[gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

Mon Jan 26 19:16:22 UTC 2015

Many thanks Mary.  I think again that these issues and observations are worth discussing.  Hopefully Stefania can participate in the call for purposes of agreeing on the letter now that we have Avri's comments.   I am also quite interested in active participation in this letter drafting process from Thomas, Wolf-Ulrich and other SCI participants if possible.  We have some very fine minds and highly experienced ICANN participants on SCI.  If they are available, we will have a better final product.

My proposed agenda for the call is as follows:

1.       Roll Call/ Update SOI

2.       Discuss the nature of "periodic review" in the work of SCI.

3.       Review draft of letter as revised.

4.       AOB

5.       Adjourn

Thank you,
Anne

[cid:image001.gif at 01D03961.E59D5A10]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: Mary Wong [mailto:mary.wong at icann.org]
Sent: Friday, January 23, 2015 4:01 PM
To: Greg Shatan; Aikman-Scalese, Anne
Cc: Julie Hedlund; Avri Doria; Thomas Rickert; Wolf-Ulrich Knoben; Lori Schulman; gnso-improvem-impl-sc at icann.org; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

Dear all,

The policy staff supporting the SCI thought it might be helpful to add what we hope are clarifying comments to the ongoing discussion, which relate to three of the four topics highlighted in the draft letter.

- On #1 (Friendly Amendment to Motions), this is actually one of the potential topics for referral that the Council has temporarily put on hold following its last meeting on 15 January; see https://community.icann.org/display/gnsocouncilmeetings/Action+Items. It is therefore a topic already on the Council's radar as a possible topic for referral to the SCI; as such, we wonder if, for this paragraph, rather than recommending action the SCI may wish to request that the Council inform it (perhaps through the liaison) at the point when the Council takes up consideration of the issue again.

- On #3 (Review of WG Consensus Levels), we note from the language of the October 2014 GNSO Council resolution (which passed the three latest SCI recommendations unanimously) that the Council had expressly agreed to consider the SCI's request for a review of the Consensus Levels, and further expressly noted that this exercise may be conducted as part of "a broader exercise in reviewing all the GNSO Operating Procedures": see http://gnso.icann.org/en/council/resolutions#201410 - an exercise which the current draft letter lists as topic #4 (Review of GNSO Operating Procedures).

- In addition, the SCI has previously discussed (and staff had thought the SCI had agreed) that such a broad review should not occur independently of or without reference to the ongoing GNSO Review - at a minimum, we assume this means that any review to be initiated on the GNSO Operating Procedures would not take place till after the type and nature of the final recommendations from the GNSO Review are clearer.

- In light of the above points on #3, #4 and the GNSO Review, we therefore respectfully suggest that #3 be reworded to more accurately reflect the GNSO Council's intent as noted above; #4 refer expressly to the GNSO Review rather than a "periodic review" by the SCI, and perhaps the final paragraph be reworked if these suggestions are adopted.

We thought we ought to offer these suggestions at this time in order to provide further context and background for those SCI members who were not part of the Los Angeles discussion and/or who missed the last SCI call, so that the SCI can decide how it wishes to proceed in respect of the draft letter. In particular, given that we were able only to issue invitations for the next meeting at a time when Europe and Asia would have ended their work week, we hope that these comments are helpful.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong at icann.org<mailto:mary.wong at icann.org>

From: Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Date: Friday, January 23, 2015 at 14:04
To: "Aikman-Scalese, Anne" <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>
Cc: Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, Avri Doria <avri at acm.org<mailto:avri at acm.org>>, Thomas Rickert <rickert at anwaelte.de<mailto:rickert at anwaelte.de>>, Wolf-Ulrich Knoben <wolf-ulrich.knoben at t-online.de<mailto:wolf-ulrich.knoben at t-online.de>>, Lori Schulman <lori.schulman at ascd.org<mailto:lori.schulman at ascd.org>>, "gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>" <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>, Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

We may yet be able to resolve this on the list.  (Perhaps a scheduled meeting will further inspire us to do so.)

In that spirit, I attach a revised version of the letter, which is also available as an editable Google Doc at https://docs.google.com/document/d/1N2_MB5-K8u2SVTdTi2EnAvIuVCzPpFQb7FsM5fP3iQU/edit?usp=sharing

In response to Avri, I note that these 4 items were phrased as "possibilities" for the entire 2015 year, which leaves the question open of where in the year any of these items should be handled  I've added language to clarify that items 3 and 4 should await the results of the GNSO Review.  On point number 2, I've tried to clarify the remaining issue a bit (the language of the actual Operating Procedures remains ambiguous, and the language put into the motion to "fix" the situation is not in the actual Operating Procedures).

If this meets Avri's concerns and the approval of all, we can send this out and give ourselves back an hour of our time.

I look forward to your responses.

Greg

Gregory S. Shatan

Partner | Abelman Frayne & Schwab

666 Third Avenue | New York, NY 10017-5621

Direct  212-885-9253 | Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan at lawabel.com<mailto:gsshatan at lawabel.com>

ICANN-related: gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>

www.lawabel.com<http://www.lawabel.com/>

On Fri, Jan 23, 2015 at 1:33 PM, Aikman-Scalese, Anne <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>> wrote:
Julie,
Although I think everyone preferred to finalize via the list, there was no one expressing disagreement to the proposed changes as Avri has done.  As far as I know, Avri is still the primary and I do not believe that addressing her issues on the list is going to result in meeting the deadline.

PLEASE ISSUE THE INVITATION FOR THE CALL NEXT TUESDAY AS REQUESTED.  I would appreciate your doing this today.

Thank you,
Anne

[cid:image001.gif at 01D03961.E59D5A10]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: Julie Hedlund [mailto:julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>]
Sent: Thursday, January 22, 2015 2:52 PM
To: Aikman-Scalese, Anne; 'Avri Doria'; 'Thomas Rickert'; Wolf-Ulrich Knoben
Cc: Lori Schulman; gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson
Importance: High

Hi Anne,

If I recall correctly I think some people raised concerns on the call that they would not be available next week and also that it was a very busy time for various constituencies as they prepare for Singapore.  I would respectfully suggest that perhaps you could encourage people to provide their thoughts on the list.  In particular, it would be helpful if each primary member could indicate whether he or she supports the letter as is, or if not, suggest changes that would enable them to support it.

Best regards,
Julie

From: <Aikman-Scalese>, Anne <AAikman at lrrlaw.com<mailto:AAikman at lrrlaw.com>>
Date: Thursday, January 22, 2015 4:01 PM
To: 'Avri Doria' <avri at acm.org<mailto:avri at acm.org>>, 'Thomas Rickert' <rickert at anwaelte.de<mailto:rickert at anwaelte.de>>, Wolf-Ulrich Knoben <wolf-ulrich.knoben at t-online.de<mailto:wolf-ulrich.knoben at t-online.de>>
Cc: Lori Schulman <lori.schulman at ascd.org<mailto:lori.schulman at ascd.org>>, Julie Hedlund <julie.hedlund at icann.org<mailto:julie.hedlund at icann.org>>, "gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>" <gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>>, Glen de Saint Géry <Glen at icann.org<mailto:Glen at icann.org>>
Subject: RE: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

Thanks Avri. Shall we schedule a call on January 27 to discuss?  As per the mp3, we did not have any disagreement on these points during the call, but we can certainly set up a call January 27 to discuss.  Sounds like we need to do that.  Will staff please proceed accordingly?
Thank you,
Anne

[cid:image001.gif at 01D03961.E59D5A10]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: Avri Doria [mailto:avri at acm.org]
Sent: Thursday, January 22, 2015 1:11 PM
To: Aikman-Scalese, Anne; 'Thomas Rickert'; Wolf-Ulrich Knoben
Cc: Lori Schulman; Julie Hedlund; gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

Hi,

Belated apologies for missing the meeting.

Was there a consensus call on the four issues that are being included?  I know we have not done one on the list and was wondering if one had been taken during the call.

A council liaison I would like to know that for my report.  I will of course faithfully faithfully any letter the SCI wishes sent.

As a primary member I have doubts on whether I would have participated in a positive consensus on these four items, though I might have allowed them to pass without comment. Specifically on #3, I have been explicit in not supporting a review of consensus levels while the GNSO review was ongoing.  I also do not see the point of #2, as we could have done this before but opted not to.  So while I would understand the council requesting such a comment, I do not understand the SCI asking to redo work it already did and has had accepted. Yes we had a difference of opinion on whether to include resubmitted notions and that may have been a good reason to withhold our recommendation.  But since we went ahead, I do not understand the SCI asking to reopen this issue.

I can not support the letter as it stands.

thanks

avri

I have always been against, number 3, for example until such time as we knew the results of any reorganizational review.
On 22-Jan-15 14:07, Aikman-Scalese, Anne wrote:
Dear all,
Please see attached the revised letter to GNSO Council based on Tuesday's SCI conference call.  If you have any comments, please supply them to the list prior to 1300 UTC Monday,  January 26.

Avri, again, as Council liaison for SCI, we are requesting 15 minutes on the schedule for Working Sessions in Singapore for you to present this letter to Council.  (I am unable to attend and SCI will not be meeting separately there.)

Thank you,
Anne

[mailbox:///C:/Users/Avri/AppData/Roaming/Thunderbird/Profiles/6ebmyl35.default/Mail/Local%20Folders/0-Responsibiities.sbd/SCI?number=16975542&header=quotebody&part=1.1.2&filename=image001.gif]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: Thomas Rickert [mailto:rickert at anwaelte.de]
Sent: Wednesday, January 21, 2015 2:32 AM
To: Wolf-Ulrich Knoben
Cc: Aikman-Scalese, Anne; Lori Schulman; Julie Hedlund; gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>; Glen de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] NCPH Intersessional 2015 Recordings & Transcripts

Same here. Sorry!

Best
Thomas

Am 21.01.2015 um 09:44 schrieb WUKnoben <wolf-ulrich.knoben at t-online.de<mailto:wolf-ulrich.knoben at t-online.de>>:

Sorry all that I missed the call! I came back late after the Frankfurt meeting.

Best regards

Wolf-Ulrich

From: Aikman-Scalese, Anne<mailto:AAikman at lrrlaw.com>
Sent: Tuesday, January 20, 2015 10:16 PM
To: 'Lori Schulman'<mailto:lori.schulman at ascd.org> ; Julie Hedlund<mailto:julie.hedlund at icann.org> ; gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>
Cc: 'Glen de Saint Géry'<mailto:Glen at icann.org>
Subject: [gnso-improvem-impl-sc] RE: NCPH Intersessional 2015 Recordings & Transcripts

Many thanks Lori.  We will revise the draft letter to GNSO Council in accordance with comments received during today's meeting.

Separately, and specifically directed at Avri as Council liaison, staff advised today that certain SCI matters were put "on hold" last week by Council.  (Thanks Mary for this info.)  Staff also advised that it is part of the function of Council liaison to provide SCI with information as to action taken by Council affecting its work.

Amr mentioned that GNSO Council meeting minutes are not available until the next GNSO Council meeting and as such, may not be timely.

Thanks everyone who participated in today's call.  We will be circulating the redraft of the letter soon.  We want to be sure our letter and request for time on the Council's work schedule for Singapore reaches Council in a timely fashion and preferably well before February 1.
Anne

<image002.gif>

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman at LRRLaw.com<mailto:AAikman at LRRLaw.com> | www.LRRLaw.com<http://www.lrrlaw.com/>

From: owner-gnso-improvem-impl-sc at icann.org<mailto:owner-gnso-improvem-impl-sc at icann.org> [mailto:owner-gnso-improvem-impl-sc at icann.org] On Behalf Of Lori Schulman
Sent: Tuesday, January 20, 2015 1:11 PM
To: Julie Hedlund; gnso-improvem-impl-sc at icann.org<mailto:gnso-improvem-impl-sc at icann.org>
Subject: [gnso-improvem-impl-sc] NCPH Intersessional 2015 Recordings & Transcripts

Dear All,

Below is the link for last week's intersessional.   I didn't find the joint letter re GNSO review posted separately.

https://community.icann.org/pages/viewpage.action?pageId=51416553

Lori

Lori S. Schulman · General Counsel
1703 North Beauregard Street
Alexandria, VA  22311-1714
P 703-575-5678<tel:703-575-5678> · Lori.Schulman at ascd.org<mailto:Lori.Schulman at ascd.org>
<image003.jpg>

This e-mail message, including any attachments, is for the sole use of

the person(s) to whom it has been sent, and may contain information that is

confidential or legally protected. If you are not the intended recipient or

have received this message in error, you are not authorized to copy,

distribute, or otherwise use this message or its attachments. Please notify the

sender immediately by return e-mail and permanently delete this message and any

attachments. ASCD makes no guarantee that this e-mail is error or virus free.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

________________________________

This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-improvem-impl-sc/attachments/20150126/f3d6a971/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.gif
Type: image/gif
Size: 3765 bytes
Desc: image001.gif
URL: <http://mm.icann.org/pipermail/gnso-improvem-impl-sc/attachments/20150126/f3d6a971/image001.gif>