[council] correction: GNSO Council resolutions 31 October 2007

GNSO.SECRETARIAT@GNSO.ICANN.ORG gnso.secretariat at gnso.icann.org
Thu Nov 1 18:13:13 UTC 2007

Dear Council Members,

Correction, Resolution 1 did not pass, 12 votes in favour, 8 votes 
against, 5 abstentions (see the detailed vote below).

Please let me know if you have any questions.

Thank you.
Kind regards,

GNSO Council Open Meeting in LA agenda
also see: http://losangeles2007.icann.org/node/61

Resolution 1

Whereas, the Council has previously requested and received both the 15
June 2007 "GNSO Issues Report on Dispute Handling for IGO Names and
  and the 28 September 2007 "Staff Report on Draft IGO Domain Name
Dispute Resolution Procedure;"

Whereas, the Council believes that further work on the draft IGO Domain
Name Dispute Resolution Procedure is appropriate before voting on
whether to initiate a policy development process on this issue; and

Whereas, the Intellectual Property Constituency is willing to lead a
small ad hoc group to review and consider a proposed draft dispute
resolution procedure,

Now, therefore, be it resolved that the Council authorizes the creation
of a small ad hoc group of interested informed and representative
stakeholders and members of the GAC to review, consider and propose as
appropriate revisions to the Draft IGO Domain Name Dispute Resolution
Procedure set forth in the Staff Report, and instructs the ad hoc group
to report to the Council with its recommendations not later than 15
February 2008.

This resolution did not pass.

12 votes in favour
Ute Decker, Kristina Rosette, Cyril Chua, Tony Holmes, Tony Harris, Greg
Ruth, Jon Bing, Avri Doria, (one vote each)
Adrian Kinderis, Ross Rader (2 votes each)

8 Votes against:
Robin Gross, Norbert Klein, (one vote each)
Cary Karp, Chuck Gomes, edmon Chung (2 votes each)

5 Abstentions:
Mike Rodenbaugh, Bilal Beiram, Mawaki Chango (one vote each) Tom keller
(2 votes)
Total 25 votes

Philip Sheppard and Sophia Bekele - Absent  (one vote each)

Resolution 2.

Whereas the issues report on Domain Tasting

has been released and discussed
Whereas, the GNSO Council acknowledges the Final Outcomes Report of the
ad hoc group on Domain Tasting,

the Council hereby initiates a Policy Development Process, and pursuant
to Sections 4 and 8 of Annex A of the Bylaws,

The GNSO council resolves to initiate a PDP to address the issues set
forth in the Issues Report by Staff and in the Outcomes Report of the ad
hoc group and encourages staff to apply ICANN's fee collections to names
registered and subsequently deregistered during the add-grace period.

Resolution 3.

Whereas, the GNSO Council has resolved to initiate a Policy Development
Process on Domain Tasting, and pursuant to Sections 4 and 8 of Annex A
of the Bylaws, resolves as follows:

1.     To request that each constituency appoint a representative to
solicit the constituency's views on the issues presented in the Issues
Report by Staff and in the Outcomes Report of the ad hoc group.  Each
such representative is asked to submit a Constituency Statement to the
ICANN  staff manager within thirty-five (35) calendar days of this
2.     To request that ICANN Staff take all Constituency Statements, the
two prior reports, and other information and compile (and post on the
Comment Site) an Initial Report within fifty (50) calendar days of this
3.     Thereafter, the PDP shall follow the provisions of Item 9 of
Annex A of the Bylaws, in creating a Final Report for Council.

Resolution 4.

1. The GNSO Council has recently received the Whois Working Group
final report

2. The GNSO Council acknowledges that the broad range of stakeholders
with interests in this issue has lead to a wide range of views of
what the policy issues are and how to best address those policy issues
with solutions that can be supported by the consensus of the community,

3. The GNSO Council observes that the Working Group failed to reach
agreement on several of the key issues identified in the charter of the
Working Group,


4. That broadly, the scope of the issues in this area have evolved
substantially over the term of this Policy Development Process since
it was originally chartered, and;

5. A comprehensive, objective and quantifiable understanding of
key factual issues regarding the gTLD Whois system will benefit future
GNSO policy development efforts, and;

6. The rights and requirements of natural persons, the legal and
business communities, anti-crime and law enforcement and registrars in
the areas of privacy, access, enforcement, investigation, consumer
protection and research would benefit from future policy development by
the GNSO.

THEREFORE, Be it resolved that the GNSO Council;
1. Sincerely thanks all of the volunteers, advisors, consultants,
staff, stakeholders, observers and constituency participants who have
contributed to the GNSO's examination of Whois policy over the last
four years, and;

2. Formally ends the Policy Development Process on gTLD Whois without
making any recommendations for specific policy changes to ICANN’s Board
of Directors, and;

3.  Recognizes the demand for future policy development including, but
not limited to, ensuring appropriate privacy safeguards for natural
persons, lawful access to data for rights enforcement, consumer
protection, law enforcement and anti-crime purposes and will immediately
initiate the following sequential actions:  1) Council shall provide
additional definition regarding the potential data gathering and study
requirements  2) staff shall provide the Council with rough cost
estimates for various components of data gathering and studies no later
than February 15th,
2008;; 3) the Council will decide what data gathering and studies would
be pursued; and 4) staff will perform the resulting data gathering and
studies and report the results back to the Council .

4. May initiate policy development activities in this area, as
supported by the findings of the data-gathering and study  activities
upon their completion.

Resolution 5

Whereas Dr Liz Williams, as Senior Policy Counselor for ICANN, has been
the ICANN Staff Manager assigned to support the GNSO's Policy
Development Process (PDP) on new gTLDs, since December 2005.

Whereas this PDP trialled a number of new approaches in GNSO policy
development, including the use of inter-sessional face-to-face meetings,
calls for formal papers with the ability for the authors to present
those papers and have dialog with the committee, and the use of working
groups to analyse topics such as IDNs, reserved names, and protecting
the rights of others.    The success of the working groups became the
foundation of the Board Governance Committee's GNSO Review Working Group
recommendations on using working groups as the main approach for policy

Whereas Liz worked tirelessly to secure support for many of these
initiatives, and pull together a huge amount of public input, meeting
transcripts, and GNSO constituency contributions into a final set of
principles, recommendations, and guidelines, along with a large range of
supporting material that will assist the ICANN staff in implementing the

Whereas Liz completed the final report on the policy for new gTLDs in
August 2007, finished her term of office with ICANN in September 2007.

It is resolved that the GNSO expresses its sincere gratitude for her
service to the ICANN community and wishes her every success in her next
Glen de Saint Géry
GNSO Secretariat - ICANN

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