DNSO Names Council Teleconference 14th February 2002 - minutes

21 February 2002.

Proposed agenda and related documents http://www.dnso.org/dnso/notes/20020214.NCteleconf-agenda.html

List of attendees:

Peter de Blanc                 ccTLD
Elisabeth Porteneuve           ccTLD
Oscar Robles Garay             ccTLD     
Philip Sheppard                Business
Marilyn Cade                   Business 
Grant Forsyth                  Business
Greg Ruth                      ISPCP       
Antonio Harris                 ISPCP  [absent, apologies, proxy to Tony Holmes]
Tony Holmes                    ISPCP  proxy for Tony Harris   
Philipp Grabensee              Registrars [absent, apologies, proxy to Ken Stubbs]
Ken Stubbs                     Registrars  proxy for Philipp Grabensee 
Bruce Tonkin                   Registrars  
Roger Cochetti                 gTLD
Richard Tindal                 gTLD       
Cary Karp                      gTLD
Ellen Shankman                 IP
Laurence Djolakian             IP                   
J. Scott Evans                 IP          
Milton Mueller                 NCDNH
Youn Jung Park                 NCDNH       proxy for Vany Martinez
Vany Martinez                  NCDNH       [absent, apologies, proxy to YJ Park]
Louis Touton                   ICANN staff
Glen de Saint Géry             NC Secretary
Philippe Renaut                MP3 Recording Engineer/Secretariat

MP3 Recording of the meeting by the Secretariat: http://www.dnso.org/dnso/mp3/20020214.NCteleconf.mp3

Quorum present at 15:05 (all times reported are CET, which is UTC +1:00 during the winter in the Northern hemisphere)

Ph. Sheppard chaired this NC teleconference. Philip Sheppard welcomed the two new Names Council members to the call, Ellen Shankman and J. Scott Evans from the IP Constituency.

Agenda item 1: Approval of the Agenda

Ken Stubbs asked about the recording of the Ghana meeting and suggested a MP3 recording.
Philip Sheppard mentioned that he had sent out a request for sponsorship.

The agenda was approved

Agenda item 2: Approval of last summary
Approval of summary of the last teleconference, 17 January 2002

Ken Stubbs moved a motion to adopt  the summary, seconded by J. Scott Evans

Decision D1: The agenda and minutes of January 17th meeting were approved unanimously.

Agenda item 3: Names Council Chair
Philip Sheppard proposed discussion of the rules vote with regard to NC chair for which he would hand over the chair. He proposed that issues to do with any subsequent rule change or  e-mail voting could be handled later. 

Tony Holmes was handed the chair for the vote on Caroline Chicoine's motion to waive one part of the NC rules of procedure to allow the current chair to re-stand for election for a further term of six months. In recapping, he mentioned the e-mail vote outcome, 10 in favour, 9 against and 1 abstention, confirmed by the secretariat. He said that his own vote had been sent but not received by the secretariat.  He reminded the NC that under the by-laws an e-mail vote has to be ratified or re-voted by a physical or telephone meeting .

The usual procedure for NC votes for election to the ICANN Board votes is an e-mail vote ratified by a teleconference or physical meeting. In this case the Secretariat checks by telephone if someone has not voted and takes the vote by phone.

Discussion followed on three options:
- to ratify the e-mail vote as received,  thus disenfranchising the vote sent but not received,
- to ask the NC to confirm on the call the actual votes sent, 
- to take a new vote on the call.

It was suggested that taking another vote would establish a new procedure as it would effectively make null the point of an e-mail vote. Nevertheless in view of a discussion that was becoming clouded by procedural dialogue, and in view of the exceptional circumstance of a vote sent but not received, Marilyn Cade proposed, seconded by J. Scott Evans: 

To take a new vote on the call.

Decision D2: 13 in favour, 6 against, 2 abstentions. The motion is carried.

Now that it was agreed to hold a fresh vote, there was discussion on the motion itself. Some members felt it is bad practice to change rules and that a new chairman should be elected according to the old rules. Other members said that the NC was a young body, had only recently established its own internal guidelines and that it was a sign of vitality and flexibility to adapt guidelines to changing circumstances.

Marilyn Cade proposed, that separately from the election of a chair, after the said election, that the NC should have an extensive discussion about:
1 term of office
2 succession
3 rotation as a concept versus qualifications
4 removal of chair
5 whether a vice chair is a good idea and any other related issues.

The NC then voted on the motion as originally proposed by Caroline Chicoine, and seconded by Marilyn Cade: http://www.dnso.org/dnso/notes/20010220. NCprocedures-v4.0.html
Solely for the purposes of the NC Chair election taking place on February 14, 2002, the NC moves to waive the provision of Section 1.1 of the Rules of Procedure for the DNSO which prohibits a retiring NC Chair from running for re-election for a period of one year.

Decision D3:
12 in favour, 7 against, 2 abstentions. The motion is carried.

However, as this original motion referred to a earlier aspiration to hold the election itself on 14 February, the NC took a third vote to amend the timescale:
J. Scott Evans proposes, seconded by Ken Stubbs:
That the motion that has just carried as proposed by Caroline Chicoine of the IP Constituency and voted on be amended to read that the waiver will apply to any election of the Names Council held on or before March 1, 2002.

Decision D4: All in favour. The motion is carried.

Ken Stubbs then proposed the following motion to call for nominations, seconded by J. Scott Evans:

The nomination period for the Names Council Chair for the next 6 month period be opened today, 14 February 2002, and that the nominations remain open until 24:00 UTC on 20 February 2002. Instruct the current Names Council Chair to call for a teleconference for a formal vote by the NC on the candidate to be held no later than March 1st.
Decision D5: All in favour. The motion carried.

The Chair was handed back to Philip Sheppard. The teleconference to vote on the candidates nominated for NC Chair will be on Thursday 28 February at 15:00 CET, (14:00 UTC). Other points on the agenda around the item of NC Chair were deferred. ACTION: The Secretariat will send out a formal call for nominations.

Agenda Item 4: Waiting list and deletes
Philip Sheppard invited the BC and IPC to remind Council of their recent postings. Marilyn Cade speaking for the Business Constituency said that issues related to deletion and service offering had an impact on all users. A broad understanding of these issues is required so that the NC can better examine solutions. J. Scott Evans, IPC, agreed.

Louis Touton explained that a variety of issues arose towards the middle of last year regarding the way in which deletions of domain names were handled. What occurred had to do with technical issues at Verisign Registry. Since then, a number of temporary solutions have been implemented, and there has been a robust discussion among the Registrars about how to address in particular:
- the technical challenge raised by deletions and high demand,
- the services proposed or implemented by Registrars or Verisign.

Roger Cochetti pointed out that the Council should be mindful that their mandate is to address policy. Council agreed that part of the purpose of a briefing session would be to extract the policy issues arising from this subject. 

Action: It was proposed that ICANN staff work with Marilyn Cade for the NC plus any other NC volunteers to plan an briefing of the key issues in Ghana. 

Agenda item 5: WHOIS referral from ICANN
Louis Touton reminded Council of a request from Verio Inc. regarding a change in the Registrar's Accreditation agreement about bulk WHOIS data obtained from registrars and the marketing uses for it.
The ICANN reconsideration committee recommended referring the issue to the DNSO.

Philip Sheppard asked if it could be referred to the existing Task Force or would it require a new group.
The WHOIS TF Chair said it was an issue that could be taken up by the WHOIS task force if the Council requested it. 

Philip Sheppard proposed:
To refer the issue to the existing WHOIS TF and for the TF to report back by e-mail to the NC within 14 days how they intend to deal with it.
Decision 6: The proposal was adopted. There was one abstention.

Agenda Item 6: Ghana Meetings 
Alexander Svensson, alternate GA Chair, was welcomed by Philip Sheppard. The idea was to coordinate information meetings with the GA meeting. The usual ICANN meeting format is a Constituency day, a DNSO day and two Board days. Alexander Svensson stated that the GA was planning sessions on:
- Dot ORG
- At Large/DNSO
- Wait List Service
and then an Open Forum.

The following framework was proposed:
Monday 11 February 2002
Constituency meetings

Tuesday 12 February 2002
8:30 to 11:00 GA session
11:00 to 1:30 ICANN higher-layer naming session
15:00 to 17:00 Names Council

Marilyn Cade as interim chair on the Transfer TF agrees to liaise with Alexander Svensson on an information session on deletions. Louis Touton offered the help of ICANN staff.

Philip Sheppard went over the attendees list and there will be a quorum.
DNSO webcasting will depend on sponsorship and a MP3 recording will be made subject to establishing a teleconference connection.

Agenda Item 7: UDRP Chairmanship
Caroline Chicoine and Milton Meuller are both retiring from the NC thus the succession as UDRP Chair needs to be decided upon. For the sake of continuity in the first phase of the task force's work, both co-chairs had volunteered  to stay on for a short period.

J. Scott Evans proposed, seconded by Elisabeth Porteneuve:
The Names Council allow the current co-chairs to continue in the positions until such time as the responses to the surveys have been sent out to Task Force members for evaluation.
Decision 7: Motion is carried, all in favour

Amended version proposed by Milton
That after that period of distributing the surveys, the Task Force would elect its own Chairman.
Decision 8: Amendment is carried, all in favour.

Agenda Item 8: Posting rules to the NC list - secretariats
Only NC members, the Board, and ICANN/DNSO staff can post to the NC list. A constituency secretariat has asked to be given posting rights following a case when they were unable to contact all three of their NC reps. 

- some members said it is important to keep the list limited essentially to the elected representatives especially as what appears in the archives is public
- a permanent Secretariat could be asked to post in an emergency.
- this problem had happened once only.

It was agreed that in exceptional cases when their was timely information relevant to the Council from a constituency and that constituency's NC representatives could not be contacted, a constituency secretariat or chair could contact the DNSO  Secretariat who would make a decision as to whether it should be posted and then do so with an explanatory cover note.

Agenda Item: AOB

No other business was recorded.


Ph. Sheppard closed the meeting and thanked Alexander Svensson for his participation.

17.28 end of call.

Next NC teleconference, which will be an special meeting for the purposes of electing the Council chair, will take place on 28th February 2002 at 15:00 CET.


Information from:
© DNSO Names Council