[council] Draft minutes of GNSO Council meeting 30 August 2007

Wed Sep 19 14:28:13 UTC 2007

To: council[at]gnso.icann.org]

Dear Council Members,

Attached, and in plain text below, please find the draft minutes of the 
GNSO Council teleconference held on 30 August 2007.

Please let me know if you would like any changes made.

Thank you very much.

Kind regards,
Glen
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30 August 2007
Proposed agenda and documents
List of attendees:
Philip Sheppard - Commercial & Business Users C.
Mike Rodenbaugh - Commercial & Business Users C.
Bilal Beiram - Commercial & Business Users C
Greg Ruth - ISCPC
Antonio Harris - ISCPC - absent - apologies
Tony Holmes - ISCPC - absent - apologies
Thomas Keller- Registrars
Ross Rader - Registrars
Adrian Kinderis - Registrars - absent - apologies
Chuck Gomes - gTLD registries
Edmon Chung - gTLD registries
Cary Karp - gTLD registries
Kristina Rosette - Intellectual Property Interests C
Ute Decker - Intellectual Property Interests C - absent - apologies
Cyril Chau - Intellectual Property Interests C
Robin Gross - NCUC - absent
Norbert Klein - NCUC
Mawaki Chango - NCUC
Sophia Bekele - Nominating Committee appointee
Jon Bing - Nominating Committee appointee - absent - apologies
Avri Doria - Nominating Committee appointee
15 Council Members
(20 Votes - quorum)
ICANN Board members
Rita Rodin - absent apologies
Bruce Tonkin - absent - apologies

ICANN Staff
Olof Nordling - Manager, Policy Development Coordination
Patrick Jones -
Karen Lentz - gTLD Registry Liaison
Marilyn Vernon - ICANN staff
Glen de Saint Géry - GNSO Secretariat - absent apologies
GNSO Council Liaisons
Suzanne Sene - GAC Liaison
Alan Greenberg - ALAC Liaison - absent - apologies
Observers
Liz Gasster - consultant

MP3 Recording
Avri Doria chaired this meeting

Approval of the agenda
Item 1: Update any Statements of Interest
No updated statements of interest
Item 2: Approval of the GNSO Council minutes of 9 August 2007
http://gnso.icann.org/mailing-lists/archives/council/msg03734.html

Avri Doria, seconded by Tom Keller moved the adoption of the GNSO 
Council minutes of 9 August 2007
Motion approved
Kristina Rosette, Ross Rader, Cary Karp and Mawaki Chango abstained.

Decision 1: The Council approved the GNSO Council minutes of 9 August 2007.

Item 3: Report from whois WG
- Final Outcomes Report of the WHOIS Working Group
http://gnso.icann.org/drafts/icann-whois-wg-report-final-1-9.pdf
- Whois Working Group Charter
http://gnso.icann.org/issues/whois-privacy/whois-wg/whois-working-group-charter-16apr07.pdf
- Final Task Force Report on WHOIS Services
http://gnso.icann.org/issues/whois-privacy/whois-services-final-tf-report-12mar07.htm

Philip Sheppard gave an overview of the WHOIS working group process.The 
working group ran from 25 April to 1 August, a little over the deadline 
which was to conclude its work by 30 July 2007. The group included 70 
participants, the majority of whom were observers, that is, as
described in the WHOIS working group charter, "not members of or 
entitled to vote on the working group, but otherwise shall be entitled 
to participate on equal footing with members of the working group. In 
particular observers will be able to join the mailing list, and attend 
teleconferences or physical meetings". Most of the observers spoke for 
themselves or their organisation. No attempt was made to assess support 
by GNSO constituency or other interest grouping.
At the beginning three subgroups were formed, each with a separate 
chair, to work on the three topics in the terms of reference.
http://gnso.icann.org/issues/whois-privacy/whois-wg/whois-working-group-charter-16apr07.pdf
Staff then produced a composite report for the whole working group.

The group as a whole then revisited all the subject matter during a 
series of teleconferences and an extended face to face meeting in Puerto 
Rico. This led to a continued iteration of reports, which were updated 
according to those meetings.

No votes were conducted, agreed recommendations were supported 
unanimously or by a substantial
majority present at the relevant meeting when that item was discussed, 
and received insufficient objections to downgrade them in a validation 
report that followed. Objections that were recorded, went to a final few 
rounds of validation. This process was used to help assess whether or 
not opinions stated in the report were agreed, supported or alternative 
views. Alternative views were differing opinions expressed in relation 
to the characteristics of support or agreed categories, or opinions 
about alternate views, not necessarily contrary views.
The report identified implementation options which could be further 
explored after completion of the Working Group's task.

Philip then went on to give an overview of the WHOIS Working group report
http://gnso.icann.org/drafts/icann-whois-wg-report-final-1-9.pdf
In section 1, the objective was broadly stated as public interest - 
balancing privacy and harm.
Section 2 was a description of the Operational Point of Contact, (OPoC) 
who may be an OPoC, how does the OPoC relate to the registrant, the need 
for verification of the OPoC's email address, the need for consent to be 
an OPoC, proxy services, and the OPoC's relationship with technical and 
administrator contacts.
Section 3 described the role and the responsibilities of the OPoC which 
were covered under the headings, relay, reveal and remedy.
Section 4 related to compliance and enforcement.
Section 5 described the type of registrant and display implications, the 
universality of the OPoC and that the distinction should be made between 
legal and natural persons at the time of registration by the registrant 
themselves.
Section 6 dealt with access to undisplayed data records and described 
four ways of accessing WHOIS data: access to displayed WHOIS records, 
one time access, regular query based access to un-displayed data 
records, and full access to displayed and un-displayed records. Further, 
was there a need for access, who might do that, whether or not 
authentication was needed of people making those requests, and if the 
access services should be chargeable.
In section 7 the rejected options, the OPoC Accreditation by ICANN and 
the distinction between commercial and non-commercial registrants, were 
mentioned.
Section 8, Feasibility Studies, focused around unresolved issues which 
included cost related studies,
data privacy issues arising from the self-declaration of Accessors in 
the Access proposal described in section 6; mechanisms for a 
practicable, cost-effective, globally scaleable means of authenticating 
Accessors as described in section 6, information on gTLD registrants and 
registrations and the use and misuse of WHOIS data. It was noted that 
this would be a broadening of a study proposed by the GAC and a go 
beyond the focus on spam in the June 2007 ICANN SSAC study.
Item 4: Discussion on how to close this chapter of WHOIS discussions

There were three proposals before Council on closing the WHOIS discussions:
Avri Doria, Mike Rodenbaugh on behalf of the CBUC and Ross Rader.
Avri Doria proposed the following process for finishing the work on WHOIS
1 - Liz Gasster produces Draft Final Report combining TF report and WG 
report recommended date: September 13
2 - Council reviews draft on the email list and at meeting (if 
necessary) possible September 20 meeting
3 - Constituency Review - recommended dates: September 20 - October 4, 2007
4 - Incorporate Constituency comments by October 1, 2007
5 - Community Public Comment: October 15 - November 6, 2007
6 - Staff production of Draft Implementation Notes
requested by October 15, 2007
7 - Fact to Face discussion in LA on Saturday October 27, 2007
8 - Discussion during Public Meeting/Comment
9 - First meeting after November 6, 2007 - vote

Mike Rodenbaugh on behalf the Business Constituency proposed the 
following process and resolution:
"The BC agrees with the WG that further study of WHOIS issues is 
warranted, however we believe the recommended studies should be 
conducted in phases so as to potentially conserve ICANN resources in the
event that early studies show that later planned studies are not 
warranted or should be modified."
1. The GNSO Council hereby accepts the WG report and acknowledges the 
tremendous effort by WG participants and ICANN staff.
2. The GNSO Council particularly recognizes the WG chair for his adept 
leadership through a contentious and controversial WG process.
3. The GNSO Council does not consider the WG report as an adequate basis 
for any implementation of OPOC.
4. The GNSO Council requests that ICANN staff proceed with the 4 studies 
described in Section 8 of the WG report, as follows:
1. Proceed with study 4 on the characteristics of the Whois database 
first. This study should include a review and analysis of the different 
proxy services.
2. Following completion of study 4, and to the extent it reveals that 
there is a problem with the current Whois policy, ICANN Staff should 
proceed with study one - the cost/benefit analysis.
Completion of study 4 should help determine the parameters of the 
cost/benefit analysis, since the scope of the problem will be known and 
documented.
3. To the extent that the cost/benefit analysis determines that the 
benefits of changing the Whois policy exceed the costs, ICANN Staff 
should proceed with a third study that merges study two on 
self-certification (this should include an analysis of an ex post facto 
review mechanism) and study 3 on authentication (which should include
authentication of any parties with a legitimate interest in the data).
Ross Rader made the following proposition intended to serve as an 
amendment to the proposed CBUC motion;
Whereas;
1. The GNSO Council accepts the WG report and appreciates the efforts 
made by WG participants and ICANN staff in preparing this report.
2. The GNSO Council does not consider the WG report as sufficiently 
demonstrating consensus or agreement on substantive policy proposals.
3. The GNSO Council considers that the lack of consensus demonstrated 
through this open and inclusive working group is representative of the 
lack of agreement on key issues in this area of policy.
4. The GNSO Council recognizes that there is no standing consensus 
policy concerning the management of the Whois service and data provided 
to the public through that service by ICANN's contracted commercial 
operators, the registries and registrars. save and except the Whois Data 
Reminder Policy and the Whois Marketing Restriction Policy.
Therefore;
Be it resolved;

a) that the GNSO Council concludes the current PDP on Whois.

b) graciously thanks all of the volunteers, consultants, staff and 
others who have participated in the GNSO's examination of Whois policy 
over the last four years.

c) that the GNSO Council makes no specific policy recommendation to the 
ICANN board at this time concerning Whois or related policy.

d) that the GNSO Council recommends to the ICANN staff and Board of 
Directors that due to the lack of consensus on issues in this area that 
current contractual requirements concerning Whois for registries, 
registrars and registrants that are not supported by consensus policy be 
eliminated from the current operating agreements between ICANN and its 
contracted parties until such time that consensus policy in this area 
has been developed.

Avri Doria proposed posting an amended proposal to the Council list to 
be voted on at the next Council meeting on 6 September 2007
Item 5: Review of Action Items:
http://gnso.icann.org/meetings/pending-action-list.pdf
5.1 New gTLDs
Council would vote on September 6, 2007

5.2 IGO Follow up report
Olof Nordling reported that the work was advancing and a draft report 
would be provided to Council.

5.3 Domain Name Tasting ad hoc group
Mike Rodenbaugh reported that the group was advancing well within the 
timelines.

5.4 Ad hoc IDN-ccTLD group
The final draft document by the working group tasked with preparing 
responses to the request for comments regarding the ccNSO-GAC Issues 
Report on IDN Issues was provided to Council on 21 August 2007.
http://gnso.icann.org/drafts/ccnso-gac-issues-paper-idn-cctld-draft-21Aug07.pdf 

The discussion of the recommendations would be on the agenda of the 
Council meeting on 20 September 2007.

5.5 Reserved Names working group recommendations for new gTLDs.
The ICANN Staff Proposed Implementation Document on GNSO Reserved Names 
Working Group Recommendation was provided to Chuck Gomes, the chair of 
the Reserved names working group for edits, by Patrick Jones. Council 
will receive the report before the next meeting.

5.6 Los Angeles Workshop session on new gTLDs
Planning in progress by a small group under the leadership of Chuck 
Gomes for a 6 hour session on Monday 29 October 2007 in Los Angeles.

5.7 Registrar Transfer policy review.
Ross Rader reported that the by the September 20, Council meeting, staff 
would provide Council with a completed report and it would be on the 
agenda for the Council meeting on 20 September 2007.

Avri Doria commented that the high level agenda before Council could 
change as issues developed.

Item 6 AOB:
6.1 Kristina Rosette enquired about the status of the Council resolution 
on proxy voting.
6.2 Ross Rader enquired about the status of the Council resolution on 
Term limits for Councillors that was passed at the Council meeting on 
November 5, 2006.
Avri Doria adjourned the GNSO Council meeting and thanked everyone for 
their participation.
The meeting ended at 15:46 UTC.
Next GNSO Council teleconference will be on 6 September 2007 at 14:00 UTC.
see: Calendar

Action items arising from the Minutes:

Item 4: Avri Doria to send to the Council list the amended version of 
the proposed process for concluding the work on WHOIS services.

Schedule a Council meeting for 20 September 2007

Item 5.4 : Discussion of the recommendations in the final draft report 
by the working group tasked with preparing responses to the request for 
comments regarding the ccNSO-GAC Issues Report on IDN Issues at the 
Council meeting on 20 September 2007.

5.5 Discussion of Reserved Names working group recommendations for new 
gTLDs at Council meeting on 20 September 2007.

5.7 Registrar Transfer policy review discussion at Council meeting on 20 
September 2007..

Item 6.1 Update on the status of the Council resolution on proxy voting.
6.2 Update on the status of the Council resolution on Term limits for 
Councillors that was passed at the Council meeting on November 5, 2006.

Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org
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