GNSO Working Session Thursday, 1 November 2007 ICANN Meeting - Los Angeles (Meeting in progress.) >>ROSS RADER: If I understand your request correctly, you're looking for prepublic comment on implementation, staff implementation details after we have made our policy recommendations? >>MIKE RODENBAUGH: I'm not sure, but I'd love to see the draft RFP in a draft-based contract. >> That's what it sounds like you said, Ross. >>ROSS RADER: I'll speak with hardware hat I'm currently wearing. I just don't think that's appropriate for the Address Council to do. This is a policy-making body, not a management committee or staff committee or anything like that. And those details are really not within our purview, jurisdiction, or anything. So while we would want to comment on them as part of the public, those details are not -- >>AVRI DORIA: Can I ask a question? I certainly agree that we shouldn't be commenting on the implementation plan as an implementation plan. But one of the things that I was concerned with is that during the public commentary period is the first time that the staff hears the comment from us, "That isn't what we minute." And that's the comment. Not that, "Yeah, that's what we meant, but now that you've implemented, it looks brain dead, and we should do something different." It's more the staff doesn't get the comment that we don't think they've implemented what we wrote the policy on. If that's when it happens, that's when it happens. But halves my concern with kind of that early (inaudible). >>ROSS RADER: I think kind of the practical (inaudible) official answer is we have to be really careful how we write the policy. The practical answer is that, you know, you probably cross the bridges when you come to it and I think the staff has always proven to be very good at following up on areas where there's question. >>AVRI DORIA: I agree with that. Anyone else wish to comment more on new gTLDs? New gTLD workshop? I suppose we can move on from that for at least the moment. I'm sure we'll be back to the topic of new gTLDs many times over the next year. Okay. Debrief on open meeting. There were certainly some interesting comments that came up. And I wonder who would like to start first with their favorite interesting comment. I understand -- we are? I understand that -- I had announced at the beginning that we weren't being scribed. And I now we are. >>MIKE RODENBAUGH: Did you mean the open council meeting or the board meeting this morning? >>AVRI DORIA: I think either. Let's do either. But I actually meant this morning. But, yeah, it's a good point to bring up both. And I invite the two topics here. One is open GNSO and one is open forum. And, yeah, I think -- I did get one comment from someone -- and I'll repeat it before they need to themselves, and I'm sure they can go into it -- that one of the things that we lost in our experiment in the open GNSO meeting is that we lost the open forum mike part of our meeting. That, basically, while it was open to people on a topical issue, because we had an overloaded meeting, we didn't even finish the agenda we had in front of us, we never got to the essential everybody standing at an open mike with anything they wanted to say to us, whether it was a topic on the agenda or not. We missed that. Yeah, Mike. >>MICHAEL PALAGE: I liked the format. >>AVRI DORIA: You should use the we do have a passed around mike. >>MICHAEL PALAGE: I thought -- I liked the format. I thought it was -- it flowed well. The ability for a speaker to get up and interject. One of the problems I had with the old bifurcation -- thank you. One of the problems -- >>AVRI DORIA: No, we can hear you. It's just that it's for recording and others. >>MICHAEL PALAGE: One of the problems with the old bifurcation is there would be a public forum, people would get up and talk, the council would really not interject. Then there would be a council meeting after and then there would be a substantive dialogue. It just didn't flow well. And although you ran out of time yesterday, I thought the flow of how the event went was much better than in previous meetings. And having been to 27, 27 different formats, I would say that was, you know, one of the better -- I liked it. >>AVRI DORIA: Okay. Thank you. One of the recommendations I have gotten, and I'll give it in a second, one of the recommendations I had gotten was doing this was good, but we should make sure that we leave time, even if that means for asking for a little bit more time for our meeting. Marilyn. >>MARILYN CADE: I think I may be at least one of the people who talked about that, so let me explain my point. I did like the format of being able to have interaction relevant to the topic you were talking about. But what we missed, and, you know, you as the council may decide you don't want to continue this, but we did previously, as a council, take a look at the topics that were going to be on the board's public forum and make sure we also took some input related to those topics. So let me just give you two examples that you might have been interested in hearing about from the public, even if it were briefly. That is the accountability and transparency principles or the strat plan, particularly the strat plan, because there are significant implications for the GNSO, not just the council, the GNSO, to put forward suggestions that will have direct relevance to budgeting for resources. And so one idea people could consider is that you have -- you know, you limit the open mike to topics that aren't relevant, that are just about the board's agenda that you want to hear comments on and then really prescribe the amount of time you provide to it. >>AVRI DORIA: Okay. Thank you. Yeah, Chuck, and anyone else that I missed. Okay. >>CHUCK GOMES: I have a couple logistical suggestions, and I already shared these with Avri. One of them is that I think that it would be much better to have probably a staff person doing the drafting rather than the chair. The chair needs to be able to concentrate -- and I appreciate how diligently Avri worked at that. >>AVRI DORIA: You just don't want to see my misspelling anymore in public. >>CHUCK GOMES: Yeah. But it's just that it's very difficult, and it puts -- when you have pressure on you to keep a meeting going and running properly and you're trying to draft, it doesn't really work well. And it's going to create more of your spelling errors, not that you don't already have enough. >>AVRI DORIA: Thank you. [ Laughter ] >>AVRI DORIA: I'm working to have more. >>CHUCK GOMES: So, you know, the board does that. Of course, they have a secretary. And when they're modifying motions, they have somebody that's not on the board doing that. And I definitely think that should happen. The second logistical thing -- and this is kind of a pet peeve at all ICANN meetings for me -- and that is that anything that's going to be displayed, whether it be a presentation or a previously existing document or anything, should be controlled from one centralized location so that it's very quick and we don't waste time plugging in computers and running into technical problems and everything else. Now, that takes some advanced preparation. And there may be exceptions sometimes. But they should really be minimized, because that detracts from the efficiency of a meeting. And then what Avri already said, I think we need at least, for an open meeting, we're going to need at least a four-hour block of time, not three and a half. And ideally, you know, there needs to be a little break in there. >>AVRI DORIA: Sorry about that, but it's the first thing I always eliminate is the break. Anyone else want to comment on the open GNSO before we go to the open forum this morning? Okay. On the open forum this morning, we certainly heard some interesting things. For example, there was the comment on reserved names for a very large list. And if I understood correctly, it was -- and somebody can correct me if my memory is wrong. But it was for every name on the ISO list and its appropriate abbreviations in every script, slash, language, and that that was what was being asked for as a reserved name for countries, territories. Did I understand that correctly? >> I think so. >>AVRI DORIA: So it was -- so it was basically -- it's not a list. I don't even think we could build such a list physically. It's basically an implicit list by -- defining it by rule. So that's one. >>MIKE RODENBAUGH: I don't think we have a position on it, but I have a question. I don't think -- this is the first I've heard the suggestion, so I'm sure we don't have a position on it. So would that mean that the two-letter TLDs could be opened up that do not correspond to a country code? >>AVRI DORIA: I think that there would be objection to that. I think we actually currently do have a position on this, that the reserved names group took as, no, we don't have such a list. But it was left open. >>CHUCK GOMES: The -- and I think you're right in the way you characterize it. It actually came from two sources, the ccNSO and the GAC. Okay. And, actually, it's consistent, what they're asking for is consistent, although we weren't that specific, with our comments on the ccNSO/GAC issues paper, where we said, if, for example -- in fact, it's even in one of our executive summary points that we went over on the weekend, that if either G's or C's go first, that there probably needs to be some coordination so that we don't preempt one another. And it's a particularly obvious situation with regard to the ccTLDs. And I think they have a legitimate concern. They're going to probably pick country names and IDN versions of those, IDN script versions. But if they're not -- if they haven't done that by the time we introduce our round of new gTLDs, including IDNs, it's a problem. So I think it's just something where we cooperate with that community. It's not as if we're setting something in stone, 'cause that would be contrary to what we recommended in the reserved names. But until they get up and running in their policies and done something like that, that may be a very appropriate thing to do. >>AVRI DORIA: One thing I do want to mention. One of the issues that they brought up was that, well, not every country belongs to ICANN, and therefore they don't -- and that was specifically one of the reasons that the committee included the GAC as someone that could raise the objection. So, therefore -- and anytime something came through, the other point -- and if I remember, the implementation -- not the implementation, but the policy recommendations correctly -- was that when it was a geographical or territorial-type name, ICANN staff processing applications would inform the GAC that there was a geographical name being considered, and so therefore it wasn't just that, there may be countries that aren't here that need protection. It was, yeah. And that's why the GAC has been included among those that can raise an objection. >>MIKE RODENBAUGH: Yeah, I heard they didn't like that idea very well, because, like you said, a lot of countries don't participate. I know also that we've pressed as a council to -- with another principle in our executive summary was that if any ccTLD IDNs ought to correspond directly to a country name or country code. So it seems to me consistent that our gTLD policy ought to have -- actually prohibit anybody from applying for same. >>AVRI DORIA: All right. So -- and when you think -- Okay. Just one question. You would have included all reasonable abbreviations for the name as well? >>MIKE RODENBAUGH: Only if they're two letters. >>AVRI DORIA: Okay. >>MIKE RODENBAUGH: In ASCII. Well, there's a variety. gTLD, I mean, that's really hard to imagine. How would -- how would that give any clarity to applicants? >>CHUCK GOMES: We have to be careful there. Some countries do have a reasonable abbreviation that they use and probably not a two- character one in many cases. So I think it's just -- I don't think it's something that you can just nail down. But we may need to work with them to define what that list is. I don't think there's one rule that's going to fit every situation. >>AVRI DORIA: Right, we have, like, U.S.A., United States of America -- >>CHUCK GOMES: But we can work on a list like that with them, I think. Because they're going to want them to be shorter, if they can. In some cases, it really doesn't work to be shorter, depending on the script. But they would probably like them to be shorter, too. So just to say it can't -- only if it's a two-character -- two-character doesn't even work for some scripts, you know. >>EDMON CHUNG: Just, I think, I apologize, I wasn't at that particular session. But it sounds like Chuck raised one of the things that I wanted to mention about, which is a list. Would they be comfortable creating a list or creating a list together with us? Because that is really the biggest issue when we went down the discussion of the geographic names. And I feel -- I don't feel that they would be comfortable coming up with a list with all the country names and in all the different scripts. That is precisely why the ccNSO is -- I wouldn't want to use the word "stuck," but, you know, in their particular process right now to try to create a way to generate those, quote, unquote, proposals, I guess, for the string. So -- but without the list, it seems like if I heard it correctly, that the question was why didn't we have a list. But, you know, where do we find the list? And if nobody's willing to create that list, where do we end up with, except for what we proposed, actually, in our policy. >>AVRI DORIA: Well, I think that what they're -- and I've got Jon next. But I think what they were looking for was not a list, but a rule that basically says, "Any country name or appropriate reservation in any script or language is reserved." >>EDMON CHUNG: I think in that case, it seems like a possible thing that we can look into. I don't know whether we did -- I guess in the reserved name group, did this specific item get discussed? And what was the.... >>CHUCK GOMES: I don't think so, not directly anyway. And we obviously recommended that it not be -- there not be any geographic identifiers reserved. But I think the rule might work as long as it's a temporary situation, so it doesn't go against our general recommendation. >>AVRI DORIA: Jon. >>JON BING: Thank you. I just wanted to emphasize what Avri said in my place. That you cannot. It is not a question of resources, but it is in principle impossible to establish such a list in advance. There is too many variations, too many ways a country's name will be spelled or pronounced in the different languages. Not only the languages officially in that country. Just think of English uses names for countries, which the countries do not recognize themselves. My own country in generally known in five or six completely different spellings and pronunciations. So you cannot establish in advance. I think one can establish like the two-letter code list in advance, and that will cover a large, probably 80% of the instances. But you won't find any way of covering the last 20%. So you need, as Avri said, to have a rule. You need to have a rule and you need to have associated that rule a very simple procedure that can work fast and cheaply. And if you have that, you have solved the problem. But if you try to solve the problem by substantive rule, you will not find a solution. >>AVRI DORIA: Thank you. You were next, yes. >>JORDI IPARRAGUIRRE: This is Jordi wearing the hat of a sponsored TLD. I would like to say that I think we should think about an exception process for that. I think at least for sponsored TLDs, we might find that certain words for countries might really be having a meaning in a another language, so an exception process needs to be provided here. >>AVRI DORIA: Thank you. Okay. I had Tim. >>TIM RUIZ: You know, I don't know -- I guess it's more of a question. And maybe you have dealt with this already, probably, more often than you would probably like to have. But the GAC here is offering advice. It's really kind of undefined. It says we should just avoid country names. But what I gather is there might be some resistance to helping us create a list of those to avoid, and it doesn't really sound like it's very tenable to try to create a rule that could be all encompassing to avoid. So I'm just -- I'm a little bit puzzled about where we would go next. I don't see how the list or the rule is really going to work. The GAC obviously just wants to give us a principle and not really assist us with trying to figure out how we're going to avoid country names. And yet if we leave it to an objection mechanism, they are concerned because not all countries are going to avail themselves of it because they won't be aware of it so we are in a catch 22 sort of thing. >>AVRI DORIA: I just want to comment that in this short five-minute cycle I think we just went through what the reserved name groups on geographical names went through. And sort of we did a quick loop of yeah, you do this, this and then you end up here. And that was why. And the last step which wasn't part of the reserved names group is and that's why the GAC can raise the objections, too, standing in as the representative for all. You want to correct that statement? >>MICHAEL PALAGE: No, no. >>AVRI DORIA: You don't have the microphone so I will get back to you when you do but I have two people before you. You are next and then I will get you after Mike. Eric, please. I'm pointing and not saying names, and it's very crass of me. >>ERIC BRUNNER-WILLIAMS: Thank you, Avri. I wanted to observe that we -- there's the possibility of normative reference creep here. We have as a normative reference ISO 3166-1. And no one is saying it, but the expansion of string space to three characters and more and the correlation between names and meanings suggest that ISO 3166-2 may be snuck in. And we should be sure about how we go about expanding the normative references we use. Thank you. >>AVRI DORIA: Thanks. >>EDMON CHUNG: I think what was being said, it seems to me that in terms of the policy that we've created from the reserved working group and ultimately, it seems to be somewhat appropriate at this point. And perhaps one of the things that could be addressed is in the implementation part where there is a rule, you know, where there is in the implementation part that says this is one of the things that you are not supposed to propose. >>AVRI DORIA: Thanks. Michael. >>MICHAEL PALAGE: Just a couple of points. As the chair of the subworking group on geographic reserve names or geographic names, we recognize that this is going to be problematic, and in our recommendations, not only did we note that the GAC has a mechanism to oppose -- would likely have a mechanism to oppose during the application process, there is nothing stopping the GAC from coming forward during the time of, if you will, contractual negotiations. The GAC has the ability to comment on at any time. And that's one of the things we tried to note for, if you will, future applicants of geographic terms that the GAC basically has two bites of the apple. That it is something potentially very problematic. So that was specifically referenced in our recommendations in the reserved names working group. Just to highlight to applicants what they were doing and what they were getting into so there would not be, "Oh," sticker shock or something like that. The second point dealing with how names have been reserved, in connection with my work with Afilias, I have sort of overseen the initial reserve list that ICANN and the GAC approved back in 2001. That list has generally provided a basis for other registries to use. However, the flexibility of the current ICANN registry contracts has allowed for certain TLD operators to expand, where necessary, the protections that they like. So, for example, in dot cat, they expanded into, I think, some different languages. There also was, if you will, an expansion of that list in connection with dot Asia. So part of the thing that I think is appropriate is to just recognize there is flexibility in the contracts for a registry operator to customize that reserve list to the sensitivities of where they operate. >>AVRI DORIA: Thanks. Liz. >>LIZ WILLIAMS: For the scribes, it's Liz Williams. A question of clarification. Yesterday when I was speak to go Chris Disspain, he was quite -- admittedly, it was at the bar so that could have been the problem, but Chris was quite categorical about the idea of the geographic names being for one script, one string, agreement of the government. It seems to me that this conversation falls very, very squarely in the provision of a reserved names list that potential gTLD applicants would not be allowed to provide for. So first of all, is that correct? >>AVRI DORIA: I think that's -- remember, they've got the two tracks. >>LIZ WILLIAMS: The fast track. >>AVRI DORIA: The fast track. They are actually calling it fast track? Even though I have been told not to use those words. But in the fast track, I think that is the case, and we're already seeing a certain amount of resistance to that. I think in the long track -- that's it, short track and long track like skating. In the long track, that notion is not there. It's a full ccNSO PDP on names, and the other one is definitely a GAC position. >>LIZ WILLIAMS: That was just a question of clarification, first of all. And the second part of it is, if there are to be instructions for applicants and then there are to be instructions for evaluators to resolve contention or disputes, then presumably there could be a baseline list produced in conjunction with the ccNSO and the GAC, that follows the rule of the fast track one string one script. So when I was listening to commentary about -- it was Jon's comment that Norway is written in a variety of different ways in a variety of different languages. If the Norwegian government chose to have one script and one name for the rendering of the country that is represented as Norway, then that's a fairly straightforward process. Then it strikes me that there's a huge problem with respect to a reserved names list being published that applicants would be able to refer to prior to the application process starting. So clearly there needs to be some quick stuff done to provide at least a first pass of a reserved names list that governments who are already involved in the GAC or in the ccNSO as registry services operators, that will be able to provide that and make it an iterative list. >>AVRI DORIA: Olof. >>OLOF NORDLING: I think we should, first of all, recall a number of papers and things out there. Okay, the GAC advice, or rather, the principles, where they have their statement. And then we have the ccNSO recently adopted a resolution on requiring that country and territory names be reserved and not used for gTLDs. And then we have the CC PDP. And I would like to go back to this reserved list. They have contemplated that at length in the ccNSO on the possibility of making an inclusive list of all they would like to have reserved, or what they should use. And that is possibility part of the PDP, and it's not anything that can be done quickly. So I think the only solution would be to see this as a rule, like Jon mentioned, in order to have any possibility of using it in a practical sense. And then some kind of process to follow, just to double-check what it may be. >>TIM RUIZ: Is the -- this list that they were talking about with the one script, one string does that exist on its own or is that in conjunction with the ISO list that Eric referred to with the two character, three character and the short names? Is that also assumed to be reserved or would this other list be "the" list in addition to it? >>OLOF NORDLING: That was a question, I reckon. Well, what they do is -- Well, the basis the territories that are covered by the 3166/1 list. That's clearly it. And for those territories, it's a matter in the first track -- in the fast track that they will have one -- that's the proposal, at least -- one IDN string per territory or country, as it may be. So that obviously will become reserved but there won't be any limitation as to the length of it. And so the ISO 3166 list is only used as a reference to identify the territories which would have that particular right. Does that respond to the question. >>TIM RUIZ: Probably. Maybe I am just getting a little confused because I was thinking that they would have to make a choice between ASCII or English and their IDN. They could only have one or the other. Because the ISO lists are all ASCII; right? So there's a two-letter code, a three-letter code, I believe, and then there's at short name all in ASCII. So my question is are all those automatically reserved? And then on top of that, then they get one script, one string and an IDN of their choice. >>OLOF NORDLING: I think when we now come to the proposal -- or, rather, the resolution from the ccNSO. I think they, by inference -- they haven't explicitly mentioned it, but they would like to reserve the three-letter code, alpha code, as well. It sounds like that. They don't limit the resolution only to IDN, if you have seen it. They mention IDN but the way it's phrased but it covers ASCII as well. >>AVRI DORIA: I have a couple of people. >>JORDI IPARRAGUIRRE: I am new here so I might be missing a lot of background information, and if has already been discussed, we just forget. The point is the following. I don't really understand. I mean, I may understand their point, they are a country and they have certain rights on the code, that's fine. But on the other side, what happens when you have new countries? For instance, let's imagine Belgium split into two countries, who was the owner of that name? Imagine you have flanders.com, Flanders whatever, and it becomes independent, who owns the right, then? So it doesn't really make sense that Flanders dot whatever, FL, is the real one and the rest is just, well, whatever, or the domains. It doesn't really make sense to keep and to reserve all the names on all the possible domains in all different IDNs, possible IDNs. So I see we are moving around the same question again and again and again so maybe one possible question could be what's the reason of that? Why do they want that? And why we may think otherwise. Because the country code maybe decides, but the rest, it's quite complex. >>AVRI DORIA: Take a couple of more comments and then I am going to recommend we stray off this one. One of the things I would note is we will get to have to answer something officially, so we will have to come back to this and spend more time. Yes. >>JOHN SCHNIZLEIN: What I think I heard was that -- and I wasn't so much focused on what was said by the GAC representative but from ALAC, that the user doesn't want to be confused by some other organization running what appears to be the country's domain. So the principle here is if they see dot Holland at the top level or they see dot Netherlands at the top level, they are not tricked into thinking that that's the domain of the government of that country. And so it's not simple to pre-specify all those things, set aside all the scripts. But the idea is to protect the user from being fooled. >>AVRI DORIA: Chuck and then (inaudible) and then I would like to stop on the topic if it's okay with people. We'll come back to it. I have Chuck and Werner, and.... >>CHUCK GOMES: Mine is going to be very brief. It seems to me that a very reasonable way forward would be to form a joint working group. It doesn't have to be very big, but get a couple people from the GNSO, a couple people from the ccNSO. We can invite somebody from the GAC. It's not always clear that they'll have anybody that will participate, but we could at least invite them to flesh this out a little bit further. >>AVRI DORIA: Werner. >>WERNER STAUB: I'm a little bit concerned in this context that all the time we seem to be confusing several different subjects, such as IDN ccTLDs, second level, first level, and fast track and IDN and so on. Because whenever we talk about geographic names, when the discussion starts, in any discussion I have seen, about three minutes into the discussion we talk about another subject because it's so difficult to keep apart. And it is even worse when you look in the GAC, things, gTLDs, ccTLDs were confused all the time. And the most important thing that got many people confused, and I think it happens to us again here, what is a philological research into names of countries in various countries and languages, and you just basically figure out what it's called, and there's maybe several names and you basically have a list that you can consult, on one hand. On the other hand is trying to set the standard as to what is supposed to be the name of a given country or given abrogation of the country and which is going to be acceptable for what. That's a total different job. So I would say indeed, in ICANN we can try to facilitate some philological research in terms of having a matrix of country names in various languages. This can be consulted and would actually be managed by scientific people, and I would suppose. But from there to go and say this is standard and this is the list is extremely dangerous. >>AVRI DORIA: Thank you. I would agree with most of you what said but I don't actually think the conversation was all that confused. Robin, I have you as the last one on this one now so we don't use all the time on this topic. I'm sure we are come back here. Robin. >>ROBIN GROSS: Yeah, I just wanted to say that it struck me that the policy that we came up with in the new gTLD process that would prevent against consumer confusion or similarity of strings would deal with this issue with respect to country names. So I don't know we would necessarily need a specialist because I think we've got a mechanism for preventing against confusion and similarity. >>AVRI DORIA: One last thing I would like to bring up on it is I just remembered when you said that, one of the things -- it's buried in the reserved names recommendations on the geographical and other controversial, is that whenever a name went through that, it would be added to this list of here is a historical list of names that went into dispute processes as a warning to future applicants that here be dragons, and to basically let them know that you look at this list and you see all these names on it, you know better than to apply for one if you want an easy path through the process. And I do remember that recommendation was in the reserved names list. It wasn't brought all the way top, but we sort of said the work done by the reserved names group is sort of included by -- it's included by inclusion, actually, not even by reference. But okay. Unless someone objects, I'd like to sort of move on from this. I think the idea for a joint working group is probably good. We should probably talk about it some more after people have had a chance to think about it and see whether we want to propose such a thing. One thing that I'd mention is that the short-term process that the ccNSO, the fast track, does recommend that there be two members of the GNSO that would participate in this short-term group. Once that is formalized, then we'll have to come back as a council and figure out are we fine with just two? He did say -- By the way, when he said "no one complained," I did complain. I said "only two when everybody else can have more?" But I guess the complaint fell on deaf ears. But I did bring up that two seemed small. But once it is formalized, we need to figure out who our two should be in this group. But no sense doing that now. >>CHUCK GOMES: Question. Are you talking about -- >>AVRI DORIA: Their group. >>CHUCK GOMES: Their group, not our group. Okay. >>AVRI DORIA: But there may be similarities between the group you are talking about -- >>CHUCK GOMES: Got it. >>AVRI DORIA: -- and the fact that they are already suggesting putting together a group. We should make sure that there isn't an overlap before we actually try and do something. That's all I really meant to say. Okay. Next thing I had was to start talking about some of the processes we've got coming forward. We have got domain tasting where we're now in a PDP process. We're going out to the constituencies. Each constituency needs to appoint a representative to collect a constituency statement and bring it back. One of the things that I'm proposing doing is notifying ALAC that this is happening even though they will have seen it through their liaison. One of the things that ALAC asked me when they were talking is please make sure that you let us know when something is going on. And that they can -- because the rules on the PDP says constituency statements and other materials can get included in that first document that goes out for community review, so that if ALAC has a statement that they want to produce on the same time frame as the constituency statements, to basically let them know get it in on time and it can be considered. And I don't know if anyone would object to that sort of invitation. Employees let me know if you do because then I'll bring it up for a vote. But -- at another meeting. But I think as part of the assumed improvements that the board working group is asking for of the better contact and the liaisons, it seemed a small thing. So anyhow, we've got that. We'll be doing the constituency statements. And then that report that collects all of those will be going out for community review. It then comes back to us for deliberation. At that point, we need to decide do we have -- Are we ready to make a decision on this based upon what we have collected? Or do we need to do something more? If we need to do something more, I believe kind of the assumption has been that then we'll work with creating one of those open working groups with a charter, with a specific focus, maybe even more than one if there's more than one issue, to basically resolve whatever it is that, at that point, we feel needs resolution. That's sort of how I have been looking at the process. The first part of the process, constituency and community comment, is defined in bylaws. Then we get to council deliberation, which is not defined in bylaws. And doing a working group within the deliberative process is very much what we did on new gTLDs, for example. We had multiple working groups during that process. This is nowhere near that big, but it is a process we have followed in the past. It's just that we got so big we lost track of that's what we were doing. Yes. >>ADRIAN KINDERIS: Sorry, I tried to get T maybe I missed it. And this also follows up on a question that Jon Nevett has posted to the registrar list. It's in relation to Olof's e-mail with reference to a committee of the whole. Jon would like, and I am trying to glean from what you were saying and I'm not sure I can answer, when you say committee of the whole, does that mean only councillors will be on the panel? >>AVRI DORIA: Okay. We don't actually have -- All right. At the first instance of council deliberation -- in other words, once we get all that stuff, it is the council. >>ADRIAN KINDERIS: Stuff from the -- >>AVRI DORIA: In other words, we get the constituency statements and we've gotten the community and the initial report has been assembled. >>ADRIAN KINDERIS: Yeah. >>AVRI DORIA: At that point, then it comes to the council. At that point, the council decides what to do with it. Now, if we do a committee of the whole as we did with the new gTLDs, and I'm not sure I recommend that, then we figure out what the membership of that committee of the whole is. What we did with the -- >>ADRIAN KINDERIS: Just that it says in e-mail, the PDP will be conducted with a committee of the whole. And now you're saying you're not recommending we do that. Maybe -- >>AVRI DORIA: And I did read the message, and before Olof sent it, and so -- >>ADRIAN KINDERIS: Liz -- >>AVRI DORIA: -- so that I don't leave Olof just dangling high and dry. >>OLOF NORDLING: No. I think we should -- it's a dichotomy here. You do it with a task force. That's one option. If you don't do it with a task force, the -- well, then we have used the expression "the committee of the whole." And I put it in inverted commas, because that can probably be modeled in various ways, because as recently in the new gTLD and in very many working groups, we have taken as standard procedure to invite observers. So that was added as well. That said, I think the -- so from that perspective, the -- there are a number of options on how to proceed. But we don't do a task force. That's what I say. >>AVRI DORIA: Right, right. And, basically, the way I viewed it is, there's a decision point. We've gotten the initial report. And at that point, the council has a decision point. Do we need more work to do or can we decide now? If we can decide now, then that's the end of it. As a council, we take our vote and we're done. If the council does not feel that it can decide now, then it has to decide how it proceeds. Now, my recommendation is that we try to follow the working group model. We could also follow the committee of the whole model that we used with the new gTLDs, where each constituency picks a number of representatives that participate in this committee, and then that kicks off working groups. I'm not suggesting that. We're certainly not there yet. What we are at the moment is we're in the first part of the PDP that says, "Constituency statements, public comment, initial report, council deliberation." So the first thing is, it's all done within a short amount of time of that. We meet, we've read it. Constituencies have discussed it. And then we decide, are we done? Can we make our decisions now without any further information? In which case we do. >>TIM RUIZ: So -- >>AVRI DORIA: Use the mike, please. >>ADRIAN KINDERIS: Just on that point, I just want to say Transylvania, and then when I go to do a search for the -- through the transcribe of this, I'll be able to find where that is to point it to - - no one else will say the word Transylvania when I do a word find. [ Laughter ] >>ADRIAN KINDERIS: I was trying to think of a word that no one would say. I will be disappointed if there's a representative of Transylvania here. >>MICHAEL PALAGE: I'm Romanian. [ Laughter ] >>AVRI DORIA: Okay. Tim. >>TIM RUIZ: So the -- so the gist of this right now is that what we need to focus on is the constituent statement. >>AVRI DORIA: Yes. >>TIM RUIZ: The constituency statements. We'll get that and then go forward. >>AVRI DORIA: Everything comes back to the council and then from there we figure out what we do next. So that's what's happening on domain tasting. IGO issues report, what next. My reading of the bylaws -- I can confirm this with legal counsel, I haven't yet -- says that we've got to vote. Basically, we have an issues report. We have to vote. The IPC had sort of offered a possibility that because, you know -- of doing some work first and then coming to that voting point. In other words, of taking the draft report that was there and doing some other work. We decided that we did not want to do that as a council, which leaves us at the point of needing to vote on the PDP as it currently stands. So -- And I'll confirm this with legal to make sure that my interpretation is correct. If there is an issues report, we must vote, unless it came from the board, in which case there's no need to vote because it tells us what to do. And, yes, we have -- there's the other issue on whether we initiate. But that's a different one. We'll get to that one in a second. So I'm suggesting that I will bring this up for a vote at our next teleconference, that, you know, we will vote on the PDP on the IGO DRP. And I don't know if there's any comments on that. I don't know if anyone wants to offer any other suggestions. But at the moment, that's all I see in the process for us to follow through to. Yes. >> PATRICK JONES: Isn't there another option to come back at a later date? Couldn't it be delayed? >>AVRI DORIA: According to the -- I mean, yes. According to the bylaws, we need to vote. Now, we've taken a position before that we can vote to delay voting. And so we can vote and say -- and if somebody brings up that motion, then we'll do that before actually voting on the PDP. Someone could say, "You know, I think something might happen within the next couple months, and therefore, even though it's not anything that the group is doing, we think that, you know, someone else is going to go off and do some work. So let's wait until date such and such to actually vote." We could take a vote on that. >>PATRICK JONES: Because the suggestion might be to wait to see what the base contract looks like, the draft base contract for a new gTLD before taking further action on this one. >>AVRI DORIA: Okay. Anyone else want to comment? Yes, Chuck. >>CHUCK GOMES: I would just say, obviously, we could vote to not start a PDP right now. That would not in any way limit us from initiating one later. So -- >>AVRI DORIA: Well, we wouldn't be voting to not start. We'd be voting to start. And if we got less than 33%, or, you know, 33% or less, we would not start. I other words, the motion is to start a PDP. And one of the things I need to get clear is, do we need someone to move a motion -- and it's something I haven't been clear on -- when a motion is mandated by the bylaws, does it actually need someone to move it? And if it needs someone to move it, is it adequate for me to move it because the bylaws said we've got to do it. And those are things I need to get straightened out. I need to understand whether people care whether, for example, if I see that a motion is required by the bylaws, I move it, do I need to convince someone else to move it? Do we automatically have a moving of a bylaws-required motion? Those are issues that have come up recently that I don't quite have an answer on, because they're more like, you know, bylaw process issues. Yes, Jon. >>JON BING: Thank you. Let me say that's fascinating for a lawyer to hear so much discussion of procedure. But -- and you'll excuse me for being completely on different part of the playing field. It seems to me that I am right, am I not, that we're now discussing the IGO names and abbreviations and this possible -- >>AVRI DORIA: We're discussing just that -- yes. >>JON BING: And it's extremely difficult for me not to see very close relations to the issue that we just left, the geographical issues. It seems to me that both of them will probably be handled in the way that these things, by experience, are handled: Establishing a short list, establishing a general rule, and establishing of a resolution mechanism that is as cheap and fast as possible. And, therefore, in my opinion, one which consider whether these two things shouldn't also find a procedural solution that could be -- could be coordinated. Thank you. >>AVRI DORIA: Thank you. Do I have someone next to speak on all this? Okay. Yes. >>OLOF NORDLING: Just to follow up on Patrick's track, and also on the proposal that was narrowly defeated yesterday on formally instigating an ad hoc group for advanced drafting. Now, unfortunately, Kristina isn't here right now, but somebody else from the I.P. constituency, is it still -- because I think we should consider this before we bring it to a vote on a PDP -- if it's still so that the option of pursuing this in an informal manner -- is that -- I would like to ask the IPC representatives here whether that's still on the table or not. >>UTE DECKER: Thank you, Olof. And thanks for pointing out that this motion was very narrowly defeated. Yeah, I do think this was a motion that can also be -- you know, in terms of its gist, be pursued in an informal way, and from an IPC point of view, that is certainly on the stable. I was just looking at timing and when the next council call will take place. I think that it's going to be on the 20th of November. >>AVRI DORIA: We haven't quite gotten there. And that's when we're suggesting in the calendaring. But yeah. >>UTE DECKER: And it does seem to me that we might, in that council call, discuss timing and next steps. And then I would think it is likely that we'd have to push it back a tiny little bit in terms of time to make some progress in the meantime before, I don't know, the end of the year. Yeah. >>AVRI DORIA: My -- what I was basically saying is, I plan to put it on the agenda. I would suggest that if there is a motion to delay because there is a volunteer effort going on, that it would be a food time to bring up that motion, and we could vote on the delay. Anyone else want to comment on this before we go to IRT policy? I stumble over (inaudible). I won't trip on that. Okay. Now, the issue on this one is, we had it on the agenda to vote on, but we didn't get to that part of the agenda due to, as I said in the meeting this morning, having talked a bit too much about WHOIS. My belief is that we still need to vote on initiating the PDP according to the bylaws. There seems to be a strong recommendation. I have the impression that there's not a whole a lot of objection to it, but just formally, we need to take that vote. There's been an argument made and there's a request into the legal, again -- ask them a lot of questions on process these days -- on if an issues report is initiated by the council, do we really need to have a separate vote to initiate a PDP? I believe we do. But others disagree with me. >>ROSS RADER: Yeah, there really is a procedural distinction. But the question I'm asking is, do they need -- is there timing significance or can the boat precede the creation of the issues report, as it has in this case? That's the question that I asked. >>AVRI DORIA: Okay. Well, that would be a different thing, because I didn't understand the vote we had to create a PDP, but to create an issues report. >>ROSS RADER: (inaudible). >>AVRI DORIA: Okay. I didn't understand that. Because I didn't think we could do both at the same time, so that's why it never occurred to me that that's what we were doing. >>CHUCK GOMES: Are you saying that when we requested the issues report, we also initiated the PDP? >>ROSS RADER: Yes. I can -- if you want -- give me a sec. I'll pull up -- >>AVRI DORIA: Excuse me. Okay. I've got -- anyone want to comment while Ross is looking for that? My assumption that we are either taking a vote on creating this PDP at the next meeting or we're going to be informed that we've already done so. Now, the second vote, which we definitely didn't take, even if we have created the PDP, I'm not sure that we've taken the to task force or not to task force vote. And so, in any case, we'll have to go through the same thing. The vote -- the way it's written in the bylaws is to vote for a task force. If that doesn't succeed by a majority, then we're in the "not task force" mode, which is collect constituency statements, community review, council deliberation. And I would recommend if people didn't want to do a task force that we would follow that same procedure, get to that same point of getting the council deliberation, looking at what we've got in hand in terms of the initial report, and deciding at that point whether we need to go further or not based upon the initial report. Anyone want -- did you have something you wanted to add at this point? No. Okay. >>ROSS RADER: (inaudible). >>AVRI DORIA: Excuse me? >>ROSS RADER: (inaudible). >>AVRI DORIA: Okay. If you want to read the motion that we pass so that -- >>ROSS RADER: I'll loosely paraphrase it because I think we're all motion-weary from yesterday still, so blah, blah, blah, blah, blah. Pursuant to -- [ Laughter ] >>AVRI DORIA: Oh, but, of course, you're right. >>ROSS RADER: Pursuant to ICANN's bylaws that the council initiate the formal GNSO policy development process by requesting issues and an issues report, et cetera, et cetera, evaluating the issues raised by the working group document. And then moving on to the clause -- but that was the salient part. >>AVRI DORIA: Okay. So I see how one could certainly, in a philosophy class, interpret it as being both. But, yeah. So we'll get back the response from counsel. And either we've done it already or we need to do it. And we shouldn't take that much time on it one way or another. >>MIKE RODENBAUGH: Okay. And either way, then we have to make the next vote as to whether to do a task force or -- >>AVRI DORIA: Yes. We have that vote in any case. So I don't want to get too -- part of the reason we're really trying to follow the bylaws is, if you remember a couple weeks back, I asked us to ask the board to exempt us from following the bylaws so strictly, and we made a decision that, no, let's see how they work. Let's try to follow them. Let's all vote for exceptions to them when we need to so that when it comes to discussing these things, we've actually tried to live by them and know where they don't fit and where they fit because we've tried. So that's why I'm trying to be very strict about trying to understand the bylaws as opposed to functioning in the very flexible way we had before I tried to make flexibility the rule. Okay. Next one was meta discussion on WHOIS. We've -- just to recap where I think we are is -- I mean, I said in the morning, we have voted down OPoC. We have indicated that not only did we vote down OPoC, but we really believe that the PDP should be dead. We're telling the board that they shouldn't -- not only should they not come back to us on OPoC, but they should really accept that this PDP is dead, that we have basically started talking about the next step -- and I don't remember whether the word "immediately" stayed in there or not, but this is fairly immediately. This is what immediately started to me, is that we start today. That we basically were talking about the survey, slash, studies, and basically starting to talk about what studies we need, what are the scope, what are the methodologies. We had several points in there. You know, first of all, we have to understand what our priorities are in terms of studies. Then we have to sort of figure out what is the scope of a particular study, a methodology, is there one study, are there many studies, is there one study done first and then second and third studies, et cetera. So we've made that decision. And then we also defeated the notion of recommendation of a sunset for WHOIS. So that's where we're at at the moment. The next thing, I think, that is on our plate is to start talking about surveys and studies and such to meet our February obligation. One thing that came up in Chuck's mail was he thought that we had committed to do more things by February than I thought we had committed to do. I think it's great if we can get more done in that time. I'm really skeptical, especially since the two-week period between thanks- -- the two-work-week period between Thanksgiving and New Year's is upon us, that I'm really not sure how much we will get done between, you know, now and February, because, just my experience in almost every group, once, you know, U.S. hits Thanksgiving and the rest of the world hits just before Christmas, we don't get that much done until sometime in the next year. It just doesn't happen. So, okay. Tim, you had your hand. >>TIM RUIZ: All right. So we've -- the WHOIS PDP has been closed and we haven't initiated another one. >>AVRI DORIA: Right. >>TIM RUIZ: Right? With that motion. >>AVRI DORIA: No, not -- almost. >>TIM RUIZ: But we recognized that there was other policy work that may need to be done. So will -- is the intent that the council will then prioritize that work itself? Or will we -- or is that what we're talking about, trying to figure out how to -- >>AVRI DORIA: I think that's part of what we're talking about. There's no one else to prioritize it. The only other priority that can come is if one of the advisory groups, advisory committees or the board issues an issues report, requests an issues report, then that starts to push on our priorities. That is, if the board looks at our WHOIS thing and says, "You know, okay, they've stopped it, but we would like to see such and such happen," and they request an issues report, then they've set a priority for us. In the meantime, if -- we're working on setting our own priority, you know,. >>TIM RUIZ: And any PDP would be just initiated by a vote of the council? >>AVRI DORIA: If we went for a PDP. If we're just going for studies, we don't need a PDP to do the studies. So we could work with the staff on defining studies. The studies could be done. The information from the studies could be (inaudible). That could be used to create issues reports for new PDPs. Yes, Olof. >>OLOF NORDLING: Just acting as a bad conscience here, there is a little hangover. It's not dead yet, the PDP. We need to produce a board report. >>AVRI DORIA: Yes. >>OLOF NORDLING: And as I mentioned yesterday, it calls for, since there was no supermajority vote, it calls for a position statement from each and every one of the councillors, ha-ha. Sorry. >>AVRI DORIA: Thank you for reminding me. I'm really glad you reminded me. Because I guess one of the things we need to set is by when we have to get all of our statements in. Now, I understand you have how many days to get this done? >> LIZ GASSTER: Right. I think it's five calendar days from yesterday. >>AVRI DORIA: You have five calendar days from yesterday to get the -- to get the final report written with all of our viewpoints. Yes. >>MARILYN CADE: I'm going to ask a clarifying question, having been on the council for an exceedingly long time and perhaps proposed options in the past that might have extended certain things. Hmm. I think we need to figure out whether or not we have the ability, given that we are still in a meeting, to start the clock on the five days after the meeting starts. Do we have that flexibility, Olof? Do you know? >>OLOF NORDLING: Five days. >>AVRI DORIA: A whole week is one day? >>OLOF NORDLING: Today, what we're doing here doesn't count, well, in a formal sense. But -- >>MARILYN CADE: Olof, can I just offer something clarifying? I'm not actually protecting staff. I'm trying to protect my own constituency from the five-day deadline. >>OLOF NORDLING: Right. No. But five days, I think that's five calendar days. And it starts -- the counting started yesterday, then. I mean, they're -- is there any other interpretation one could do? >>AVRI DORIA: No. And since we declared that we can't vote on -- in this meeting, we don't have any way to sort of vote to postpone this at this point. But -- >>LIZ GASSTER: It does say five calendar days very specifically. >>AVRI DORIA: It says five calendar days from when we made our decision; right. Yes, Alan. >>ALAN GREENBERG: I find this discussion rather surreal. The issues report on domain tasting was issued, I believe, in June, and we had 15 calendar days on which to vote for a PDP or not. Why is this five days so different from those 15 days? >>AVRI DORIA: Because since then -- and I think we'll probably end up being late. But since then, we made a decision to try and live by the rules as much as possible so that when we complained about them, we would understand exactly what we were talking about. >>ALAN GREENBERG: Well, I think we need to declare we tried. >>AVRI DORIA: Right. Liz, will you be terribly upset if we -- I mean, how do you feel we should handle this, since we're not voting on anything at this point, and, basically, as the staff manager on WHOIS, the report is really in your hands. I mean, you can theoretically, I think -- nothing in that actually says that we have to hand in the opinions. I actually do believe that, as staff manager, you can collate our opinions from what we've said. >> MIKE RODENBAUGH: Can I have a clarifying question? I understood that what we were supposed to provide was a brief statement from each councillor as to the basis for their vote, not a constituency statement. >>AVRI DORIA: Not a constituency. It's from the councillors. >>MIKE RODENBAUGH: Okay. >>AVRI DORIA: And so -- >>LIZ GASSTER: The bylaws are pretty specific about a clear statement of all positions held by council members, and that each statement should clearly indicate the reasons underlying each position and the constituencies that held that position. >>AVRI DORIA: So I guess if anyone -- I mean, since I believe that you're going to try to get this done within your five-day limit. I would suggest that anyone that doesn't want Liz to basically use what we've said, which I guess is available, since it's all there in transcript, that we should get it to her by the time we leave tomorrow. Yes, Ross. >>ROSS RADER: I actually find the bylaws confusing on this subject, and I'll tell you why. It's very clear that the statement of positions held by the council members is to be provided within a specific period of time. But it goes on to talk about the constituencies that held the position. So I understand why I voted the way I did. I understand the position that I put forward. I understand the position of my constituency, et cetera. What's very unclear is what it means in B.2, which is -- what it means by the constituencies that held the position. Is that the -- is that simply direction to the staff for them to indicate who voted on what and how? Is that.... Or is that something I have to write into my little explanation of why I held up my hand on yea or nay? >>LIZ GASSTER: My impression is that each councillor submits a clear statement and that that statement should clearly indicate the reasons underlying each position and the constituencies that held that position. I mean, I, too, find the bylaws confusing, because it also goes on in C. to say an analysis of how the issue would affect each constituency. And it's not clear to me whether that's something I do or something that the constituencies do. >>AVRI DORIA: That's something you should already have from the constituency statements. Because constituency statements require that -- >>LIZ GASSTER: That's right. But I don't, for example, have constituency statements from every constituency. >>AVRI DORIA: Right. >>LIZ GASSTER: As an example. >>AVRI DORIA: And, basically, I think that almost the best is, I really believe that as the staff manager, you've got what we said as the information to build that. And I think if we want to give a slightly more polished statement, we get to make it. I don't know. Ross. >>ROSS RADER: I understand. I will forward the position that I held at the time that I held the vote. I'll send that to Liz and she can then incorporate it into that report and do exactly what it says here. It all makes sense now. >>AVRI DORIA: And I recommend that every council member do it and I recommend that every council member do it before the end of tomorrow. Is that reasonable, if we get it before the end of tomorrow -- >>LIZ GASSTER: Yes, that's wonderful. >>AVRI DORIA: That's good enough? -- >> MIKE RODENBAUGH: Wait a minute, wait a minute, wait a minute. Please, please, please. Does it say that our comments are due five days later or your report is due five days later? >>AVRI DORIA: Her report is. >>MIKE RODENBAUGH: Aye-aye-aye. >> (inaudible). >>AVRI DORIA: Well, for her to produce the thing within five days, our comments need to be in enough time -- (inaudible). >>AVRI DORIA: That is implied. I think our comments need to be in by tomorrow for her to have any chance of doing this. Yes, Alan. >>EDMON CHUNG: And it should be the voting -- sorry. >>ALAN GREENBERG: May I echo a comment that was made by staff when they delayed the domain tasting issues report by a week or two, saying we believe we need to delay to do a good job? Staff comment. >>AVRI DORIA: Right. Staff hasn't said that yet. >>ALAN GREENBERG: No. But they might now. >>MIKE RODENBAUGH: This is such a significant issue and the board is really looking for some guidance, I think, from us on this. Can we take maybe a few extra days and have our voting statements in to you but Tuesday, Wednesday, you get your board report done by Friday? >>AVRI DORIA: Olof. >>OLOF NORDLING: If I may say so, I think it's really within that kind of decision is something that all the council can agree on, that the staff would sit there and dictate this, that and the other. So it has happened before, even though we may suggest it, but you may also suggest it yourselves. >>AVRI DORIA: Yeah, we could. >> I'm suggesting it. >>AVRI DORIA: Okay. We were very specific about -- Yes. >>LIZ GASSTER: I have a suggestion. What if we required the councillor comments to me by oh-oh-B Monday morning Eastern time so people had over the weekend, essentially, to get their comments in. Because as long as I have everyone's statements, I don't think there's a lot of drafting for me to do. So how would that be? >>AVRI DORIA: It's fine with me. Is anyone really serious object -- I mean, we -- Yeah. >>EDMON CHUNG: Just one clarifying question. This is the council that voted. >>AVRI DORIA: Right, the councillors that voted. And it's a statement from each of the people that voted. Yes, Norbert. >>NORBERT KLEIN: There were three things to vote on so three statements from everybody? >>AVRI DORIA: I would say one statement should be sufficient for a - - because this is kind of a cover to the whole report. So I would say include all three points that you want to discuss, but I would say one estimate. I don't see a reason for three separate statements. It's of the whole global issue. >>CHUCK GOMES: I think it would be very helpful if an e-mail was sent out to all councillors making very clear what was expected and the deadline. >>AVRI DORIA: Excuse me? >>MIKE RODENBAUGH: So end of weekend? >>AVRI DORIA: Yeah, virtual Friday. Yes, the end of the weekend. Okay. And so how we work on moving forward with the rest of the studies I think is something that we'll have to start discussing in our council meetings. I don't see that we're going to get a lot done on that today. I think at that point people will need to basically start suggesting what needs to be studied, why, why something should be a priority, what would be the scope and methodology of those studies. I know one thing that I plan to look for in just anything that we suggest is a certain amount of scientific and statistical rigor in any of these studies so that when we've got information, it's something that we feel comfortable actually using. And so that means really understanding what it is we're asking to be studied. Anyone else want to say anything else? >>MIKE RODENBAUGH: And also the reasons behind the study that we're proposing. >>AVRI DORIA: That seems reasonable, yeah. And I don't know, I'm just sort of thinking, it might be a good idea to sort of come up with perhaps a semi-template for anybody that's suggesting that we take a particular study direction to actually write in the template and maybe we can talk about how you would create that template so then council as a whole could look at the studies and make suggestions and then we could discuss them and prioritize them. That might be a good way to get the discussion started. Yes, Marilyn. >>MARILYN CADE: Avri, can we just clarify, I know you talked about this before. You have a comment from the GAC which I understand and I was out during this time, but I understand it's reiterated, so they made it in their meeting with the council. They then reiterated it in their meeting with the board. They then, I believe, put it into their -- or intended to put it into their communique as a reference, stating that they wished to be consulted on the terms of reference. >>AVRI DORIA: Mm-hmm. >>MARILYN CADE: So but for what you are proposing in the approach you are taking, that also allows the possibility of going back to them and allowing GAC to provide comments on the terms of reference; is that right? >>AVRI DORIA: Certainly it's a good idea and of course, I think we should. The one thing that I'm a little cautious about is certainly I have absolutely no issue, and I'm not sure anyone on the council does with giving them -- asking them for feedback. Same thing with ALAC, and including them in the discussion on the terms of reference. I'm not sure about how people feel on the council about deadlines that include their normal working methods, which means we wait until the next meeting for responses. But that's where there may be some issue between GAC that away ask them and say we're working on terms of reference over the next two to four weeks. We need answers. And they come back and say "We couldn't possibly give you an answer before Paris," then.... (Interruption). >>AVRI DORIA: Yes. We sort of got through it and decided to follow it. Because what we were working on was just to ask the question. We have been going through all sorts of things, but the bylaws, we were trying to understand. The bylaws say five days from the day we made a decision, the board report needs to be done. >>AMY STATHOS: Right. >>AVRI DORIA: And then the question is, it also asks for the councillors' positions to be included in that. >>AMY STATHOS: Right. >>AVRI DORIA: One assumes that's within the five days, getting those. We get to submit statements. So we understood it all correctly. >>AMY STATHOS: Okay. Well, then -- >>AVRI DORIA: Is that true? >>AMY STATHOS: Yeah. The bottom line is in terms of -- >>AVRI DORIA: I should probably get you to talk into the microphone because we have transcribers. >>AMY STATHOS: In terms of whether you get to present statements, I wasn't really looking at it with that view. My view was just in looking at the plain language of this. And I just understand that each council member has to identify the reasons for the position that they took. And I would say that if, in the report, if five council members say no for the same reason, it only has to state, "No, because of this reason, and these are the five councillors that said it." I don't know that each one of them has to specifically identify, unless it's a different reason for voting no or yes, or abstaining. >>AVRI DORIA: Okay. >>AMY STATHOS: Probably landed at the same place you all landed. >>AVRI DORIA: Probably. But I actually hadn't thought about that option. Edmon. You had a question. >>EDMON CHUNG: Just a clarification question. As I read the bylaws, it isn't clear to me whether the statement needs to be from the councillor. So if the councillor selects not to submit a statement, then staff would -- the staff manager would present the statement from the councillor as the staff manager would see; right? Because we'll start this particular clause saying the staff manager will present, blah, blah, blah, and then in B, if it's not reached a clear statement of all positions held by council members, but it doesn't say from council members. >>AMY STATHOS: Right. I think that's true. I think I would clarify, however, that to the extent that the staff member needs to try and figure out your position, I would recommend that people present to the staff member their positions and the rationale behind those positions. >>EDMON CHUNG: Yeah, I understand that. I'm just saying in the case -- we were talking about the situation where we were -- if we were late or whatever, we were unable to provide that particular statement. That doesn't mean that the council has not done any particular work. The staff would still continue with the work. But if we do want to submit a later -- If we were ultimately late, then it's up to the staff manager whether it takes into consideration those statements; right? >>AMY STATHOS: Except I would say that if you have a particular position that may be unique, I would suggest that you provide that to the staff manager, yes. >>LIZ GASSTER: In the absence of that, am I to assume that a constituency statement mirrors the exact opinion of each councillor that is a member of that constituency? In other words, for example, not only did I not get a statement from the registrars, but I think there might be one or two other -- the or NomCom numbers that -- >>AVRI DORIA: NomCom is allowed to send something, but there's no requirement. NomCom don't really count in that respect. >>LIZ GASSTER: Thanks. >>AMY STATHOS: I personally wouldn't assume any position. If you don't know the position and somebody hasn't given it to you and you are unable to obtain it on your own, I would suggest identifying in the report that you have been unable to obtain the position of that individual or that constituency. >>LIZ GASSTER: Just for clarification. Should I then assume that if I have a constituency statement from the overall constituency that that councillor is a member of, that that is that councillor's position? >>AMY STATHOS: I wouldn't do that either. I would say the councillor has to, under the bylaws, provide the position,. If. You have to make sure it is the council member's position. Sure, please. >>MARILYN CADE: I think we may be using terminology that experienced councillors are just so used to. A constituency statement is something that is developed by the constituency and submitted at a particular time while a councillor's -- well, this is a totally different thing. >>AMY STATHOS: Right. >>MARILYN CADE: And I think that's something we probably need to -- Because we're not asking. I was confused by this initially. I thought we were going to go back and ask the constituencies to update their statements, and I was panicked by the five days. But that clearly is not what we're doing. >>AMY STATHOS: Right. Okay? >>AVRI DORIA: Thank you. >>CHUCK GOMES: Avri? >>AVRI DORIA: Yes. >>CHUCK GOMES: And I assume that three councillors, if they so desired, could submit a joint statement. >>AMY STATHOS: I think that's right. If it's based on the same positions and rationale behind it, I don't see a reason why it couldn't be done that way. >>AVRI DORIA: Anyhow, thank you. This is all part of our effort to try to live strictly by the bylaws to see if they fit. >>AMY STATHOS: Well done. >>AVRI DORIA: We don't think they do. [ Laughter ] >>AVRI DORIA: Okay. Where were we? We were on -- We were still on WHOIS? Had we finished talking about WHOIS? Yes. >>TIM RUIZ: We were talking about terms of reference, but I had gotten a lit lost about what the terms of reference were for. >>AVRI DORIA: In other words, for any study. If we're going to do a survey or a study properly, then it would strike me that there would be terms of reference defining the scope, the methodologies, the whatever. That's what I was thinking. Yes. >>UTE DECKER: It strikes me that the success of this exercise will to some degree depend on a structuring of the process for this, even for the first step. And I was just wondering between now and the next call, are we invited to send you ideas on how to go about step one, provide additional definitions regarding the potential data gathering and study requirements? Or are we actually supposed to send you input on those requirements and data points? >>AVRI DORIA: I think at this point, we're still at the point of figuring out what kind of process we want to follow. So, I mean, I think always on the list people can do what they want. But yes. >>ADRIAN KINDERIS: Can I get a clarification on "we"? Whom is we? >>AVRI DORIA: We as council. >>ADRIAN KINDERIS: So we as council are -- your statement from earlier -- >>AVRI DORIA: I'm not sure what statement you are talking about. >>MIKE RODENBAUGH: Isn't we any councillor or constituency who might want to propose any sort of study? >>AVRI DORIA: Tim, please, use the microphone. >>TIM RUIZ: I guess, yes, if you believe that further policy work is needed for the study you are asking for. Why would we do a study if you didn't really believe that you really wanted to see policy work go forward in that area. >>ADRIAN KINDERIS: Yeah, I concur with Tim. And also, what role does the staff play in -- I was under the impression that the staff were going to go away and I could well be wrong. But I was under the impression that staff were going to go away, look at what studies that needed to be done from the work done already, what further study was needed and we as a group could pick and choose which ones of those studies we thought were worth going forward with. >>AVRI DORIA: I suppose -- >>ADRIAN KINDERIS: If I'm wrong, I'm wrong. >>AVRI DORIA: I suppose that. >>ROSS RADER: That's why we voted against this. >>ADRIAN KINDERIS: That's why I voted no. >>AVRI DORIA: I thought that actually we were going to clarify, we had already left it that we were going to clarify on -- because at the moment, what we've given the staff in terms of a study is so broad in scope and so methodologically unclear, or we can come up with some notions of what do we think is unclear. It's up to us as a council as to how we want to proceed. If we want to ask the staff to do that, I suppose we could. >>ADRIAN KINDERIS: I'm not saying -- I'm sorry, Craig. But I'm open to anything. I am just trying to get clarification. That was just my understanding, if that's not and consensus is such we don't want to go down that road, then I am fine with it. >>AVRI DORIA: Ute. >>UTE DECKER: I think it will be a collaborative effort. In terms of what we agreed, the council would take the first step and then staff would come back with budget figures and then council will decide again, and then whatever is decided will be carried through. But given that staff is already working to some degree on it, I think we have to look at what the material that we already had in Liz's presentations and there would be no reason not to make use of that work that has already been done. >>AVRI DORIA: I think I understood it the same way. Yes, Tim. >>TIM RUIZ: Yeah, I guess maybe I wasn't paying very good attention when this resolution -- not that it would have mattered. I wasn't voting. But I guess I just understood it to be more do some work on -- preliminary work on what kinds of studied might we need to do, what kind of costs might be involved, but that we're not really pursuing any study unless someone comes up and says we're going to -- for some reason we initiate or see a reason to initiate policy development. That we say that the resolution says -- we're foreseeing a demand for future policy development, but unless it occurs, we're not really going to do the studies, but we are going to do some groundwork to be prepared. >>AVRI DORIA: I guess -- I think there's a good similarity there, and you will correct me, except for the last part. It's we can decide as a group after we have gotten to a certain point that there is good reason to continue on one of them. I don't know that someone external has to come after this groundwork has been laid, but you wanted to respond. >>TIM RUIZ: So you are saying that we would then decide to initiate? >>AVRI DORIA: We could then decide to initiate one of the studies. >>TIM RUIZ: So this might proceed without a policy development process being -- >>AVRI DORIA: They could be contained within an issues report, it could request for a study, it could go in various different ways. In other words, I don't think a study needs to commit us to the PDP that might depend on what information the study brought back. >>UTE DECKER: Actually, I think there might be benefit in thinking about further policy development work on the basis of studies rather than doing that work first and then have the studies taking place at the same time. I think that's part of the benefit that we are expecting from these studies, to have a better basis of any further decisions on any policy work. >>TIM RUIZ: But it still seems that the assumption would be that if the IPC wanted to ask for a study, then the IPC should be -- I guess, in my mind, it's saying we believe we may need policy development work in this area so we want this study done. We are requesting an issues report. If you don't really believe or you are not convinced policy work needs to be done there, why would we ask for a study to be done and spend the time, like we are looking for more work? Especially in an area where we know there's no consensus in the first place. >>AVRI DORIA: I actually had the impression that we were sort of working on the notion that people would, as it were, championing various studies, and that was the whole idea of trying to collect. If you think a study would be useful on X, well then write up what you think is important, what's useful. We then talk about it as a group to try to make sure we all understand it, flesh it out. And then we ask the staff to say, okay, what kind of costs would be involved in this kind of study, what kind of time would be involved, is this.... And then it would come back to us and then we would say, well, there's been a recommendation for study A would cost this much, would have -- the person asking for it would think it has -- and B and C. As a council, do we believe any of these are worth proceeding in? Do we not? And moving on from there like that. And so there was a -- first someone asks for a study in a particular shape. We get an estimate on it. And then we see if there's a reason to proceed, which I think is similar to what you're saying, but not the same. >>TIM RUIZ: I just think that the statement that's made in the resolution that, you know, we foresee a demand for future policy development, I think that's probably true. I don't think we need to go and look. I think it's going to come to us. And it would seem that the -- any studies that are done should be based on, you know, what comes to us. And to go out looking for it, you know, we may initiate a study in an area that isn't what's of primary concern at the moment, and something else may come up instead. So that's why it makes sense to me to think about what studies we might need to do in these areas we're aware that could come up, but to not initiate anything until, you know, there's evidence that there's concern or demand in the community for work in that area. >>AVRI DORIA: Right. But I guess since -- the only thing I would add is that part of that concern in the community may come from some constituency within the council. >>TIM RUIZ: Right. >>AVRI DORIA: And that's why we're here. And it'll bring it up, and then we'll talk about it. >>TIM RUIZ: That's what I'm saying that anyone requesting the study is under the belief that policy work needs to be done in the area. >>AVRI DORIA: Is under belief that it's possible. They may find out what's being gotten in the study that it really isn't needed. I mean, there's a possibility that you might have a question that you think there's a possibility policy work needs to be somewhere, but the study might show that you're wrong. I don't know if that matches what you're saying. So, you know, someone might think that there's, you know -- for example, the example I like to use, which I'm sure is not your example, is that one of the things that was said was that the market has solved the privacy issue with proxy services. So someone could come up for a suggestion for a study is, does this really work to protect privacy? And construct a study that way. And, basically, then, that person would champion such a study within the council, would get a bid on how much such a study would cost, what it would tact. Is it practical, is it impractical? And then the council would look at it, talk about it, see what had to happen next, if anything. >>TIM RUIZ: What my concern clearly is, just to put it on the stable, that I'm afraid some reports are going to be asked for, some study's going to be asked for in order to preempt possible policy work in an area that they don't feel is really needed. So they're going to be looking for, you know, research, information, data that says, yeah, see, this isn't really needed. And that could possibly backfire. So I'm just saying that, you know, if we're going to ask for reports or studies in certain areas, we should have a fairly good feeling that we believe there needs to be policy work done in it. Because that's likely what's going to happen. >>AVRI DORIA: I believe that that probably is the case. Any more meta discussions on WHOIS? We've got basically a half hour to this what seemed like a long meeting and how could we possibly fill it. Is there anyone else that wants to say anything else on WHOIS before we move on? Okay. The next thing was -- and I suggest we talk about these, except for maybe proxy voting issue, I don't know, but advanced work on restructuring tasks, you know, discussion of GNSO as a council, GNSO Council making a response to the restructuring. Is that appropriate? And if appropriate, is it something we want to do We talked about strat plan commentary, and especially the topic of including in the strategic plan that council member travel, et cetera, has to be subsidized to some extent. And also, I guess I would add the notion of whenever we decide that an interim meeting is required, there's always, "But that's exceptional budget." So does the strat plan or does this need to include the notion of, you know, periodic interim meeting possibilities, maybe one a year, two a year, whatever? We've pretty much been doing one or two a year. Is that something that, you know -- anybody have comments? And the proxy voting issue is slightly different, I think. Yes, Marilyn. >>MARILYN CADE: I'm going to make a comment just about the strat plan planning because I think I may have some experience in that. I also, some of you know, both pioneered the original face-to-face meetings and did the budget for them. And just by circumstances. I think what you need to do in terms of thinking about the travel funding, I think what you might want to do is what was proposed by Norbert and by Robin, and that is, separate out what you might need as an interim travel request to -- because you know that the longer -- some things will take a longer period of time. So develop an interim travel request for perhaps your Indian meeting. And then that would give you more time -- at least your Indian meeting, maybe even the Indian and Paris meeting, Avri, because of the budget cycle. Doug has instituted, as he said publicly to all of us, a per diem approach. So you might want to actually check with the staff and, you know, put together a request that's very bounded to deal with travel, and then incorporate your longer-term planning. And there you would be able to estimate that you're going to at least have one or two face-to- face meetings. If you don't put them in the budget at least as contingencies, I think you may have difficulty getting it added in, whereas if you don't use it, it could be carried over. >>AVRI DORIA: When does -- do you know also when this needs to be done by? >>MARILYN CADE: The 20th. >>AVRI DORIA: The 20th of this month? >>MARILYN CADE: Bingo. >>AVRI DORIA: Bingo month. >>MARILYN CADE: Well, the short stuff does. >>AVRI DORIA: Okay. So that's why you're suggesting separating. I'm wondering, is there a group of people of the constituency that want to work on making this sort of proposal and following it through and being responsible for it within our grouping here? >> We're talking about strat plans? >>AVRI DORIA: At the moment, we're talking about immediate input into the immediate budget plan by the 20th of November. So someone that can -- I'm in a bad position to track that. >>CHUCK GOMES: First of all, there's no input into the budget plan right now. >>MARILYN CADE: It's the topic. It's getting the topic -- Remember, we were asked to get the topics into the strat plan so that they could be taken into account for planning. So we don't have to do anything detailed. But we need to get the topics into the strat plan comments. And that, I think, is relatively quick and short to do. >>AVRI DORIA: And it needs to be done by the GNSO as a whole? It can be done singly? >>MARILYN CADE: Comments can be done by individuals to the strat plan. And, you know, I am happy to -- I intend to put a personal statement in about the need to have funding for travel for the council. I've said that in the microphone, and I intend to do that. I'm happy to -- I just checked with Mike, and I'm happy to work with anyone else. >>AVRI DORIA: Okay. I think I'm starting to understand. So you're suggesting that I and others should basically make comments into the strat plan about the need for interim travel, the need for that, and I should really just write something that says that. Do I need to know -- I'm not real great at budget stuff. >>MARILYN CADE: No, no. I think if you -- as an individual, any of us can make a comment. But you obviously wouldn't make a comment as the chair of the council unless you were -- >>AVRI DORIA: Unless we have the council -- >>MARILYN CADE: -- unless you're speaking as an individual. You could say the topic -- and this is not a new topic to the council. It maybe new to some of the new councillors. But we have raised the question before, put forward the budget request. We've had meetings with the staff. So, really, I think you're on very firm -- >>AVRI DORIA: And we've never gotten anywhere with it. >>MARILYN CADE: Yes, you did. You got funding for one person per constituency to all the interim meetings. So you got an interim approach. >>AVRI DORIA: I thought each time, that was sort of an ad hoc thing that we got, that that is never actually in the plan or the budget. >>MARILYN CADE: That's the point. >>AVRI DORIA: It always came as manna from heaven. >>MARILYN CADE: That's the point. That's why you're trying to get it into the plan as a topic. >>MIKE RODENBAUGH: Has the council ever requested it? >>MARILYN CADE: Yes. >>MIKE RODENBAUGH: Or has it always been individuals? >>AVRI DORIA: As a council -- >>MIKE RODENBAUGH: Perhaps could we dredge up the council requests that we submitted before and submit them again? >>AVRI DORIA: I would actually -- we should probably dig it up for reference sake, if we can. But I would recommend -- I would actually ask if there's someone from the council that would perhaps -- perhaps one or two people that could actually work on putting together something. We could vote it as a motion at the next meeting. And then, basically, I could present as the chair of the council something that the council had, indeed, voted on requesting this, if, indeed, that's what the council is willing to vote on. So can I have -- are there any volunteers from a couple of the constituencies to take responsibilities for coming up with is such a motion? You'll work with Mike and Norbert? Marilyn and Norbert? Okay, so, Norbert, you'll put in the motion in time for the next meeting so that we can then vote on it and I can pass it on as a -- will I have time with the next meeting? Yeah. >>LIZ WILLIAMS: Avri. >>AVRI DORIA: Yes. >>LIZ WILLIAMS: Up here. There's a lot of historic information available around preparation for all the gTLD stuff in Amsterdam, in Brussels, in you name it. And that can be dug out very simply. Bruce had that -- >>AVRI DORIA: But that was the ad hoc requests. >>LIZ WILLIAMS: But there were serial requests. I can see what you're trying to do. You're trying to put it all together in a consolidated form so it has a proper budget line item so it's predictable, everyone knows what they're doing, they can maker their preparations. A quick word to Bruce about where he put it would be really simple. But a troll through the GNSO Council archives for more than two years ago will give you all that information. (No audio). >>AVRI DORIA: Thank you. >>GLEN DE SAINT GERY: Sorry. I will send you the history on that, the requests that Denise has made, which I think are pretty substantial, for each meeting, where we actually laid down a certain policy that she said would be followed. >>AVRI DORIA: Mm-hmm. No, I remember those. But as I say, it was a new one each time. Okay. Now, we say we need this by the 20th. >>MARILYN CADE: I don't think you need the amounts. >>AVRI DORIA: We need a statement. >>MARILYN CADE: You need a statement and probably want to be able to reference, you know, sort of the history of the dates. But Glen's going to provide the dates. It'll have the estimated money. >>AVRI DORIA: No. I was actually more worried about whether us having a meeting and being able to get a vote of the GNSO so that it was a council request as opposed to an individual request. >>MARILYN CADE: Sure. So let me just ask a question of you, Avri. I think if you -- the details would be something like this, I think that we would work on. It would be, here's the history, which establishes the need. Here's what's been done before, with examples of the cost. And the council recommends that this item be incorporated in the strategic plan in keeping with the statement that's in the new -- the GNSO improvement plan, and the -- we can't give definite costs, but we estimate these categories. And then you're -- the council would be approving a framework, I think. >>AVRI DORIA: Right. No, I understand that. I was just trying to figure out, with it being due on the 20th, when I would be able to get a vote out of the council to endorse it. Now, if you looked at the bottom stuff, which we'll probably get to fairly soon, since it's almost 5:00, in terms of meetings, I had recommended a meeting for the 20th. So, coincidentally, I would be able to ask for a vote on it in time to send it in that day, assuming that their deadline is not, you know, unreasonable. Okay. We'll get to the meetings in a second. Any other comments on this? Or at this point, should we save these discussions for later? With nobody having any comments on them now, they're just -- they're obviously things that are on. Do we want to talk about -- why don't we talk about the calendar, and then if we can go back to proxy voting. Is that okay? Or do you want to talk about proxy voting first. >>MIKE RODENBAUGH: We still have 20 minutes, because it really relates to the next issue, particularly with Delhi being the next meeting, it might be difficult, especially if we don't get travel expenses, for too many folks to go. >>AVRI DORIA: Okay. The proxy issue, as I understood -- first of all, we got the answer from legal, which I sent to everyone, which basically giving their reasons why they did not believe that the bylaws allowed it at the moment, that, basically, the bylaws required us to be -- that anytime that voting occurred, the voting person could communicate directly to the others their position. So that was -- I'm paraphrasing a legal statement. But that was essentially, if you want, I can dig it up and we can read it. But, basically, the recommendation from legal counsel was, no, the bylaws say no. If you want it, you need to make a request to the board for a bylaws change. So -- and the other thing I had gotten was that the restructuring report might say something about it, but it didn't. So we're therefore at a point that if it's something we want, we need to make a request. We need to basically craft a request, vote on it, and send it to the board. >>MIKE RODENBAUGH: All right. I don't know if this is a fair question to ask, because I know we're not voting. But are any of the other councillors present opposed to the idea of somebody drafting such a motion or just the concept of proxy voting? Just trying to get a temperature on that. Are there councillor that are opposed to the notion of doing some sort of proxy voting that would allow that? >>AVRI DORIA: I have -- I have reservations about the method of proxy, but not about proxy itself. >>CHUCK GOMES: I would probably say something similar. I think that we need it. I think it needs to be controlled. It shouldn't be as loosely used as we've done in the past. >>AVRI DORIA: I have Tim and Ross. Tim, you had your hand up first. >>TIM RUIZ: I forgot that I did. I was just curious about the timing of -- I mean, if we decided to move forward with one or the other, what would be the timing of going to the board at the request and getting them to approve a change in the bylaws versus maybe making a comment for a request and change in the GNSO restructuring plan. >>AVRI DORIA: Okay. I don't know. My gut feeling is that while they were voting on restructuring, they would just postpone any bylaws change until they did them all at once, but I'm only guessing. That's what I would do. But I don't know. That would just be my guess. Ross. >>ROSS RADER: Yeah, I would just encourage council going forward to consider this in the context of the reform work to make sure that the I's are dotted instead of crossing the I's and dotting the T's. You don't want to mix the two and have to go back and reverse it. >>AVRI DORIA: You said were you going to defer to Tim from now on. Yeah, okay. [ Laughter ] >>AVRI DORIA: Okay. Any other? >>MIKE RODENBAUGH: Transylvania. [ Laughter ] >>AVRI DORIA: It's a good thing we have only got 20 minutes left. >> Strike that from the record, please. >>AVRI DORIA: Does anybody -- And this kind of fits into some of the things we talked about before, a discussion on GNSO restructuring and response. Did we want to start looking together putting together a set of responses that we would send onto the committee as GNSO recommendations? Now, a personal opinion, I think that if we try to get into things like structures of stakeholder groups and proportionality and things like that, we're asking for endless discussions that we could never resolve here. I think it's good for the constituencies to state their own issues on those things. But I think that if we have comments on, you know, things like working groups, things like proxy voting, things like where the bylaws are, things about transition plan timing and such like that, I think it probably reasonable for us to put together something that we can say we as, hopefully, a supermajority, as a consensus, even, think that these are considerations. Yes. >>TIM RUIZ: I think that makes sense. I was wondering, too, if maybe, if we wanted to do it individually or should we put it together a collection of clarifying questions? Because when we've had discussions I know within our constituency, there's been a lot of questions about some of the nuances of what's written there. And being able to understand that clearly in order to come up with a constituency position or councillor views would be helpful. >>AVRI DORIA: Yeah. >>CYRIL CHUA: I feel that the more senior members of the council should take the lead in this because they will be able to offer valuable guidance from their experience throughout the years. >>AVRI DORIA: Ute. >>UTE DECKER: Avri, I agree I think there are only very few items that will lend themselves to a council position. And I would think at this stage, the working group will look from the council for input. And there's two areas that spring to mind. You mentioned working groups, and then of course the improvement of the PDP is something that people who have participated in PDPs would be particularly knowledgeable about and that might be something where we could actually come to a common position as a council. >>AVRI DORIA: Anyone else want to comment? I think a way to go forward would be for someone to try, or several someones to try writing up something that would be suggested to the rest of the group and we would talk through. Yes? >>MIKE RODENBAUGH: I guess we also need to consider the issue of timing, when that would be. >>AVRI DORIA: It would have to be real soon now. >>MIKE RODENBAUGH: I thought it might depend on what the board did with this tomorrow. Based on my interaction with Vint at the mike today, it sounded like it's pretty unclear what was going to happen tomorrow. And then unclear what the next steps are in this process. >>AVRI DORIA: I do think you're right, it's unclear. I do get the impression from Roberto and the committee that they want to move quickly. Vint won't be the factor past sometime tomorrow morning. And so we don't know the date, but I'm still willing to bet it's real soon now. Yes, Ross. >>ROSS RADER: I can't see any -- I think the council has got real consensus around this particular point of proxy. You don't have agreement on the details, but I would see no reason why you couldn't communicate this consensus to that committee directly in that form and allow it to move forward on that basis. No? That's a suggestion. >>AVRI DORIA: That basically I individually write to them and say we think proxy voting should be allowed but we think that the issue of the rules and regulations around it are something that need to be discussed? >>ROSS RADER: Just say this has been a longstanding issue for council, we have had repeated requests for clarification, blah, blah, blah, we would like to see this picked up in the reform. >>AVRI DORIA: I could certainly write a note on that basis to them and say that, unless someone objected to my saying it. I could float the note on the list first to see if anybody objected to it, just to make sure I wasn't saying something that anyone.... So I'm certainly more than willing to say that there's interest. I'm not willing to get into any details about proxy would work because I know there are disagreements among us on how proxies would work. >>UTE DECKER: Avri, I am getting confused. >>AVRI DORIA: Me too. >>UTE DECKER: Are we now thinking of raising the proxy voting point in the context of the GNSO reform discussion? >>AVRI DORIA: I think that was the suggestion. >>UTE DECKER: I do not agree with that suggestion at all. I very much disagree with mixing those two issues. >>MIKE RODENBAUGH: Likewise. We need to deal with the proxy issue as soon as we can before the next meeting. >>MARILYN CADE: Avri, if I might just make a comment about that. You know, one thing you might consider, given that Delhi is a challenge for travel, and you already know that, you could consider in asking for an interim approach for Delhi and asking staff to help explore what the options are. In previous discussions, the question that has been raised, and it's been raised on the board as well, because the discussion about proxy voting came up on the board when Louis was the general counsel. And the lengthy discussion had to do with the fact that there was concern that the party who voted take place in the robust deliberations about the vote. >>AVRI DORIA: Yeah. >>MARILYN CADE: So maybe you guys could consider checking out whether you could have a interim solution for Delhi since you think you might have lots of problems with people traveling, and deal with it separately. >>UTE DECKER: Yeah, I think the more we can circumvent it and the clearer we can make it that this is just for -- that we are not seeking to go back to where we used to be and that this is all based on the assumption that everybody is actively participating and following the debate very closely, I think that would help. >>AVRI DORIA: Okay. I had Jon. >>JON BING: There's probably a history here which I fail to grasp. But otherwise I think we would be a master on procedure to a sufficient degree to make a decision on how to have the proxy voting in the, for instance, in the next meeting. Perhaps even in more general way. Because it doesn't really require an amendment to the regulations or bylaws as long as the bylaws don't regulate this. It's sort of filling it out by a concrete decision. >>AVRI DORIA: According to legal counsel, the bylaws do prohibit it and legal counsel has said we must have a bylaws change in order to do it. >>JON BING: Sorry; I said I don't know the history. >>AVRI DORIA: We do not control our own fate when it comes to the bylaws. There are a bunch of hands, yes. Ross. >>ROSS RADER: Just because it's funny, I'm going to quote Jordyn yesterday when he mentioned that the council was being silly. And I think borderline in that, pushing up on that same boundary, simply because there is going to be a lot of work in the next three to six months around how council votes and what council votes on and all of these things. So to instruct staff to go out and amend the bylaws or ask the council if they can instruct the staff to go out and amend the bylaws and then do it again a few weeks later, that doesn't seem to make a lot of sense to me. We've had meetings in remote areas before. We had one recently this year. But we seem to have them every year. I'm not sure that the meeting in Delhi is going to be all that different from the meeting we had in Morocco in that sense. I just think it's energy that the council could better use to focus on the general reform and not the specific issues of proxy at this time. >>AVRI DORIA: I would also like to point out that all the meetings are in a remote area to someone. >>ADRIAN KINDERIS: You just stole my thunder. >>AVRI DORIA: Sorry. >>ADRIAN KINDERIS: Especially coming from Melbourne, Australia, right? But I also want to remind you that Delhi, if I may quote the gentleman that got up on stage, is a happening place. [ Laughter ] >>AVRI DORIA: Yeah. Why would -- okay. At the moment, I'm actually confused as to what the council would want me to do. Actually, I think there's two things. I think one thing, it's fairly certain that whether we get it in the current bylaws or not, we would like to make sure that we had a proxy vote in the restructured vote. I don't think anyone is disagreeing on that. The question is whether I'm actually asking for a bylaw change at this point before restructuring. And I would do that if the council voted that it wanted that done. I won't do it based on this particular conversation. If somebody wants to bring up a proposal that we vote on at the next meeting saying, "We as a council want the bylaws changed now for proxy voting in this way," and we have at least a majority on it, then I'll gladly take it. But with the conversation the way it's going at the moment, I just don't feel comfortable saying -- I feel very comfortable saying we want proxy changes in the restructured council. I have no qualms about saying that that's an issue. About asking for a bylaw change before the restructuring, I -- if I have a majority from the council telling me to go do it, gladly. >>MIKE RODENBAUGH: So you just leave it for somebody to come up with a motion. >>AVRI DORIA: Come up with a motion. We approved it by a majority. Then I'll go ask, with a motion in my pocket saying, "This is" -- and I would actually ask that the motion include how you want that proxy to work. So we're telling them, "We want this particular change in the bylaws now." And I'll do that. And Ross won't be there to say it's silly. >>ROSS RADER: I'll be there. >>AVRI DORIA: You'll be there to say it's silly. >>ROSS RADER: I didn't say silly, but.... >>AVRI DORIA: Okay. Now there's only four minutes left. Schedule. Oh, you can barely read it. I have to make bigger print. But, anyhow, this is a terrible thing to say, but it really occurs to me that we may have enough to do that we need to think about meeting every two weeks. Which I must say, I feel bad about, because -- >> (inaudible). >>AVRI DORIA: Thank you. Anyhow, I can't -- >>MIKE RODENBAUGH: How about every three weeks? >>AVRI DORIA: That was the second choice, if I couldn't get people to agree to two weeks. Okay. So at the moment -- first of all, I believe we have to have a meeting fairly soon. If -- and it looks like having picked the 20th of November was fortuitous, because if we want to put something in the strat plan that has a council vote on it, that's the latest we can meet to approve it. So the first meeting we were proposing was the 20th of November. And it's really difficult when you start looking at the calendar for the end of the year, finding weeks that aren't a holiday. You know, the 20th -- you know, because next week -- well, we never do it the next week. The following week, I know that neither -- unfortunately, but neither Chuck nor I can actually be available to chair it. I'm in Rio at the IGF. I think some of you are also in Rio at the IGF. And Chuck's doing something else. So there's no one to chair it. So that makes the week after the 20th. Now, waiting until that Thursday doesn't work, because that's Thanksgiving. And so for all the U.S.ans among us, they probably won't want to have a meeting in the middle of the afternoon on Thanksgiving. >>MIKE RODENBAUGH: What about the 8th or something like that? Maybe the 8th and the 27th? >>AVRI DORIA: So the 8th of November? >>MIKE RODENBAUGH: Yes. >>AVRI DORIA: In other words, next week? >>MIKE RODENBAUGH: Yes. >>AVRI DORIA: The 20th is not -- >>MIKE RODENBAUGH: Too soon? I thought we wanted to do something before the 20th because of the strategic plan issue. >>AVRI DORIA: Right. Well, we could have the work done on the 20th, all we need to do is approve it in time on the 20th to get it in and say that it's from the council. I can't do the 8th. I don't know if you can do the 8th. >>CHUCK GOMES: 8th looks okay. >>AVRI DORIA: Right. >>MIKE RODENBAUGH: I guess I'm not sure -- will we have enough work to do on the 8th? >>AVRI DORIA: Most of the time we've basically sort of said the week after the meeting is a little too soon for people. They've got the rest of their world to catch up with. And -- >>MIKE RODENBAUGH: But this year we have IGF in the way and then Thanksgiving, so.... >>AVRI DORIA: True. I was going to say, I'm fine with the 8th. I don't know that I can make it. I might be able to. I don't know. >>MARILYN CADE: But if you're planning on the input from me and Norbert by then, I don't see us being ready by then. >>AVRI DORIA: Okay. So, yeah, having enough to be done by then. >>CHUCK GOMES: Does the 20th not work for anyone? >>AVRI DORIA: And the 20th, if everything is ready for the strat plan except for having voted on it, then it's trivial to basically send it in right after the meeting, saying we voted on it, yes. >>MARILYN CADE: But let's be clear. What we're giving you is an insert that has to do with budget request and planning. You guys made a decision, I think -- I'm trying to summarize this -- that constituencies will be submitting their own comments on the more complex, perhaps less consensus-based elements of the GNSO review, et cetera. >>AVRI DORIA: But that's a different issue. >>MARILYN CADE: I understand. But we will just be referencing the - - I just want to clarify this. There will be a very brief sentence which says, "The need for this kind of support was referenced in the GNSO review," because I'm assuming that is not a controversial -- >>AVRI DORIA: Oh, no, that's not controversial. Right. I didn't realize (inaudible). Okay. So meeting on the 20th. No issue? We can do a meeting on the 20th? Fantastic. How about the 6th of December, two weeks later? >>MIKE RODENBAUGH: What time are the meetings? >>AVRI DORIA: 15:00 UTC, the standard time? >>CHUCK GOMES: It's 7:00 Pacific, 10:00 eastern. >>AVRI DORIA: Although, will time have changed by then? >>CHUCK GOMES: Yes. >>AVRI DORIA: Everywhere in the world? >>CHUCK GOMES: I only looked it up on the 20th. >>AVRI DORIA: Well, after that, it's -- 15:00 UTC -- >>ADRIAN KINDERIS: That's 2:00 in the morning for me. I'm happy to do that, but I'll be drunk. >>MIKE RODENBAUGH: What else is new? >>AVRI DORIA: Eww! >>ADRIAN KINDERIS: I'm 0 for 7, I think. >>CHUCK GOMES: You are. You left yourself open. >>AVRI DORIA: So, now, -- having you all the time at 2:00 a.m. seems wrong. >>ADRIAN KINDERIS: Actually, on the 6th, I'll be in Dubai, so that's workable easily. That's 7:00 in the evening. But whenever I'm in Melbourne -- the 20th, I'll be in Melbourne. But if it's only one person, I can -- >>AVRI DORIA: 2:00 a.m. >> Limit yourself -- >>AVRI DORIA: So it's 7:00 a.m. in California. >>ADRIAN KINDERIS: Can we make it a little less painful? Can you move it a little? >>GLEN DE SAINT GERY: Otherwise, we did what Bruce did, and that was make it at 6:00 in the morning for him, 6:00 for you, and for us in Europe, it is 8:00 in the evening. >>AVRI DORIA: And it's in the middle of the day for most -- >>GLEN DE SAINT GERY: And it's in the middle of the day for everybody else. >>AVRI DORIA: So is 6:00 in the morning more palatable to you than - - >>ADRIAN KINDERIS: I'll be hung over, but -- No, that's fine. I appreciate the accommodation. But it doesn't always have to be that way. >>CHUCK GOMES: What time was that UTC? >>GLEN DE SAINT GERY: UTC, that is, I think, 18 hours. >>AVRI DORIA: No, three hours -- it would be four hours later. Yeah, it would be four hours later, obviously, 2:00 a.m. to 6:00 a.m. >>GLEN DE SAINT GERY: 19 hours. >>AVRI DORIA: Now, do people have a problem with not always being at the same time? >>UTE DECKER: I do have a problem with it in that case on Thursdays, because I can never make Thursday evenings, I could never be on any call. >>AVRI DORIA: Okay. This is a Tuesday one that we have just changed. That's okay? >>CHUCK GOMES: Thursday, that would be -- >>AVRI DORIA: Well, Thursday, you said you didn't care. >>ADRIAN KINDERIS: I beg your pardon? >>AVRI DORIA: You said the next one you didn't care because you will be in Dubai. >>ADRIAN KINDERIS: Yes, Dubai. That's fine. >>AVRI DORIA: You are the only Australian we've got; right? And we don't have any other time zone? >>ADRIAN KINDERIS: Thankfully. >>AVRI DORIA: I just wanted to make sure we weren't making assumptions. >>CYRIL CHUA: It's 5:00 a.m. >>AVRI DORIA: That's right. Where are you? Singapore. >>CYRIL CHUA: It's all right. >>AVRI DORIA: This one time, because otherwise it would be 1:00 a.m. for you the other way; right? 1:00 is better for you. You're also Singapore? You're not, but same time zone. That's what I have to keep track of is what time zones we've got. >>ADRIAN KINDERIS: You are in the same time zone? >>AVRI DORIA: Same as you. So we have got Hong Kong, Singapore. Okay. (Multiple people talking at once.) >>ADRIAN KINDERIS: There's two of them, though. I would rather do it by numbers. If you are going to do it by numbers, do it by the lower amount. You can't do 4:00 in the morning for those guys. >>AVRI DORIA: It was 5:00. What happens if we move it to 20 UTC? You get 7:00, you get 6:00, Europe it's only 9:00 instead of 8:00. So it's still reasonable hours. Is 7:00 okay for you? Because if we go to 7:00 or 8:00 but then we start getting too late for Europe. While we're going through times -- >>GLEN DE SAINT GERY: 20th of November. What time did you say, Avri? >>AVRI DORIA: Looking at possibly making it later to either 20 or 21 UTC. >> This is on the 20th? >>AVRI DORIA: Yeah. You are in what time zone? >>GLEN DE SAINT GERY: Hong Kong would still be 4:00 in the morning. >>EDMON CHUNG: Because there's a time change. >>AVRI DORIA: I know, but we've got to -- no, it's not impossible. You get as close as you can. >>GLEN DE SAINT GERY: That's 20th of November. >>AVRI DORIA: Okay. So do we want to make it an hour later, 20 or 21? 21 for Europe makes it, Stockholm -- that's not too late for me if I am in Sweden. But we've got other Europeans. How late can you stand? >>UTE DECKER: I can call in late but this time, 20 or 21 UTC on Thursdays will never work for me. >>AVRI DORIA: I was thinking about the Tuesday one at this time. >>GLEN DE SAINT GERY: Jon, 21 hours, is that all right? >>AVRI DORIA: I'll let you run this one. First of all, have we sort of half accepted the notion of every two weeks? It's that many meetings between -- just wanted people to notice that every two weeks gives us six meetings between now and New Delhi. Which is not a lot. Only six meetings. Are any of these dates, forgetting the times, are any of these dates impossible? So I was going to say, Mike, you suggested every three weeks. At every two weeks we only have six meetings between now and New Delhi. >>MIKE RODENBAUGH: That's not very many. >>AVRI DORIA: Three weeks there would be three meetings. >>MARILYN CADE: Avri, but you have occasionally had a three-hour call when you have needed to in order to make up the extra -- >>AVRI DORIA: Yeah. So okay. So we'll leave these dates and then we have to figure out what the right time is. If people are comfortable with the time moving, and as I have been in some groups where people wanted the same time all the time and they couldn't deal with a movable schedule, it was too confusing. But if people are willing to deal with moving times, then my suggestion is that we share pain and that we move it around and, you know, deal with that. But that makes sort of Glen's job of figuring out whose job it is to share pain an interesting challenge. >>ROSS RADER: It's good by me. >>AVRI DORIA: Yeah, I'm sure. I've got to say that after 3:00 or 4:00 a.m, I am really kind of useless. But I can't see me chairing something at 3:00 a.m. But other than that.... I somehow think we should try to avoid anybody meeting between 2:00 and 5:00 a.m. That seems like something we should try really hard to avoid. >>EDMON CHUNG: Not very possible. >>AVRI DORIA: In which case it should happen as rarely as possible to everyone so that it's a once in a rare thing and that it moves. >>GLEN DE SAINT GERY: 21 hours UTC? >>AVRI DORIA: Okay. That works. That doesn't work for Ute on Thursdays. But nothing later than what works for you on Thursdays? >>UTE DECKER: I'm happy with any time of the week other than the small little time slot between 8:00 and 11:00 p.m. UTC. >>AVRI DORIA: So basically evening UTC on Thursday. That Tuesday is fine and then for these others we can still work on the time. We don't need it now. So our next meeting is 20 November at 21 UTC. And the rest of them, those are the days, and Glen will work with us on the e-mail list to try and figure it out. Does anybody object to Glen trying to balance the pain so that we all take turns at the outrageous hours? Because I really hate that anyone -- I spent a year -- and it's personal. I spent a year living in Korea, and I always had the 2:00 a.m. meeting and I hated that. So I can understand someone hating always having the 2:00 a.m. meetings. You can never go to a party. Right, you're always drunk [ Laughter ] >>AVRI DORIA: So, actually, I was a couple times. But anyway, I wasn't chairing. Anyhow, I think we've covered -- we have used all our time. Nobody is kicking us out of this room but I don't know if anybody has got energy to keep doing this. And I think we call it done. Anyone object to calling it done? >>MIKE RODENBAUGH: Did we only do the 20th? >>AVRI DORIA: We will have the rest of the dates but Glen is going to work on a formula that balances pain. >>MIKE RODENBAUGH: Cool. >>AVRI DORIA: So we've learned that we have to balance unhappiness in motions and we balance pain. What a joy the GNSO is. And with those words, thanks. It's been great spending a lot of time with you all this week. And safe travels. >>GLEN DE SAINT GERY: Can I say one word about India? Apparently I have been told that the rooms will be terribly expensive, $500. That's not exactly correct. They will be more expensive than here, but ICANN is definitely working to get the best price possible. And we'll do the same thing as we've done up to now, and that is take a block booking and then you let me know as soon as possible about your traveling times, because it's going to be more complicated in India. We will be in different hotels, and in order to get the GNSO plus our meetings, plus our people, plus staff in the same hotel, it will be a good thing if we could, you know, work on that now. So as soon as you know, more or less, please let me know. >>MARILYN CADE: Did I hear you say there's an option, -- there are multiple hotels. Will some of them be less expensive than the venue hotel? >>GLEN DE SAINT GERY: That's quite doubtful, Marilyn.