[gnso-ff-pdp-may08] GNSO Policy Development Process (PDP)

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear All,

Some of you may not be familiar with the GNSO Policy Development Process as set 
out in the ICANN Bylaws so it is copied below for your attention.
http://www.icann.org/general/bylaws.htm#AnnexA

Annex A: GNSO Policy-Development Process

The following process shall govern the GNSO policy development process ("PDP") 
until such time as modifications are recommended to and approved by the ICANN 
Board of Directors ("Board").

1. Raising an Issue

An issue may be raised for consideration as part of the PDP by any of the 
following:

a. Board Initiation. The Board may initiate the PDP by instructing the GNSO 
Council ("Council") to begin the process outlined in this Annex.

b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at 
least twenty-five percent (25%) of the members of the Council present at any 
meeting in which a motion to initiate the PDP is made.

c. Advisory Committee Initiation. An Advisory Committee may raise an issue for 
policy development by action of such committee to commence the PDP, and 
transmission of that request to the GNSO Council.

2. Creation of the Issue Report

Within fifteen (15) calendar days after receiving either (i) an instruction 
from the Board; (ii) a properly supported motion from a Council member; or 
(iii) a properly supported motion from an Advisory Committee, the Staff Manager 
will create a report (an "Issue Report"). Each Issue Report shall contain at 
least the following:

a. The proposed issue raised for consideration;

b. The identity of the party submitting the issue;

c. How that party is affected by the issue;

d. Support for the issue to initiate the PDP;

e. A recommendation from the Staff Manager as to whether the Council should 
initiate the PDP for this issue (the "Staff Recommendation"). Each Staff 
Recommendation shall include the opinion of the ICANN General Counsel regarding 
whether the issue proposed to initiate the PDP is properly within the scope of 
the ICANN policy process and within the scope of the GNSO. In determining 
whether the issue is properly within the scope of the ICANN policy process, the 
General Counsel shall examine whether such issue:


1. is within the scope of ICANN's mission statement;

2. is broadly applicable to multiple situations or organizations;

3. is likely to have lasting value or applicability, albeit with the need for 
occasional updates;

4. will establish a guide or framework for future decision-making; or

5. implicates or affects an existing ICANN policy.

f. On or before the fifteen (15) day deadline, the Staff Manager shall 
distribute the Issue Report to the full Council for a vote on whether to 
initiate the PDP, as discussed below.

3. Initiation of PDP

The Council shall initiate the PDP as follows:

a. Issue Raised by the Board. If the Board directs the Council to initiate the 
PDP, then the Council shall meet and do so within fifteen (15) calendar days 
after receipt of the Issue Report, with no intermediate vote of the Council.

b. Issue Raised by Other than by the Board. If a policy issue is presented to 
the Council for consideration via an Issue Report, then the Council shall meet 
within fifteen (15) calendar days after receipt of such Report to vote on 
whether to initiate the PDP. Such meeting may be convened in any manner deemed 
appropriate by the Council, including in person, via conference call or via 
electronic mail.

c. Vote of the Council. A vote of more than 33% of the Council members present 
in favor of initiating the PDP will suffice to initiate the PDP; unless the 
Staff Recommendation stated that the issue is not properly within the scope of 
the ICANN policy process or the GNSO, in which case a Supermajority Vote of the 
Council members present in favor of initiating the PDP will be required to 
initiate the PDP.

4. Commencement of the PDP

At the meeting of the Council initiating the PDP, the Council shall decide, by 
a majority vote of members present at the meeting, whether to appoint a task 
force to address the issue. If the Council votes:

a. In favor of convening a task force, it shall do so in accordance with the 
provisions of Item 7 below.

b. Against convening a task force, then it will collect information on the 
policy issue in accordance with the provisions of Item 8 below.

5. Composition and Selection of Task Forces

a. Upon voting to appoint a task force, the Council shall invite each of the 
constituencies of the GNSO to appoint one individual to participate in the task 
force. Additionally, the Council may appoint up to three outside advisors to 
sit on the task force. (Each task force member is referred to in this Annex as 
a "Representative" and collectively, the "Representatives"). The Council may 
increase the number of Representatives per constituency that may sit on a task 
force in its discretion in circumstances that it deems necessary or appropriate.

b. Any constituency wishing to appoint a Representative to the task force must 
submit the name of the constituency designee to the Staff Manager within ten 
(10) calendar days after such request in order to be included on the task 
force. Such designee need not be a member of the Council, but must be an 
individual who has an interest, and ideally knowledge and expertise, in the 
area to be developed, coupled with the ability to devote a substantial amount 
of time to task force activities.

c. The Council may also pursue other options that it deems appropriate to 
assist in the PDP, including appointing a particular individual or organization 
to gather information on the issue or scheduling meetings for deliberation or 
briefing. All such information shall be submitted to the Staff Manager within 
thirty-five (35) calendar days after initiation of the PDP.

6. Public Notification of Initiation of the PDP

After initiation of the PDP, ICANN shall post a notification of such action to 
the Website. A public comment period shall be commenced for the issue for a 
period of twenty (20) calendar days after initiation of the PDP. The Staff 
Manager, or some other designated representative of ICANN shall review the 
public comments and incorporate them into a report (the "Public Comment 
Report") to be included in either the Preliminary Task Force Report or the 
Initial Report, as applicable.

7. Task Forces

a. Role of Task Force. If a task force is created, its role will generally be 
to (i) gather information detailing the positions of formal constituencies and 
provisional constituencies, if any, within the GNSO; and (ii) otherwise obtain 
relevant information that will enable the Task Force Report to be as complete 
and informative as possible.

The task force shall not have any formal decision-making authority. Rather, the 
role of the task force shall be to gather information that will document the 
positions of various parties or groups as specifically and comprehensively as 
possible, thereby enabling the Council to have a meaningful and informed 
deliberation on the issue.

b. Task Force Charter or Terms of Reference. The Council, with the assistance 
of the Staff Manager, shall develop a charter or terms of reference for the 
task force (the "Charter") within ten (10) calendar days after initiation of 
the PDP. Such Charter will include:

1. the issue to be addressed by the task force, as such issue was articulated 
for the vote before the Council that commenced the PDP;

2. the specific timeline that the task force must adhere to, as set forth 
below, unless the Board determines that there is a compelling reason to extend 
the timeline; and

3. any specific instructions from the Council for the task force, including 
whether or not the task force should solicit the advice of outside advisors on 
the issue.

The task force shall prepare its report and otherwise conduct its activities in 
accordance with the Charter. Any request to deviate from the Charter must be 
formally presented to the Council and may only be undertaken by the task force 
upon a vote of a majority of the Council members present.

c. Appointment of Task Force Chair. The Staff Manager shall convene the first 
meeting of the task force within five (5) calendar days after receipt of the 
Charter. At the initial meeting, the task force members will, among other 
things, vote to appoint a task force chair. The chair shall be responsible for 
organizing the activities of the task force, including compiling the Task Force 
Report. The chair of a task force need not be a member of the Council.

d. Collection of Information.

1. Constituency Statements. The Representatives will each be responsible for 
soliciting the position of their constituencies, at a minimum, and other 
comments as each Representative deems appropriate, regarding the issue under 
consideration. This position and other comments, as applicable, should be 
submitted in a formal statement to the task force chair (each, a "Constituency 
Statement") within thirty-five (35) calendar days after initiation of the PDP. 
Every Constituency Statement shall include at least the following:

(i) If a Supermajority Vote was reached, a clear statement of the 
constituency's position on the issue;

(ii) If a Supermajority Vote was not reached, a clear statement of all 
positions espoused by constituency members;

(iii) A clear statement of how the constituency arrived at its position(s). 
Specifically, the statement should detail specific constituency meetings, 
teleconferences, or other means of deliberating an issue, and a list of all 
members who participated or otherwise submitted their views;

(iv) An analysis of how the issue would affect the constituency, including any 
financial impact on the constituency; and

(v) An analysis of the period of time that would likely be necessary to 
implement the policy.

2. Outside Advisors. The task force, should it deem it appropriate or helpful, 
may solicit the opinions of outside advisors, experts, or other members of the 
public, in addition to those of constituency members. Such opinions should be 
set forth in a report prepared by such outside advisors, and (i) clearly 
labeled as coming from outside advisors; (ii) accompanied by a detailed 
statement of the advisors' (A) qualifications and relevant experience; and (B) 
potential conflicts of interest. These reports should be submitted in a formal 
statement to the task force chair within thirty-five (35) calendar days after 
initiation of the PDP.

e. Task Force Report. The chair of the task force, working with the Staff 
Manager, shall compile the Constituency Statements, Public Comment Report, and 
other information or reports, as applicable, into a single document 
("Preliminary Task Force Report") and distribute the Preliminary Task Force 
Report to the full task force within forty (40) calendar days after initiation 
of the PDP. The task force shall have a final task force meeting within five 
(5) days after the date of distribution of the Preliminary Task Force Report to 
deliberate the issues and try and reach a Supermajority Vote. Within five (5) 
calendar days after the final task force meeting, the chair of the task force 
and the Staff Manager shall create the final task force report (the "Task Force 
Report") and post it on the Comment Site. Each Task Force Report must include:

1. A clear statement of any Supermajority Vote position of the task force on 
the issue;

2. If a Supermajority Vote was not reached, a clear statement of all positions 
espoused by task force members submitted within the twenty-day timeline for 
submission of constituency reports. Each statement should clearly indicate (i) 
the reasons underlying the position and (ii) the constituency(ies) that held 
the position;

3. An analysis of how the issue would affect each constituency of the task 
force, including any financial impact on the constituency;

4. An analysis of the period of time that would likely be necessary to 
implement the policy; and

5. The advice of any outside advisors appointed to the task force by the 
Council, accompanied by a detailed statement of the advisors' (i) 
qualifications and relevant experience; and (ii) potential conflicts of 
interest.

8. Procedure if No Task Force is Formed

a. If the Council decides not to convene a task force, the Council will request 
that, within ten (10) calendar days thereafter, each constituency appoint a 
representative to solicit the constituency's views on the issue. Each such 
representative shall be asked to submit a Constituency Statement to the Staff 
Manager within thirty-five (35) calendar days after initiation of the PDP.

b. The Council may also pursue other options that it deems appropriate to 
assist in the PDP, including appointing a particular individual or organization 
to gather information on the issue or scheduling meetings for deliberation or 
briefing. All such information shall be submitted to the Staff Manager within 
thirty-five (35) calendar days after initiation of the PDP.

c. The Staff Manager will take all Constituency Statements, Public Comment 
Statements, and other information and compile (and post on the Comment Site) an 
Initial Report within fifty (50) calendar days after initiation of the PDP. 
Thereafter, the PDP shall follow the provisions of Item 9 below in creating a 
Final Report.

9. Public Comments to the Task Force Report or Initial Report

a. The public comment period will last for twenty (20) calendar days after 
posting of the Task Force Report or Initial Report. Any individual or 
organization may submit comments during the public comment period, including 
any constituency that did not participate in the task force. All comments shall 
be accompanied by the name of the author of the comments, the author's relevant 
experience, and the author's interest in the issue.

b. At the end of the twenty (20) day period, the Staff Manager will be 
responsible for reviewing the comments received and adding those deemed 
appropriate for inclusion in the Staff Manager's reasonable discretion to the 
Task Force Report or Initial Report (collectively, the "Final Report"). The 
Staff Manager shall not be obligated to include all comments made during the 
comment period, including each comment made by any one individual or 
organization.

c. The Staff Manager shall prepare the Final Report and submit it to the 
Council chair within ten (10) calendar days after the end of the public comment 
period.

10. Council Deliberation

a. Upon receipt of a Final Report, whether as the result of a task force or 
otherwise, the Council chair will (i) distribute the Final Report to all 
Council members; and (ii) call for a Council meeting within ten (10) calendar 
days thereafter. The Council may commence its deliberation on the issue prior 
to the formal meeting, including via in-person meetings, conference calls, 
e-mail discussions or any other means the Council may choose. The deliberation 
process shall culminate in a formal Council meeting either in person or via 
teleconference, wherein the Council will work towards achieving a Supermajority 
Vote to present to the Board.

b. The Council may, if it so chooses, solicit the opinions of outside advisors 
at its final meeting. The opinions of these advisors, if relied upon by the 
Council, shall be (i) embodied in the Council's report to the Board, (ii) 
specifically identified as coming from an outside advisor; and (iii) be 
accompanied by a detailed statement of the advisor's (x) qualifications and 
relevant experience; and (y) potential conflicts of interest.

11. Council Report to the Board

The Staff Manager will be present at the final meeting of the Council, and will 
have five (5) calendar days after the meeting to incorporate the views of the 
Council into a report to be submitted to the Board (the "Board Report"). The 
Board Report must contain at least the following:

a. A clear statement of any Supermajority Vote recommendation of the Council;

b. If a Supermajority Vote was not reached, a clear statement of all positions 
held by Council members. Each statement should clearly indicate (i) the reasons 
underlying each position and (ii) the constituency(ies) that held the position;

c. An analysis of how the issue would affect each constituency, including any 
financial impact on the constituency;

d. An analysis of the period of time that would likely be necessary to 
implement the policy;

e. The advice of any outside advisors relied upon, which should be accompanied 
by a detailed statement of the advisor's (i) qualifications and relevant 
experience; and (ii) potential conflicts of interest;

f. The Final Report submitted to the Council; and

g. A copy of the minutes of the Council deliberation on the policy issue, 
including the all opinions expressed during such deliberation, accompanied by a 
description of who expressed such opinions.

12. Agreement of the Council

A Supermajority Vote of the Council members will be deemed to reflect the view 
of the Council, and may be conveyed to the Board as the Council's 
recommendation. Abstentions shall not be permitted; thus all Council members 
must cast a vote unless they identify a financial interest in the outcome of 
the policy issue. Notwithstanding the foregoing, as set forth above, all 
viewpoints expressed by Council members during the PDP must be included in the 
Board Report.

13. Board Vote

a. The Board will meet to discuss the GNSO Council recommendation as soon as 
feasible after receipt of the Board Report from the Staff Manager.

b. In the event that the Council reached a Supermajority Vote, the Board shall 
adopt the policy according to the Council Supermajority Vote recommendation 
unless by a vote of more than sixty-six (66%) percent of the Board determines 
that such policy is not in the best interests of the ICANN community or ICANN.

c. In the event that the Board determines not to act in accordance with the 
Council Supermajority Vote recommendation, the Board shall (i) articulate the 
reasons for its determination in a report to the Council (the "Board 
Statement"); and (ii) submit the Board Statement to the Council.

d. The Council shall review the Board Statement for discussion with the Board 
within twenty (20) calendar days after the Council's receipt of the Board 
Statement. The Board shall determine the method (e.g., by teleconference, 
e-mail, or otherwise) by which the Council and Board will discuss the Board 
Statement.

e. At the conclusion of the Council and Board discussions, the Council shall 
meet to affirm or modify its recommendation, and communicate that conclusion 
(the "Supplemental Recommendation") to the Board, including an explanation for 
its current recommendation. In the event that the Council is able to reach a 
Supermajority Vote on the Supplemental Recommendation, the Board shall adopt 
the recommendation unless more than sixty-six (66%) percent of the Board 
determines that such policy is not in the interests of the ICANN community or 
ICANN.

f. In any case in which the Council is not able to reach Supermajority, a 
majority vote of the Board will be sufficient to act.

g. When a final decision on a GNSO Council Recommendation or Supplemental 
Recommendation is timely, the Board shall take a preliminary vote and, where 
practicable, will publish a tentative decision that allows for a ten (10) day 
period of public comment prior to a final decision by the Board.

14. Implementation of the Policy

Upon a final decision of the Board, the Board shall, as appropriate, give 
authorization or direction to the ICANN staff to take all necessary steps to 
implement the policy.

15. Maintenance of Records

Throughout the PDP, from policy suggestion to a final decision by the Board, 
ICANN will maintain on the Website, a status web page detailing the progress of 
each PDP issue, which will describe:

a. The initial suggestion for a policy;

b. A list of all suggestions that do not result in the creation of an Issue 
Report;

c. The timeline to be followed for each policy;

d. All discussions among the Council regarding the policy;

e. All reports from task forces, the Staff Manager, the Council and the Board; 
and

f. All public comments submitted.

16. Additional Definitions

"Comment Site" and "Website" refer to one or more web sites designated by ICANN 
on which notifications and comments regarding the PDP will be posted.

"Staff Manager" means an ICANN staff person(s) who manages the PDP.

"Supermajority Vote" means a vote of more than sixty-six (66) percent of the 
members present at a meeting of the applicable body.

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org