[CCWG-ACCT] ST18 breathrough text

[Matthew Shears]

Yes, that was my understanding as well.

Matthew

On 26/11/2015 17:43, Phil Corwin wrote:
>
> With all respect, I believe there was substantial consensus and no 
> objection on the call to accepting my suggestion that the last 
> sentence of the first paragraph be clarified to eliminate any 
> ambiguity as to which GAC advice would require an effort to find a 
> mutually acceptable solution, as follows:
>
> /With//respect to such *consensus *advice, the Governmental Advisory 
> Committee and the ICANN Board will try, in good faith and in a timely 
> and efficient manner, to find a mutually acceptable solution. /
>
> //
>
> Absent such clarification, this sentence could be read as imposing 
> that duty in regard to any GAC advice transmitted to the Board, 
> regardless of whether it was supported by consensus. Even with this 
> clarification, the Board would still have to duly take into account 
> any GAC advice, as per the first sentence.
>
> *Philip S. Corwin, Founding Principal*
>
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>
> *From:*accountability-cross-community-bounces at icann.org 
> [mailto:accountability-cross-community-bounces at icann.org] *On Behalf 
> Of *Mathieu Weill
> *Sent:* Thursday, November 26, 2015 11:09 AM
> *To:* accountability-cross-community at icann.org
> *Subject:* [CCWG-ACCT] TR: ST18 breathrough text
>
> Dear Colleagues,
>
> During the call today, we found a common way forward on the ST18 
> recommendation, based on joint inputs from Denmark and Keith Drazek.
>
> This is intended to clarify the actual text that will be presented as 
> our proposal on the Draft Report.
>
> Thank you all of you for your contributions to this significant step 
> forward.
>
> Best and happy thanksgiving to all our US friends,
>
> Mathieu
>
> *De :*Steve DelBianco [mailto:sdelbianco at netchoice.org]
> *Envoyé :* jeudi 26 novembre 2015 17:03
> *À :* ACCT-Staff; Thomas Rickert; Mathieu Weill; León Felipe Sánchez 
> Ambía; Cheryl Langdon-Orr; Becky Burr; Jordan Carter
> *Objet :* ST18 breathrough text
>
> Here’s what we need in the 3rd report:
>
> Article XI, Section 2, Item 1
>
> j. The advice of the Governmental Advisory Committee on public policy 
> matters shall be duly taken into account, both in the formulation and 
> adoption of policies. In the event that the ICANN Board determines to 
> take an action that is not consistent with the Governmental Advisory 
> Committee advice, it shall so inform the Committee and state the 
> reasons why it decided not to follow that advice.    Any GAC advice 
> approved by a full GAC consensus, understood to mean the practice of 
> adopting decisions by general agreement in the absence of any formal 
> objection, may only be rejected by a vote of two-thirds (2/3) of the 
> Board. With respect to such advice, the Governmental Advisory 
> Committee and the ICANN Board will try, in good faith and in a timely 
> and efficient manner, to find a mutually acceptable solution.
>
> The GAC has the autonomy to refine its Operating Procedures to specify 
> how objections are raised and considered (for example, disallowing a 
> single country to continue an objection on the same issue if no other 
> countries will join in an objection).  When transmitting consensus 
> advice to the Board for which the GAC seeks to receive special 
> consideration, the GAC has the obligation to confirm the lack of any 
> formal objection.
>
>
>
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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987



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