AW: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed Revised Footnote

Sun Dec 9 11:05:09 UTC 2012

To clarify, there are currently two Board requested PDPs, one on the RAA
('Resolved (2011.10.28.33), the Board also requests the creation of an
Issue Report to undertake a GNSO policy development process (PDP) as
quickly as possible to address remaining items suited for a PDP) and the
recently requested Issue Report on the purpose of Whois ('hereby directs
preparation of an Issue Report on the purpose of collecting and
maintaining gTLD registration data, and on solutions to improve accuracy
and access to gTLD registration data, as part of a Board-initiated GNSO
policy development process'). As pointed out by Avri, for PDPs initiated
by the ICANN Board, there is no intermediate vote by the GNSO Council, the
PDP automatically proceeds. However, the ICANN Bylaws foresee that in the
case of a Board initiated PDP, 'the Board should provide a mechanism by
which the GNSO
 Council can consult with the Board to provide information on the scope,
timing, and priority of the request for an Issue Report'. In addition to
this mechanism, the ICANN Board and GNSO Council meet at every ICANN
meeting where there is another opportunity to discuss and/or express
concerns with regard to Board requested PDPs. For example, in relation to
the RAA PDP, as a result of dialogue between the ICANN Board and GNSO
Council it was agreed to 'suspend' the PDP until the RAA negotiations were
near completion so that it would be clear which topics would need to be
included in the PDP.

With best regards,

Marika

On 09/12/12 08:12, "KnobenW at telekom.de" <KnobenW at telekom.de> wrote:

>
>Thanks Avri, very helpful for understanding.
>
>
>Best regards
>Wolf-Ulrich
>
>
>-----Ursprüngliche Nachricht-----
>Von: owner-gnso-improvem-impl-sc at icann.org
>[mailto:owner-gnso-improvem-impl-sc at icann.org] Im Auftrag von Avri Doria
>Gesendet: Sonntag, 9. Dezember 2012 05:39
>An: gnso-improvem-impl-sc at icann.org
>Betreff: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>PDP--Proposed Revised Footnote
>
>
>Hi,
>
>As I understand it, they have asked g-council for answers, but they have
>not actually used the by-laws mechanism of requesting a PDP.  The
>g-council has used the PDP as a method of deciding on answers.  These are
>still g-council initiated PDPs.  Had the Board asked for the PDP, there
>never would have been a vote in g-council to initiate the PDP.
>Specifically:
>
>"
>March 212 20120314-1
>Motion on the Initiation of a Policy Development Process (PDP) on 'thick'
>Whois
>
>Whereas the GNSO Council requested an Issue Report on 'thick' Whois at
>its meeting on 22 September 2011
>(seehttp://gnso.icann.org/resolutions/#201109);
>
>....
>"
>
>"
>November 2012 20121017-2
>Motion on the Initiation of a Policy Development Process on the
>Protection of Certain International Organization Names in all GTLDs.
>
>Whereas the GNSO Council requested an Issue Report on the topic of
>whether ICANN should approve additional protections for the names of
>international organizations at the first and second levels in the New
>gTLD Program.
>
>....
>"
>
>Under the by-laws, ANNEX A: GNSO POLICY DEVELOPMENT PROCESS
>
>"
>Section 3. Requesting an Issue Report
>
>Board Request. The Board may request an Issue Report by instructing the
>GNSO Council ("Council") to begin the process outlined the PDP Manual. In
>the event the Board makes a request for an Issue Report, the Board should
>provide a mechanism by which the GNSO Council can consult with the Board
>to provide information on the scope, timing, and priority of the request
>for an Issue Report.
>
>....
>
>Section 5. Initiation of the PDP
>
>The Council may initiate the PDP as follows:
>
>Board Request: If the Board requested an Issue Report, the Council,
>within the timeframe set forth in thePDP Manual, shall initiate a PDP. No
>vote is required for such action.
>"
>
>avri
>
>
>On 9 Dec 2012, at 03:20, Aikman-Scalese, Anne wrote:
>
>> Must be my misunderstanding... I thought both the current whois PDP and
>>IOC RC NGO PDP were requested by the ICANN Board. Anne
>>
>> Sent from my Android phone using TouchDown (www.nitrodesk.com)
>>
>> -----Original Message-----
>> From: Ron Andruff [randruff at rnapartners.com]
>> Received: Saturday, 08 Dec 2012, 3:06pm
>> To: 'Avri Doria' [avri at acm.org]; gnso-improvem-impl-sc at icann.org
>>[gnso-improvem-impl-sc at icann.org]
>> Subject: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>>PDP--Proposed Revised Footnote
>>
>>
>> I support Avri's comments as well.  The Board's role is to commit policy
>> that has been developed through the bottom up process into rule by way
>>of
>> resolution.  Although the history of the Board's actions to date might
>>prove
>> otherwise, in an ever-maturing ICANN environment we should expect the
>>Board
>> to conform to ICANN's basic principles.
>>
>> I support the footnote amendment as proposed.
>>
>> Kind regards,
>>
>> RA
>>
>> Ronald N. Andruff
>> RNA Partners, Inc.
>>
>>
>> -----Original Message-----
>> From: owner-gnso-improvem-impl-sc at icann.org
>> [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Avri Doria
>> Sent: Saturday, December 08, 2012 9:47 AM
>> To: gnso-improvem-impl-sc at icann.org
>> Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>>PDP--Proposed
>> Revised Footnote
>>
>>
>> Hi,
>>
>> I think the question of what the Board would do if g-council ever
>>suspended
>> a PDP that they mandated is an open question.  I expect they would
>>either
>> wait, question the postponement, or make one their preemptory decisions.
>> Since the Board has never yet, to my knowledge, mandated a PDP - though
>>they
>> can - I do not think it is a critical issue at this point, and in any
>>case
>> think it is a separate issue from the suspension mechanism.  All other
>>PDPs
>> are g-council decsions, even if the issues report is requested by one
>>of the
>> ACs.
>>
>> I am fine with the footnote. thanks.
>>
>> avri
>>
>>
>>
>> On 8 Dec 2012, at 18:26, <KnobenW at telekom.de> <KnobenW at telekom.de>
>>wrote:
>>
>> > Anne and all,
>> >
>> > this touches the question whether the board may overrule a council
>> decision on suspension because you're expressing an expectation that the
>> council should follow a related board request. I think this could be the
>> case depending on a council debate following the board request but
>>there is
>> no obligation to do so.
>> >
>> > With this understanding, an you agree to the footnote provided by
>>Julie?
>> >
>> > Best regards
>> > Wolf-Ulrich
>> >
>> >
>> > Von: owner-gnso-improvem-impl-sc at icann.org
>> [mailto:owner-gnso-improvem-impl-sc at icann.org] Im Auftrag von
>> Aikman-Scalese, Anne
>> > Gesendet: Freitag, 7. Dezember 2012 18:43
>> > An: 'J. Scott Evans'; Julie Hedlund; gnso-improvem-impl-sc at icann.org
>> > Betreff: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>> >
>> > This makes sense.  Is it clear to everyone that if the ICANN Board
>>says,
>> "Sorry, GNSO, we don't want you to suspend because we need an answer -
>>go
>> back to the drawing board,"  then that is what will happen?
>> >
>> > Deadlock is deadly for ICANN.  If GNSO can't work effectively and the
>> Board has to act (pursuant to GAC Advice or otherwise), then Fadi's
>>"oasis"
>> announced in Dubai becomes more of a "quagmire" and pressure increases
>>to
>> take control away from ICANN.
>> >
>> > I only raise this because it seems to me the question will come up at
>>the
>> GNSO level.
>> >
>> > Anne
>> >
>> > <image001.gif>Anne E. Aikman-Scalese
>> > Of Counsel
>> > Lewis and Roca LLP . Suite 700
>> > One South Church Avenue . Tucson, Arizona 85701-1611
>> > Tel (520) 629-4428 . Fax (520) 879-4725
>> > AAikman at LRLaw.com . www.LewisandRoca.com/Aikman
>> >
>> >
>> > P Please consider the environment before printing this e-mail.
>> >
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>> >
>> >
>> >
>> >
>> > From: J. Scott Evans [mailto:jscottevans at yahoo.com]
>> > Sent: Friday, December 07, 2012 10:20 AM
>> > To: Julie Hedlund; Aikman-Scalese, Anne;
>>gnso-improvem-impl-sc at icann.org
>> > Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>> >
>> > I can live with that and I don't think this require further public
>>comment
>> since it merely clarifies the suspension.
>> >
>> > jse
>> >
>> > j. scott evans -  head of global brand, domains & copyright - Yahoo!
>>Inc.
>> - 408.349.1385 - jscottevans at yahoo.com
>> >
>> >
>> > From: Julie Hedlund <julie.hedlund at icann.org>
>> > To: "Aikman-Scalese, Anne" <AAikman at lrlaw.com>;
>> "gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>
>> > Sent: Friday, December 7, 2012 8:40 AM
>> > Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>> >
>> > Thanks Anne.  Then, would you want "until further notice" to be
>>deleted?
>> If so, here's an amended text for all to review.
>> >
>> > Best regards,
>> > Julie
>> >
>> > "Suspension is a STATED time interval during which there is a
>>temporary
>> cessation of the PDP, i.e. all activities are halted upon a decision of
>>the
>> GNSO Council. A mere change in milestones or schedule of the PDP is not
>> considered a suspension."
>> >
>> > From: <Aikman-Scalese>, Anne <AAikman at LRLaw.com>
>> > Date: Thursday, December 6, 2012 4:32 PM
>> > To: "gnso-improvem-impl-sc at icann.org"
>><gnso-improvem-impl-sc at icann.org>,
>> Julie Hedlund <julie.hedlund at icann.org>
>> > Subject: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>> >
>> > What is the relationship between "stated" and "until further notice"?
>>If
>> "stated" applies, then it seems that "until further notice" would not
>>apply.
>> Anne
>> >
>> > Sent from my Android phone using TouchDown (www.nitrodesk.com)
>> >
>> > -----Original Message-----
>> > From: Julie Hedlund [julie.hedlund at icann.org]
>> > Received: Thursday, 06 Dec 2012, 2:15pm
>> > To: gnso-improvem-impl-sc at icann.org [gnso-improvem-impl-sc at icann.org]
>> > Subject: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>>PDP--Proposed
>> Revised Footnote
>> >
>> > Dear SCI members,
>> >
>> > As we discussed on today's call, J. Scott has proposed a
>>clarification to
>> the footnote text for the PDP Manual, Section 15, on Suspending a PDP.
>> Please review the revised following text with the change in bold all
>>caps:
>> >
>> > "Suspension is a STATED time interval during which there is a
>>temporary
>> cessation of the PDP, i.e. all activities are halted upon a decision of
>>the
>> GNSO Council until further notice. A mere change in milestones or
>>schedule
>> of the PDP is not considered a suspension."
>> >
>> > For reference, I have included the entire section below so that the
>> footnote may be viewed in context.
>> >
>> > It was suggested on the call that if this clarification is accepted
>>by the
>> SCI members it will not require a new public comment period.
>> >
>> > **Please send any comments by COB Monday, 10 December so that if the
>>SCI
>> decides to submit a motion it may do so by the deadline of Wednesday, 12
>> December.**
>> >
>> > With best regards,
>> >
>> > Julie
>> >
>> > Julie Hedlund, Policy Director
>> >
>> > 15.    Termination of PDP prior to Final Report
>> >
>> > The GNSO Council may terminate or suspend[1] a PDP prior to the
>> publication of a Final Report only for significant cause, upon a motion
>>that
>> passes with a Supermajority Vote in favour of termination orsuspension.
>>The
>> following are illustrative examples of possible reasons for a premature
>> termination or suspension of a PDP:
>> >
>> > 1.     Deadlock. The PDP Team is hopelessly deadlocked and unable to
>> identify recommendations or statements that have either the strong
>>support
>> or a consensus of its members despite significant time and resources
>>being
>> dedicated to the PDP;
>> > 2.     Changing Circumstances. Events have occurred since the
>>initiation
>> of the PDP that have rendered the PDP moot, or no longer necessary; or
>> warranting a suspension; or
>> > 3.     Lack of Community Volunteers. Despite several calls for
>> participation, the work of the PDP Team issignificantly impaired and
>>unable
>> to effectively conclude its deliberations due to lack of volunteer
>> participation.
>> >
>> > If there is no recommendation from the PDP Team for its termination,
>>the
>> Council is required to conduct a public comment forum first prior to
>> conducting a vote on the termination of the PDP (as described above).
>> >
>> > [1] Suspension is a STATED time interval during which there is a
>>temporary
>> cessation of the PDP, i.e. all activities are halted upon a decision of
>>the
>> GNSO Council until furthernotice. A mere change in milestones or
>>schedule of
>> the PDP is not considered a suspension.
>> >
>> > For more information about Lewis and Roca LLP, please go to
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