DNSO Names Council Teleconference on 11 July 2002 - minutes

15 July 2002.

Proposed agenda and related documents http://www.dnso.org/dnso/notes/20020617.NCteleconf-agenda.html

List of attendees:

Elisabeth Porteneuve   ccTLD
Oscar Robles Garay     ccTLD 
Philip Sheppard        Business 
Marilyn Cade           Business 
Grant Forsyth          Business absent, apologies, Marilyn Cade/Philip Sheppard
Greg Ruth              ISPCP  
Antonio Harris         ISPCP 
Tony Holmes            ISPCP absent, apologies, proxy to Tony Harris
Philipp Grabensee      Registrars 
Ken Stubbs             Registrars
Bruce Tonkin           Registrars 
Roger Cochetti         gTLD  
Jordyn Buchanan        gTLD  
Cary Karp              gTLD absent, apologies, proxy to Jordyn Buchanan 
Ellen Shankman         IP absent, apologies, proxy to J. Scott Evans   
Laurence Djolakian     IP 
J. Scott Evans         IP    
Harold Feld            NCDNH 
Chun Eung Hwi          NCDNH 
Erick Iriate           NCDNH absent,apologies, proxy to Harold Feld

16 Names Council Members

Louis Touton           ICANN Staff
Theresa Swinehart      ICANN Staff

Thomas Roessler        GA Chair
Alexander Svensson     GA Alternate Chair

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/mp3/20020711.NCteleconf.mp3

Quorum present at 15:10 (all times reported are CET which is UTC + 2 during summer time in the northern hemisphere).

Philip Sheppard chaired this NC teleconference.

Approval of the Agenda
The agenda was approved.

Item 1. Summary of last meeting:

http://www.dnso.org/dnso/notes/20020617.NCteleconf-minutes.html http://www.dnso.org/dnso/notes/20020626.NCbucharest-minutes.html

Ken Stubbs moved the adoption of the summaries seconded by J. Scott Evans,
The motion was carried.

Decision 1: Motion adopted.

Item 3. Notice of next extra meeting July 24, at 15:00 Paris time, 13:00 UTC.
The reason for the extra meeting is to vote on the final report on the Wait Listing Service after it has been sent out for comments before it goes to the Board. The timing has been dictated by this schedule. It was hoped this would be a short meeting, though it was suggested that the extra meeting be used for further comments that may be requested from the Evolution and Reform committee.
Next Names Council teleconference: July 24, 2002 13:00 UTC.


Item 2 : Wait Listing Service - status report and time table for NC approval
Marilyn Cade said that the report had been presented to the Names Council at the Bucharest meeting and was repeated at the Public Forum. The Task Force had a teleconference on July 10, 2002, and the following amended policy recommendations that had been approved by the Task Force for submission to the Names Council were read:
The next step is to put the report on the DNSO web site for public comment until July 22, after which the comments would be included in the report. The Names Council on July 24, 2002, would then vote on the report before it was sent off to the Board to meet the deadline of July 26.  

Discussion: J. Scott Evans asked if there was consensus in the TF. R. Cochetti said that the gTLD Constituency does not support the work of the Task Force both in substance and scope as he believed the level of detail was beyond the scope of the Names Council.

Louis Touton commented on this:
The Board had adopted two resolutions specifically asking for recommendations from the Names Council on this topic. In Bucharest it noted the presentation made by Grant Forsyth. Recommendations from the Names Council were asked for by July 26, 2002 so that the Board could act after receiving the presentation. In Bucharest, the board mentioned the importance of addressing new input from Verisign. 

M. Cade explained that the draft Task Force report made a core recommendation for the Board to not approve WLS. It also made a series of supplemental recommendations to ameliorate negative effects  should the Board chose to ignore the core rcommendation and indeed adopt the WLS. 

J. Scott Evans and Roger Cochetti both questioned why the recommendations did not provide just one option. Ken Stubbs said that it was important to respond to the Board's request.

Harold Feld said that he believed the Board looks at the DNSO as a series of discussions to determine what consensus is. It is up to the Board to look at the work done and determine consensus, thus the Task Force should develop conversation rather than be an arbitrator.

Marilyn Cade said that the final report would be put up for Public comment, each constituency will be given the opportunity to comment, then the final report goes to the Names Council to be voted on before it is sent to the Board after the July 24 Names Council meeting.

Item 4: Voting rights of non-commercial and ccTLD constituencies
- Non-commercial constituency (recommendation of Budget committee).

Philip Sheppard introduced this item by asking which constituencies had paid their dues?
Two constituencies were fully paid up, Business and IP, while the ISPCPC was in the process of collecting funds and the Registrars could not confirm a report that they had paid. The gTLD constituency reported that they had taken no decision to pay or not to pay.

Non-commercial constituency. The Budget Committee have recommended that they believe the non-commercial constituency has successfully shown cause why they have not to date paid their outstanding dues, and so their right to vote should not be suspended.
Recommendation: -
Motion proposed by Harold Feld to the Budget committee seconded by Roger Cochetti:
The Budget Committee recommends to the Names Council that the Non-Commercial Domain Name Holder Constituency has shown adequate cause why it has not paid the balance due on its 2001 invoice. Accordingly, the Budget Committee recommends that the Names Council waive the sanctions that would result from failure to pay the balance due on the 2001 invoice.
I would like to make clear that this motion only addresses the issue of sanctions. It does not address the question of whether the Names Council should forgive the remaining amount due on the 2001 invoice.

17 votes in favour and 3 abstentions from the IP constituency
Decision 2: Motion carried

- ccTLDs

Philip Sheppard said that the ccTLDs did not respond to the original show cause notice but have responsed belatedly.

Elisabeth Porteneuve made several points points to explain  why the voting rights of the ccTLDS should not be suspended.
- in the past one ccTLDs had supported the DNSO secretariat pro-bono. 
- the ccTLDs had begun working on a separate supporting organisation, over a year ago because the issues related to global space for gTLDs and ccTLDs were different That work had come to temporary halt because of the ICANN Reform and the constituency had expected by now to have left the DNSO.
- in the present situation towards ICANN 2 ccTLDs and gTLDs must work together. If the ccTLDs were denied voting rights this channel of communication would be withdrawn and harmful to the ICANN reform process which is the key issue for all constituencies now.

In discussion
Ken Stubbs said that the ccTLD constituency expressed approval of the budget and methodology for collecting funds which placed an obligation on the constituency to honour their word and pay their dues and they are not meeting their contractual obligations.
J.Scott while sympathetic with the non-commercials said his constituency feels that they are supporting the non paying constituencies, and that perhaps a reduced fee would make it possible for the ccTLDs to contribute something.
Harold Feld supported the ccTLD motion and understood J. Scott Evans's frustration but felt that in the extraordinary times the participation of all stakeholders is essential and that Elisabeth Porteneuve should ask the constituency to access what contribution they could make.
Ken Stubbs questioned whether the ccTLD constituency refused to pay from June 2001 as was set out in the communique after the Montevideo meeting as they were forming their own supporting organisation, or were they waiting for a reconstitution of ICANN and intended to meet their commitments they voted on?
Philip Sheppard summarised the ccTLD payment position, showing that the constituency had paid some fees in every year.
Elisabeth Porteneuve replied saying that there were a lot of grievances among the ccTLD, an international group that works slowly. They have been discussing funds:
- some are unwilling to participate and are bitter
- others are willing to participate
- some cannot pay.
Members have to be persuaded to pay, there is no mandatory body and they pay if they feel it is worthwhile. They have paid a million dollars to ICANN and have received little service. The DNSO is seen as part of ICANN.It is incorrect to say that they have not addressed the issue, they have. With regard to the Stockholm communique, there was confusion about the fiscal year of DNSO and ICANN which is different.
Ken Stubbs felt that it was important to keep the ccTLD in the process but it was incumbent on them to honour their debts.
Philip Sheppard asked when would be the earliest a commitment could be given to pay in principle taking the diverse nature of the ccTLD decision making process into account? Elisabeth Porteneuve said that she could not get binding decision form the ccTLD constituency on financial matters. It depends on participation which is difficult at different levels.

Discussion ended as the meeting lost quorum: ccTLD voting rights would be unaffected until then.

Item 5: Reform Process
- next steps for NC following adoption by the ICANN Board of the Blueprint.
It was noted that there would be new papers on implementation and that the NC should prepare to react to them. In the meantime, it was agreed that Ph. Sheppard  would highlight points compatible with the Board's resolutions to input at an early stage into the implementation process. Louis Touton said that the Board was establishing a process for implementation and if the Names Council had suggestions on implementation it would be very useful.

In answer to a question from Tony Harris whether the Names Council would sit as it is today in Shangai, Louis Touton was not able to predict anything.

The teleconference ended at 17:00

Next NC teleconference will be on Wednesday July 24 at 15:00 Paris time, 13:00 UTC/GMT

See all past agendas and minutes at http://www.dnso.org/dnso/2002calendardnso.html
and calendar of the NC meetings at http://www.dnso.org/dnso/notes/2002.NC-calendar.html

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