[CCWG-ACCT] ST18 breathrough text

[Mathieu Weill]

Thank you Phil,



I think you are right that removing that ambiguity is consistent with our 
discussion earlier today. Probably the easiest fix would be to merge 
sentences as such



“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, and the Governmental Advisory Committee and the ICANN Board will then 
try, in good faith and in a timely and efficient manner, to find a mutually 
acceptable solution.”



Best

Mathieu



De : Phil Corwin [mailto:psc at vlaw-dc.com]
Envoyé : jeudi 26 novembre 2015 18:43
À : Mathieu Weill; accountability-cross-community at icann.org
Objet : RE: ST18 breathrough text



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

Virtualaw LLC

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Twitter: @VlawDC



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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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