[gnso-improvem-impl-sc] Actions: SCI Meeting 07 April 2013 - resubmission of a motion

Tue Apr 9 07:46:38 UTC 2013

Mary, the language does not say comply with ALL the following criteria. It says "one or more" of the following criteria so that is what is on the agenda for discussion at IPC. Anne

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-----Original Message-----
From: Mary.Wong at law.unh.edu [Mary.Wong at law.unh.edu]
Received: Monday, 08 Apr 2013, 8:45pm
To: gnso-improvem-impl-sc at icann.org [gnso-improvem-impl-sc at icann.org]
Subject: RE: [gnso-improvem-impl-sc] Actions: SCI Meeting 07 April 2013

Hi Anne, I don't know if this will help but I got a few "clarifying questions" (heheh) from members about how it would work, so I created the following explanation. Feel free to use/circulate!

Alternative #1: Leave the decision whether to accept the re-submission and place it on the Council's agenda up to the Chair of the GNSO Council

OR

Alternative #2.  Comply with ALL the following criteria, in the following order:

1. Re-submitting Councilor must provide the reasoning to justify the resubmission of a motion, no later than the usual deadline for submitting an original motion --  8 days prior to  the next GNSO Council meeting.

2. The text of the re-submitted motion must be published, no later than the usual deadline for submitting an original motion --  8 days prior to  the next GNSO Council meeting.

3. The re-submitted motion must have a seconder from each house as a prerequisite for placing the procedural question of accepting the re-submission on the consent agenda at the next GNSO Council meeting.

4. Any Councilor can ask for the acceptance of re-submission to be taken off the consent agenda -- in which case the question whether or not the re-submission should even go through goes automatically to a Council vote on whether to accept it.

NOTE: All this is just to decide if the act of re-submission itself is accepted -- the actual substance of the motion does not get discussed, or put to a vote, until the re-submission is accepted.

CONTEXT: At a recent Council meeting, a motion was voted on and defeated because two Councilors abstained without realizing that an abstention under the GNSO Council rules is automatically deemed to be a No vote. The question then became whether the motion could be re-submitted and re-voted on, at which point it became clear that the GNSO Council rules and procedures do NOT currently have a process in place to deal with the question. The SCI was therefore asked to look at the issue and recommend such a process.

Mary W S Wong
Professor of Law
Faculty Chair, Global IP Partnerships
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong at law.unh.edu
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php

>>>

From:

"Aikman-Scalese, Anne" <AAikman at lrlaw.com>

To:

"gnso-improvem-impl-sc at icann.org" <gnso-improvem-impl-sc at icann.org>, "julie.hedlund at icann.org" <julie.hedlund at icann.org>

Date:

4/9/2013 2:13 AM

Subject:

RE: [gnso-improvem-impl-sc] Actions: SCI Meeting 07 April 2013

Thanks Julie. Is there any way I could get about 40 hard copies of the draft on resubmitting a motion to hand out at the IPC meeting Tuesday afternoon? Thank you. Anne

Sent from my Android phone using TouchDown (www.nitrodesk.com)

-----Original Message-----
From: Julie Hedlund [julie.hedlund at icann.org]
Received: Monday, 08 Apr 2013, 4:44am
To: gnso-improvem-impl-sc at icann.org [gnso-improvem-impl-sc at icann.org]
Subject: [gnso-improvem-impl-sc] Actions: SCI Meeting 07 April 2013

Dear SCI members,

Please see below the actions from the SCI meeting on 07 April 2013 and provide any comments or questions to the list.  Our next meeting is scheduled for 01 May 2013.  A notice will be sent out separately.

Best regards,

Julie

Julie Hedlund, Policy Director

Notes / Actions:

1.  Working Group  Survey: Julie will check with ICANN staff who are working with the consultants who are developing the ICANN GNSO training modules;  Julie and J.Scott will work up a proposal to have the consultants draft a new survey based on the feedback received from Mikey.

2.  Termination/Suspension of a PDP: Julie will prepare a redlined version of the PDP Manual and a motion for the SCI to consider to be submitted to the Council by Wolf-Ulrich Knoben once it is approved by the SCI.

3.  Resubmitting a Motion: Under review this week by the ISP and NCUC Constituencies.

4.  SCI Charter Revisions: Continue discussions at the next meeting; Julie and Marika provided transcript and background on the development of the original charter.

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