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Please note that all documents referenced in the agenda have been gathered on a Wiki page for convenience and easier access: https://community.icann.org/x/wRVpBQ

This agenda was established according to the GNSO Operating Procedures v3.3, updated on 30 January 2018

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Coordinated Universal Time: 12:00 UTC:  https://tinyurl.com/yaojzutp

04:00 Los Angeles; 07:00 Washington; 12:00 London; 17:00 Islamabad; 21:00 Tokyo; 23:00 Melbourne

GNSO Council Meeting Audio Cast

Listen in browser:http://stream.icann.org:8000/stream01

Listen in application such as iTunes:http://stream.icann.org:8000/stream01.m3u

Councilors should notify the GNSO Secretariat in advance if they will not be able to attend and/or need a dial out call.

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1.4 - Note the status of minutes for the previous Council meetings per the GNSO Operating Procedures:

Minutes of the GNSO Council meeting on the 27 September 2018 were posted on the 13 October 2018

Minutes part I and part II of the GNSO Council meetings on the 24 October 2018 were posted on the 12 November 2018

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2.1 - Review focus areas and provide updates on specific key themes / topics, to include review of Projects List and Action Item List


Item 3. Consent Agenda (5 minutes)

  • Motion to adopt the GNSO Council response to the GAC Communique.

  • Motion for the confirmation of GNSO representative to the Empowered Community Administration

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Item 4: COUNCIL DISCUSSION – IGO-INGO Access to Curative Rights Protection Mechanisms (15 minutes)

The IGO-INGO Access to Curative Rights Protection Mechanisms PDP WG had worked to resolve a final recommendation relating to IGO jurisdictional immunity and registrants’ rights to file court proceedings. The WG has determined consensus on a set of options for this final recommendation, as well as for all other recommendations. The WG Chair proposed his determination of consensus levels for all recommendations, which the WG affirmed. On 27 June 2018, the GNSO Council passed a resolution, thanking the PDP WG for its efforts and requesting that it submit its Final Report in time for the 19 July 2018 Council meeting.

After having agreed on consensus levels for its final recommendations, the WG considered the text of its Final Report. On 9 July 2018, the PDP WG submitted its Final Report to the GNSO Council for its consideration, which contains five consensus recommendations and three minority statements, documenting their disagreement either with one or more of the final recommendations or other parts of the Final Report.

There remain several inconsistencies between GAC advice and consensus recommendations from the IGO-INGO PDP WG, which have yet to be reconciled, including on the topic of appropriate protections for IGO acronyms (both preventative and curative). During its 19 July Council meeting, the Council resolved to accept the Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group and has begun considering the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers.

On 9 October 2018, the Council held a question and answer webinar to review the recommendations and to ask itself a series of questions, 1) Does the Council believe that the PDP has addressed the issues that it was chartered to address (i.e. What questions/topics was the Working Group chartered to consider, did it consider those charter topics/questions, and did it do so in a legitimate way)?; 2) Has the PDP followed due process?; and 3) Did the PDP Working Group address GAC advice on the topic?

A motion to consider the Final Report was originally on the 24 October 2018 Council meeting agenda but was withdrawn due to concerns around both the process followed by the PDP, as well as the substance of the PDP WG’s recommendations. Council leadership and staff have developed a summary document [INSERT LINK WHEN READY] circulated on the Council mailing list that lists issues raised by Councilors, options available, and potential considerations.

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On 19 July 2018, the GNSO Council resolved to initiate the Expedited Policy Development Process (EPDP) on the Temporary Specification for gTLD Registration Data and adopt the EPDP Team Charter. Given the challenging timeline for the EPDP and the GNSO Council’s role in managing the PDP process, the Council has agreed that including a recurring update on the EPDP for each Council meeting is prudent.

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On 6 March 2018, ICANN Org sought public comment on the Reserve Fund replenishment strategy, to bring the Reserve Fund to its minimum target level of 12 months.

During the 25 October 2018 meeting of the ICANN Board, two resolutions were adopted to transfer funds to the Reserve Fund. The first transferred US$3,000,000 from the Operating Fund. The second allocated US$36,000,000 of auction proceeds to the Reserve Fund. Several Council members expressed concern that auction proceeds were utilized for this purpose, diminishing the pool of allocatable funds available to the recommendations of the New gTLD Auction Proceeds Cross-Community Working Group (CCWG).

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During its 26 April 2018 meeting, the Council tentatively agreed to have ICANN org conduct a review of the Inter-Registrar Transfer Policy (IRTP). ICANN org utilized the draft framework for conducting the post-implementation review of the IRTP. On 14 November 2018, ICANN org published the IRTP Policy Status Report for public comment.

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Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article 11, Section 11.3(i))

See https://www.icann.org/resources/pages/governance/bylaws-en/#article11.

Appendix 2: GNSO Council Absentee Voting Procedures (GNSO Operating Procedures, Section 4.4)

See https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-30jan18-en.pdf

References for Coordinated Universal Time of 12:00 UTC

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For other places see http://www.timeanddate.com and https://tinyurl.com/yaojzutp