[council] GNSO Council resolution 27 November 2019

Terri Agnew terri.agnew at icann.org
Thu Nov 28 00:15:18 UTC 2019

Dear all,

Please find below the resolution from the GNSO council email vote ending on 27 November 2019 which has been posted on the GNSO resolutions<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_council_resolutions&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=yxEnwDIwckb9fkvlckC1vW6G9xQe0NyPu1F-rRdOgzE&s=Z3iuKG7u1GgrF1LpP0WGzNaqjg88s0AvxRP-VGk0ymE&e=> page.

20191127 – 1

Motion to Support the Approval Action pertaining to the Fundamental Bylaws Amendment regarding the IANA Naming Function Review Team Composition

1. Due to changing composition of the ccNSO in the years since the IANA Stewardship Transition, the ccNSO Council had difficulty locating a non-ccNSO ccTLD representative to the IANA Naming Function Review Team (IFR Team) as required by Section 18.7(b) of the ICANN Bylaws. As a result, this significantly delayed the completion of composition of the IFR Team, and this same difficulty is anticipated to arise for future IANA Naming Function Reviews.
2. On 12 April 2019 the ccNSO Council requested the ICANN Board to initiate an amendment to the ICANN Bylaws to remedy this situation, and proposed language for such amendment. Per ICANN Board request, the proposed amendment to Section 18.7 of the ICANN Bylaws was posted for public comment<https://www.icann.org/public-comments/bylaws-amend-iana-naming-function-2019-06-10-en> from 10 June – 9 August 2019. Six comments were received, and no commenters were opposed to the amendment.
3. On 8 September 2019, the ICANN Board approved<https://www.icann.org/resources/board-material/prelim-report-2019-09-08-en#1.e> the amendment to the Fundamental Bylaws at Article 18, Section 18.7 regarding IANA Naming Function Review Team composition.
4. The amended Bylaws at Article 18, Section 18.7 reads the following: "(a) Three representatives who are associated with ccTLD managers, appointed by the ccNSO Council. Representatives need not be associated with a ccNSO member. The ccNSO Council should use an inclusive process, which is open to all ccTLD managers, independent of their membership to the ccNSO. It is strongly recommended that the ccNSO Council reaches out to all ccTLD managers directly and or through regional ccTLD organizations (i.e., AfTLD, APTLD, LACTLD, and CENTR) in seeking volunteers." The other portions of Section 18.7 are renumbered as a result of this modification. The full redline of the Board approved changes to Section 18.7 is available here<https://www.icann.org/en/system/files/files/draft-proposed-bylaws-amend-section-18-7-redline-16apr19-en.pdf>.
5. Per Annex D, Section 1.3(c) of the ICANN Bylaws, the Approval Action Community Forum<https://66.schedule.icann.org/meetings/1116779> pertaining to the Fundamental Bylaws amendment regarding the IANA Naming Function Review Team Composition convened, at the request of the Empowered Community, during ICANN's 66th public meeting on Sunday, 3 November at 8:00-9:00 am EST.
6. The Approval Action Community Forum Period pertaining to the Fundamental Bylaws amendment regarding the IANA Naming Function Review Team Composition has expired on 7 November 2019 at 11:59 pm EST.
7. Per Annex D, Section 1.4(a) of the ICANN Bylaws, at any time or date prior to 11:59 p.m. PST on Thursday 28 November 2019, with respect to the Fundamental Bylaws amendment regarding the IANA Naming Function Review Team Composition, each Decisional Participant shall inform the EC Administration in writing as to whether such Decisional Participant (i) supports such Approval Action, (ii) objects to such Approval Action or (iii) has determined to abstain from the matter (which shall not count as supporting or objecting to such Approval Action), and each Decisional Participant shall forward such notice to the Secretary for ICANN to promptly post on the Website.
8. From 07 November 2019 to 19 November 2019, the GNSO Stakeholder Groups and Constituencies had the opportunity to provide feedback, opinions or comments on the merits of the Approval Action prior to the GNSO Council vote to decide its support, objection to, or abstention from the matter.
9. Per Section 11.3(j)(iv) of the ICANN Bylaws, amendments to Fundamental Bylaws requires an affirmative vote of a GNSO Supermajority.
10.  Per Section 11.3(i) of the ICANN Bylaws, GNSO Supermajority means: (A) two-thirds (2/3) of the Council members of each House, or (B) three-fourths (3/4) of the Council members of one House and a majority of the Council members of the other House.

1. The GNSO Council supports the Approval Action pertaining to the Fundamental Bylaws amendment regarding the IANA Naming Function Review Team Composition that was approved by the ICANN Board.
2. The GNSO Council requests the GNSO Representative on the EC Administration to promptly inform the EC Administration, the other Decisional Participants, and the ICANN Corporate Secretary about the GNSO Council's decision with respect to the Approval Action.

Vote results<https://gnso.icann.org/sites/default/files/file/field-file-attach/gnso-council-motion-recorder-27nov19-en.pdf>

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