[gnso-improvem-impl-sc] RE: Proposed language to address suspending a PDP

Aikman-Scalese, Anne AAikman at lrlaw.com
Tue Jul 24 16:06:59 UTC 2012


My question would be whether GNSO actually has authority to suspend a PDP that has been requested by the ICANN Board and if so, what is the source of that authority?  I have not checked the By-Laws as to the prior existence of the GNSO's authority to terminate a PDP so I don't know the origins of the authority for the addition of "or suspend".

I am also concerned that the stated reasons seem to be very accepting of the notion that we will experience completely ineffective PDP processes and that seems counter to the spirit of the organization.  For example, if a PDP is commenced on WhoIs, how easy will it be to reach a consensus on that one?  By listing these examples, do we create a sort of justification for giving up on an issue that seems too difficult?

Thank you,
Anne

[cid:960560116 at 24072012-01D9]Anne E. Aikman-Scalese
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________________________________
From: owner-gnso-improvem-impl-sc at icann.org [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Marika Konings
Sent: Tuesday, July 24, 2012 1:00 AM
To: gnso-improvem-impl-sc at icann.org
Subject: [gnso-improvem-impl-sc] Proposed language to address suspending a PDP

Dear All,

Following on from the last meeting, please find hereby the proposed language to be added to the PDP Manual to address suspending a PDP after initiation:

The GNSO Council may terminate or suspend* 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 or suspension. 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 is significantly impaired and unable to effectively conclude its deliberations due to lack of volunteer participation.
* Suspension is a 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.
This would be a modification of the current language of section 15 of the PDP manual (modified language in bold).

Looking forward to receiving your feedback.

With best regards,

Marika



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