Council Decisions and Resolutions

136-02

THE CCNSO COUNCIL RESOLVED to adopt the Term of Reference for review of the ccNSO Meeting Strategy, including the proposed timeline. The ccNSO Council appoints the former members of the drafting team to the ccNSO Meeting Strategy Review team:

- Alejandra Reynoso

- Margarita Valdes Cortes

- Mira Fajriyah

- Jordan Carter

- Giovanni Seppia

136-04

At the nomination of the chair of the TLD-OPS steering committee, Régis MASSÉ, is appointed as member of the TLD-Ops Steering Committee.

136-06

THE CCNSO COUNCIL RESOLVED TO nominate Nigel Roberts to be designated by the Empowered Community Administrative Committee to fill ICANN Board Seat number 12 starting at the end of ICANN's Annual General Meeting in 2018 for a term of three years.

1. THE CCNSO COUNCIL RESOLVED TO request its chair and vice-chairs to develop a procedure for a background check for future candidate nominees for Board seat 11 and 12 of the ICANN Board of Directors. In developing such a procedure, the chair and vice-chairs are advised to look at the current similar procedures used by NomCom, ASO and ALAC, for the nomination of ICANN Board Members.
2. Such a procedure shall be adopted by the ccNSO Council and after adoption included in the ccNSO Guideline Board election/nomination, whatever is appropriate at the time.
3. After the ccNSO Council has adopted the procedure, the current ccNSO nominated Board members and candidate nominee(s) shall be asked to voluntary subject themselves to the adopted background check procedure.

Background

134-01:
As suggested by the ccNSO Guideline Review Committee, the ccNSO COUNCIL RESOLVED TO request the ccNSO Travel Funding Committee to test criteria to assess applications for travel funding and related mechanism as included in the latest version of the travel funding guideline proposed by the GRC on its effectiveness. The Travel funding committee is requested to report to Council and the GRC after closure of the next round application round.

Background
The TLD-OPS Standing Committee has reviewed its charter. The current Charter was adopted in August 2015. Since 2015 the TLD-OPS and role of the TLD-Ops Standing Committee has evolved. This is now reflected in the updated charter.

133-02:
THE CCNSO COUNCIL RESOLVED TO adopt the amended version of the TLD-Ops Standing Committee, and request the secretariat to adjust the revision number and publish the updated version charter.

Background
In November 2008 the NomCom appointed an employee of a ccTLD manager that had no representative on the ccNSO Council at the time of appointment. Independent of the qualities of the appointee, the ccNSO Council decided to send a letter to the Board (see: https://ccnso.icann.org/workinggroups/minutes-council-call-16sep08.pdf) to convey the view of the ccNSO Council on the role of NomCom appointees and the role of NomCom in seeking and appointing Councillors. In addition, in order to assist the NomCom, the ccNSO Council developed criteria for suitable candidates.

In 2012, the Chair of the NomCom at that time confirmed that the NomCom would be "avoiding any member already belonging to the cc management participating in the cc constituency" (Chair of the NomCom email to Chair of the ccNSO). In addition, the Chair of the NomCom 2013 requested input on additional requirements from a ccNSO perspective for appointing Councillors to the ccNSO Council. The Council re-iterated the earlier criteria: "To maintain the current balance the ccNSO Council strongly advises the Nominating Committee not to appoint members who are directly or indirectly associated with a ccTLD manager (either as a Board member, employee or advisor) nor Board member or employee of a Regional Organisation" (https://ccnso.icann.org/about/nomcom-appointee-requirements-21dec12-en.pdf)

The 2017 prospective Nominating Committee appointee to the ccNSO Council is a Board Member of the Canadian Internet Registry Association (CIRA). The proposed appointment fails to comply with the above quoted long standing criteria. Our concern is aggravated by the additional fact that the relevant ccTLD manager is already represented on the ccNSO Council by a Member unanimously elected by ccNSO members from that particular region.

133-04:
Independent of the qualities of the recently NomCom appointed Council member, the ccNSO Council expresses its strong disappointment in the decision of NomCom that despite its earlier assurances it has appointed a person who is directly related with a ccTLD manager, which in addition already has a seat on the ccNSO Council. The Council re-iterates its grave concern that this appointment does not respect NomCom's role and mission to add independent people to the ccNSO Council. In addition, the ccNSO urges NomCom to indicate how they intend to assure that such an appointment will be avoided in future.

THE CCNSO COUNCIL RESOLVED TO request the Chair to draft a letter to the Chair of the Nominating Committee, the ICANN Board, and the appointee informing them of Council's views and that the proposed appointment is unacceptable to the ccNSO Council. This letter is to be adopted by Council before it is send.

132-01:

THE CCNSO COUNCIL RESOLVED TO adopt the timeline as proposed for the general ccNSO Council Election 2018 and appoints Joke Braeken as Election Manager for that Election.

132-03:

THE CCNSO COUNCIL RESOLVED TO request the secretariat to send out a call for 3 volunteers who are to draft the terms of reference for a ccNSO review of the ccNSO meeting format, taking into account the experience of the last 6 meetings under ICANN's meeting strategy. Margarita Valdez and Alejandra Reynoso are requested to participate in this effort in their capacity as member of the former ICANN Meeting Strategy and chair of the ccNSO Program WG.

Intermeeting decision

Annebeth Lange has been appointed by the ccNSO Council as co-chair to the New gTLD Subsequent Procedures PDP Working Group within the GNSO

131-01

THE CCNSO COUNCIL RESOLVED TO appoint Vadim A. Mikhaylov (.su) as member of the PDP WG Retirement.

131-03

Background
At the ccNSO members meeting the recommendations of the CCWG Use of Country and Territory names to continue work on use of Country and Territory Names as TLDs were discussed and supported. However, the format to continue work is still under community discussion. Awaiting the outcome of that discussion the ccNSO Council defers the adoption of the final paper to the next meeting (July 2017).

Decision
THE CCNSO COUNCIL RESOLVED TO adopt the Final Paper of and support recommendation 1, 2 and 4:

1. Close this CWG in accordance with and as foreseen in the charter.

2. Recommend that the ICANN community consolidate all policy efforts relating to geographic names (as that term has traditionally very broadly been defined in the ICANN environment to this point) to enable in-depth analyses and discussions on all aspects related to all geographic-related names. This is the only way, in our view, to determine whether a harmonized framework is truly achievable.

4. Recommend that future policy development work must facilitate an all-inclusive dialogue to ensure that all members of the community have the opportunity to participate. Again, we believe that this is the only way to determine whether a harmonized framework is truly achievable.

The Council also request the ccNSO appointed members to the CWG to keep the Council abreast of the developments and advise the Council on next steps. The ccNSO Council thanks and congratulates the CWG and in particular its ccNSO appointed members and co-chair Annebeth Lange.

130-01

RESOLUTION: In accordance with charter PDP WG Retirement the WG members have nominated Nigel Roberts as chair and Eberhard Lisse as vice-chair. Both accepted the nomination.

Decision: The ccNSO Council appoints Nigel Robert (.gg and .je) as chair and Eberhard Lisse (.na) as vice-chair of the PDP WG retirement of ccTLDs.

130-03

RESOLUTION: Background - Cristian Hesselman (.nl) will step down at the end of the meeting as chair of the TLD OPS steering committee. The members of this group unanimously nominated Jacques Latour (.ca). In addition the committee proposes that Brett Carr (.uk) replaces Cristina on the committee.

Decision: The ccNSO Council appoints Jacques Latour (.ca) as chair of the TLD-OPS steering committee and Brett Carr,.uk , as member of the TLD-OPS Steering Committee.

RESOLUTION 130-05:

At the ccNSO members meeting the recommendations of the CCWG Use of Country and Territory names to continue work on use of Country and Territory Names as TLDs were discussed and supported. However, the format to continue work is still under community discussion. Awaiting the outcome of that discussion the ccNSO Council RESOLVED TO defer the adoption of the final paper to the next meeting (July 2017).

RESOLUTION 130-07:

Background

At the ccNSO members meeting the ccTLD managers present were extensively informed about the decision making of the ccNSO as Decisional Participant, the ccNSO decision during the Approval Action Decision Period and Rejection Action Approval Decision Period. The focus was on discussion of the role of membership and Council. The alternatives were:

1. Only ccNSO Council to take approval action decision
2. ccNSO Council decision on approval action subject to request of members vote and members vote (under rules of the ccNSO)
3. Only members vote (no quorum, simple majority)

Following an extensive discussion, the vast majority of the ccTLD community present supports Alternative 2: ccNSO Council final decision in approval action process and rejection action petition process should be subject to request of member's ratification vote (under the 2004 rules of the ccNSO).

Decision

The ccNSO COUNCIL RESOLVED TO request the Guideline Review Committee to finalize the Guideline: ccNSO Procedure for the Exercise of the Empowered Community's rights to Approve Specified Actions and to develop the ccNSO internal rejection action procedure guideline taking into account the outcome of the consultation of the ccTLD community. The outcome is that the ccNSO Council final decision in approval action process and rejection action petition process should be subject to request of members ratification vote (under the 2004 rules of the ccNSO)

RESOLUTION 130-09:

Decision

After an extensive discussion, including but not limited to an in depth briefing by ICANN's meeting team, the ccTLD community present supports the continued ccNSO presence and participation at ICANN 60 (Abu Dhabi). The ccNSO Council will therefore continue to prepare for and assist in the organization of ICANN 60 and does not see terms to change the regular mode of participation.

129-01

Background: The secretariat send out a call for volunteers to the relevant ccTLD and ccNSO email lists to volunteers as members of the PDP WG on retirement of ccTLDs. By closure of the call for volunteers, the following volunteers applied:

Nigel Roberts
Patricio Poblete
Dr Eberhard W Lisse
Stephen Deerhake
Peter Van Roste
Peter Vergote
Danko Jevtović
Mirjana Tasić
Martin Boyle
Tom Barrett
Wafa Dahmani
Abibu Ntahigiye
Svitlana Tkachenko
Barrack Otieno
Annebeth Lange
Nick Wenban-Smith
Barbara Povše
Debbie Monahan
Allan MacGillivray
Peter Koch
Garth Miller

If required person not directly related to a ccTLD, a ccTLD manger manager supported the membership application.

THE CCNSO COUNCIL RESOLVED TO appoint the applicants listed as members of the ccNSO Policy Development Working Group on the retirement of ccTLDs, and ask the ccNSO secretariat to inform them accordingly and set up an email list, and take all the other steps to start the WG.

127-01

THE CCNSO COUNCIL RESOLVED to initiate the ccNSO Council procedure to prepare a submission to the ICANN FY 2018 Budget and/or Operational Plan seeking an increase in the number of ccNSO traveling slots. The ccNSO Council designates Nigel Roberts as lead of the drafting team and request the secretariat to send out a call for volunteers to take part in the drafting team. In preparing the Council Statement the drafting team is requested to propose a reasonable number of traveling slots and the rationale for the proposed number.

127-03

Background

At its meeting on 10 December 2015 the ccNSO Council discussed the launch of the formal ccNSO Policy Development Processes to address the lack of policy with respect to retirement of ccTLDs and Review Mechanism on issues of delegation, revocation and retirement of ccTLDs.

To increase the predictability and legitimacy of decision pertaining to the retirement of ccTLDs and in accordance with the recommendations of the ccNSO Delegation and Redelegation working group (DRDWG) in 20111, the void or lack of policy relating to the retirement of ccTLDs needs to filled by a policy developed by the ccNSO. However, at the time the DRDWG also recommended that such a ccNSO PDP should be launched following the development of a Framework of Interpretation of RFC 1591.

Assuming the IANA Stewardship Transition will be successful, a Review Mechanism should be in place rather sooner than later to ensure a redress mechanism for ccTLDs with respect to the most critical decisions pertaining to ccTLDs: delegation, revocation, transfer and retirement of a ccTLD. Until such time a policy this has been developed and is implemented, such a mechanism remains unavailable, whilst comparable decisions or similar decisions affecting gTLDs are subject to review and redress.

Following the initial discussions of Council, input and feed-back was sought from the community at the Marrakesh and Helsinki meetings. The community present was of the view that the initial focus needs to be on developing a Review Mechanism, which is considered the highest priority, in particular in light of the IANA Stewardship transition. Only then the focus should on retirement, and, if needed, revisit the Review Mechanism to include decisions relating to the retirement of ccTLDs.

1. In accordance with Annex B section 3and 4 of the ICANN Bylaws, the ccNSO Council decides that:
   
   1. Based on a review of the issues, considering that the Threshold Criteria are met, and taking into account General Counsel's opinion, the Issues Manager recommendation to initiate one (1) ccNSO Policy Development Process to develop policies for a Review Mechanism and on the retirement of ccTLDs.
   2. The initial focus needs to be on developing a policy for Retirement of ccTLDs, and only after the substantive work has been concluded the focus should be on developing a recommendations pertaining to the Review Mechanism pertaining to decisions on delegation, transfer, revocation and retirement of ccTLDs.
   3. To appoint two working groups each with its own charter, working method and schedule.
2. The secretariat is requested to send out a call for volunteers for the first WG, and invite other stakeholders listed in the relevant charter, to participate in the WG in the manner most suited to them.
3. As required under Annex B, the Chair of the ccNSO is requested to formally inform the Chair of the GAC and ask the GAC to advise or provide an opinion.
4. The chair of the ccNSO is requested to recommend the ICANN Board of Directors to defer any decisions pertaining to the retirement of a ccTLD until such a time the policy for the retirement of the ccTLD has been developed following this ccNSO PDP 3 and adopted and implemented by ICANN.
5. The secretariat is requested is publish this resolution as soon as possible and upon publication it becomes effective.

Intermeeting decision

The ccNSO Council the suggestion to limit the scope of the ATRT3 review.

126-01

THE CCNSO COUNCIL RESOLVED TO adopt the ccNSO Guideline: ccNSO Council Practices as proposed by the ccNSO Guideline Review Committee (GRC WG)

The ccNSO Secretariat is requested to publish the Guideline as soon as possible on the ccNSO Website and inform the community accordingly. The adopted Guideline will be effective 7 days after publication of the Guideline on the ccNSO Website.

125-02

THE CCNSO COUNCIL RESOLVED TO request ccNSO secretariat to send out a call for a volunteer to fill the role as ccNSO appointed liaison to the GNSO. The secretariat is also requested to inform the GNSO Council accordingly. Finally, the ccNSO thanks Patrick Myles wholeheartedly for all his hard work and efforts and thanks to CENTR for allowing and supporting Patrick in his role.