Agenda 8 May 2008

Proposed GNSO Council Agenda 8 May 2008

This agenda was established according to the Rules of Procedure for the GNSO Council

Coordinated Universal Time12:00 UTC - see below for local times
(05:00 Los Angeles, 08:00 Washington DC, 13:00 London, 14:00 Brussels, 22:00 Melbourne)

Avri Doria will be chairing the GNSO Council meeting
Scheduled time for meeting 120 mins.

Dial-in numbers sent individually to Council members.

Item 0: Roll call of Council members

Item 1: Update any statements of interest

Item 2: Review/amend agenda

Move item 5 to after item 12
corrected Item 10 regarding Single-character second-level domain names

Item 3: Approve GNSO Council minutes of 27 March 2008 and 17 April 2008 (5 mins)
http://gnso.icann.org/mailing-lists/archives/council/msg04962.html

• Passed Unanimously

http://gnso.icann.org/mailing-lists/archives/council/msg04999.html

• Passed Unanimously

Item 4: Update from Denise Michel on Board activities (10 mins)

Item 6: Front-running discussion (15 mins)

Should the council initiate a drafting team to work with staff to define a pre-issues research effort?
If so, what sort of expertise is required and what questions need to be asked?

Motion:

• Moved: Chuck
• Second: Kristina

Create a drafting team to look at questions such as:
   - How is the problem defined?
   - How prevalent is the problem?
   - Will the measures relating to domain tasting affect front running?
   - Are there rules within the RAA that can be used?

The goal is to bring a recommendation to the council on whether to request an Issues report or more extensive research effort and to define the terms of the report.

This team should bring its report in time for deliberations in Paris by 7 June 2008 or sooner if possible.

Team is open to constituency members. liaisons are invited to participate

• Passed unanimously

Item 7: Fast-Flux vote on motions (20 mins)

Moved: Mike Rodenbaugh
Seconded: Tony Holmes

Friendly ammendment: Philip Sheppard

http://gnso.icann.org/mailing-lists/archives/council/msg04958.html

MOTION 1
Whereas, "fast flux" DNS changes are increasingly being used to commit crime and frustrate law enforcement efforts to combat crime, with criminals rapidly modifying IP addresses and/or nameservers in effort to evade detection and shutdown of their criminal website;

Whereas, the Security and Stability Advisory Committee has reported on this trend in its Advisory SAC 025, dated January 2008: http://www.icann.org/committees/security/sac025.pdf/

Whereas, the SSAC Advisory describes the technical aspects of fast flux hosting, explains how DNS is being exploited to abet criminal activities, discusses current and possible methods of mitigating this activity, and recommends that appropriate bodies consider policies that would make practical mitigation methods universally available to all registrants, ISPs, registrars and registries,

Whereas, the GNSO resolved on March 6, 2008 to request an Issues Report from ICANN Staff, to consider the SAC Advisory and outline potential next steps for GNSO policy development designed to mitigate the current ability for criminals to exploit the NS via "fast flux" IP and/or nameserver changes;

Whereas, the ICANN Staff has prepared an Issues Report dated March 25, 2008, http://gnso.icann.org/issues/fast-flux-hosting/gnso-issues-report-fast-flux-25mar08.pdf, recommending that the GNSO sponsor additional fact-finding and research to develop best practices guidelines concerning fast flux `hosting, and to provide data to assist policy development and illuminate potential policy options.;

Whereas, ICANN should consider whether and how it might encourage registry operators and registrars to take steps that would help to reduce the damage done by cybercriminals, by curtailing the effectiveness of these fast flux hosting exploits.

The GNSO Council RESOLVES:

To initiate a Policy Development Process uniquely on the issues deemed in scope in the Issues report.

(This will require a 33% vote)

• Passed with 8 votes

MOTION 2 (Contingent on success of Motion 1)

Whereas Council has decided to launch a PDP on fast flux hosting;

The GNSO Council RESOLVES:

To form a Task Force of interested stakeholders and Constituency representatives, to collaborate broadly with knowledgeable individuals and organizations, in order to develop potential policy options to curtail the criminal use of fast flux hosting.

The Task Force initially shall consider the following questions:

• Who benefits from fast flux, and who is harmed?
• Who would benefit from cessation of the practice and who would be harmed?
• How are registry operators involved in fast flux hosting activities?
• How are registrars involved in fast flux hosting activities?
• How are registrants affected by fast flux hosting?
• How are Internet users affected by fast flux hosting?
• What measures could be implemented by registries and registrars to mitigate the negative effects of fast flux?
• What would be the impact (positive or negative) of establishing limitations, guidelines, or restrictions on registrants, registrars and/or registries with respect to practices that enable or facilitate fast flux hosting?

The Task Force shall report back to Council within 90 days, with a report discussing these questions and the range of possible answers developed by the Task Force members. The Task Force report also shall outline potential next steps for Council deliberation.

(This will require a 50% vote)

• Motion Failed with 8 votes

MOTION 3 (Contingent on failure of Motion 1)

Chuck Gomes alternate/contingent motion

http://gnso.icann.org/mailing-lists/archives/council/msg04995.html

"Whereas:

The Security and Stability Advisory Committee reported on “fast flux” DNS changes in its January 2008 Advisory SAC 025 (http://www.icann.org/committees/security/sac025.pdf/),

The GNSO resolved on March 6, 2008 to request an Issues Report from ICANN Staff to consider the SAC Advisory and outline potential next steps for GNSO policy development designed to mitigate the current ability for criminals to exploit DNS via "fast flux" IP and/or nameserver changes.

ICANN Staff prepared an Issues Report dated March 25, 2008 (http://gnso.icann.org/issues/fast-flux-hosting/gnso-issues-report-fast-flux-25mar08.pdf) recommending that the GNSO sponsor additional fact-finding and research to develop best practices guidelines concerning fast flux hosting and that it may be appropriate for the ccNSO also to participate in such an activity,

Resolve that:

The Council form a drafting team of interested and qualified individuals to develop a list of questions regarding “fast flux” hosting for which answers would facilitate pending action by the Council regarding policy development work and task that team with submitting the list to the Council not later then 22 May 2008,

Form an expert panel consisting of volunteers from groups such as the SSAC, the APWG, and constituencies that have expertise related to the use of fast flux and task that group with answering as best as possible the questions delivered by the drafting team and delivering those answers to the Council NLT 11 June 2008.

The Council decide whether or not to initiate a “fast flux” PDP as soon as possible after receipt of answers from the expert panel.

Motion 4

Move: Avri Doria
Seconded: Chuck Gomes

Whereas the motion to initiate a Task Force Failed

Resolved the Council will create a working group to fulfill the requirement of the PDP. A charter for that working group will be presented to the council by 22 May 2008 for approval at the 29 May 2008 meeting. The schedule for the constituency reports and the public comment will be included in that charter.

• Passed unanimously by a voice vote

Item 8: Inter-Registrar Transfer Policy Review – next steps (20 mins)

Chuck Gomes' motion
http://gnso.icann.org/mailing-lists/archives/council/msg04994.html

GNSO Council Motion regarding Additional IRTP PDPs

Motion from Chuck Gomes, 21 April 2008
Seconded: Tim Ruiz

Whereas:

The Inter-Registrar Transfer Policy (IRTP) is an existing consensus policy under review by the GNSO,

An IRTP working group examined possible areas for improving the existing policy and delivered its outcome in August 2007 in a report posted at http://www.gnso.icann.org/drafts/Transfer-Policy-Issues-23aug07.pdf and this report provided a list of potential issues to address for improvement of the transfer policy,

In September 2007 a working group was tasked by the GNSO Council to assign priorities to the remaining issues in the report (i.e., those not addressed in the PDP underway regarding four reasons for denial of a registrar transfer) resulting in the prioritized issue list contained in that group’s report at http://www.gnso.icann.org/drafts/irdx-policy-priorities-20dec07.pdf,

In its meeting on 17 January 2008 the GNSO Council requested a small group of volunteers arrange the prioritized issue list into suggested PDPs,

The small group delivered its recommended PDPs on19 March 2008 in its report athttp://gnso.icann.org/drafts/transfer-wg-recommendations-pdp-groupings-19mar08.pdf,

Resolved

That five PDPs be initiated in the order suggested by the small group and shown here:

        * First part of issue only

Resolve that the recommendations of the small group be approved to not initiate PDPs at this time for issues 11, 13, 14, the second part of 15, and 17.

Resolved that the council asks the staff to produce an Issues report of the Items listed under A - New IRTP Issues.

Resolved Council will review the progress of these PDPs every 60 days with the goal of moving the process along as quickly as possible.

• Motion passed with a majority of 20 votes (unanomous)

Item 9: Discussion on pending budget measure for domain tasting (10 mins)
http://www.icann.org/minutes/minutes-23jan08.htm
THEREFORE, the Board resolves (2008.01.04) to encourage ICANN's budgetary process to
include fees for all domains added, including domains added during the AGP,
and encourages community discussion involved in developing the ICANN budget,
subject to both Board approval and registrar approval of this fee.

• discussion tabled for next meeting and the possible introduction of motions

Item 10: Single-character second-level domain names (10 mins)

http://gnso.icann.org/drafts/icann-synthesis-on-sldns-27feb08.pdf

• brief status given, further discussion tabled for next meeting. to be put early in the agenda

Item 11: Status update on Whois proposals (5 mins)
http://gnso.icann.org/mailing-lists/archives/council/msg04998.html

• recommendation in time for next meeting

Item 12: GNSO Improvements – discussion (15 mins)

• Initial plan by next meeting

Item 5: Update from Edmon Chung on IDNC (10 mins)

Item 13: Action Items (5 mins)
http://gnso.icann.org/meetings/pending-action-list.pdf

Item 14: AOB

(05:00 Los Angeles, 08:00 Washington DC, 13:00 London, 14:00 Brussels, 22:00 Melbourne)

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