outside
The language in the title phrase was modified to:
"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, which also included a modification in the last phrase of
the task force description."
While Philip Sheppard and Marilyn Cade proposed proceeding forward with a
vote to initiate the policy development process, the registry constituency
had concerns that constrained their ability to vote favourably on the terms
of reference, not out of objection but in order to fully understand the
implications of the terms of reference and make some improvements before
being able to fully support the process.
Cary Karp, seconded by Jordyn Buchanan proposed a procedural motion:
To defer the vote to initiate the policy development process for a period of
14 days for further refinement of the terms of reference.
The motion failed with 21 votes against and 6 registry constituency votes in
Decision 2: The vote will not be deferred for a period of 14 days for
further refinement of the terms of reference.
Item 4: Decision required by Council to proceed with policy development on
an issue detailed in the terms of reference in (3) above
Philip Sheppard, seconded by Marc Schneiders, proposed:
To initiate the policy development process on the issue of registry services
based on the terms of reference as amended on the call
The motion carried with 21 votes in favour, 4 votes against and one
Decision 3: To initiate the policy development process on the issue of
registry services based on the terms of reference as amended on the call.
Item 5: If the council decides to proceed with policy development in agenda
item 4, then a decision is required as to whether to form a task force and
if not, how to manage the policy process at the Council level.
Bruce Tonkin described the process from the ICANN bylaws when no task force
8. Procedure if No Task Force is Formed
a. If the Council decides not to convene a task force, the Council will
request that, within ten (10) calendar days thereafter, each constituency
appoint a representative to solicit the constituency's views on the issue.
Each such representative shall be asked to submit a Constituency Statement
to the Staff Manager within thirty-five (35) calendar days after initiation
of the PDP.
b. The Council may also pursue other options that it deems appropriate to
assist in the PDP, including appointing a particular individual or
organization to gather information on the issue or scheduling meetings for
deliberation or briefing. All such information shall be submitted to the
Staff Manager within thirty-five (35) calendar days after initiation of the
c. The Staff Manager will take all Constituency Statements, Public Comment
Statements, and other information and compile (and post on the Comment Site)
an Initial Report within fifty (50) calendar days after initiation of the
PDP. Thereafter, the PDP shall follow the provisions of Item 9 below in
creating a Final Report.
Bruce Tonkin asked John Jeffrey whether there were any restrictions on
Council forming a committee as a whole to work in the context of the policy
John Jeffrey replied that there were no restrictions as had been pointed out
in the FAQ.
Marilyn Cade, seconded by Antonio Harris proposed that:
Council undertakes the policy development process as a committee as a whole
and follows the policy development process with the requirements of public
notice in compliance with the ICANN bylaws and procedure when no task force
The motion carried with 25 votes in favour and one abstention (2)
Decision 4: Council undertakes the policy development process as a committee
as a whole and follows the policy development process with the requirements
of public notice in compliance with the ICANN bylaws and procedure when no
task force is formed.
Bruce Tonkin declared GNSO teleconference closed, and thanked everybody for
The meeting ended: 21 :05 UTC
Next GNSO Council teleconference: Thursday December 18, 2003 at 19:00 UTC
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