[CCWG-ACCT] Summary of proposals discussed last night in context of Rec. #11

Dr Eberhard W Lisse el at lisse.NA
Wed Feb 3 08:31:44 UTC 2016


Dear Co-Chairs,

due to the formatting it is extremely difficult to read, but when I
look it up I find

http://idioms.thefreedictionary.com/know+where+one+is+coming+from

stating: "to understand someone's motivation; to understand and relate
to someone's position"

so this is hardly offensive, in fact quite the opposite.


I am not so much concerned as to who's name is attached to the 60% (or
any) proposal and as we are supposed to be consensus driven it is not,
as someone else has written already not a motion in the sense of a
deliberative organization to be debated, voted and passed, rejected or
withdrawn.

If it is good we can take it up no matter who said it first.

The Burr/Hutty language does not amend (change) the 60% proposal, it
accompanies it.



el


On 2016-02-03 10:13, Kavouss Arasteh wrote:
> 
> *1. REPLY TO MIKE*
> Dear Mr. Chartier
> ( you called me Mr. Arasteh then I have to do and apply the same rule
> calling you Mr. Chartier9
> Thanky you for your message
> 
> You said at the begining of your message the following
> 
> *Quote*
> 
> /"Dear Mr. Arasteh,____/
> /I understand where you are coming from."/
> Unquote
> Unfortunately this is not a friendly question and perhaps offensive
> ,if not insultation
> I never ever asked and even know where are you come from.This is not
> my business not business of CCWG .
> I FULLY RESPECT EVERY AND ALL NATIONS AND SIMILARLY EVERY
> DISTINGUISHED COLLEAGUES NO MATTER WHERE THEY COME FROM, AND WHAT
> AFFILIATION THEY HAVE .  The purpose of the CCWG is not raising the
> question of or statement relating to nationaly , race, colour,
> religeion, conviction ,political adherance and so on.
> We are just a group of freinds ,colleagues ,getting together and
> collaborating with each other to contribute to the ICANN
> accountability.  Therefore, I consider, your question was not only
> hostile, offensive but totally irrelevant and I therefore
> respectfully request you to kindly refrain to make such an
> unfriendly and non ethical statement I think every one of us must
> respect each other and evenif disagree with one other observe mutual
> respect and spirit of ICANN code of conduct .
> 
> As for the substance of your views on the alternatives 7 options , I
> fully respect your views as I respects views of others.
> I think every one of us must
> 
> *_2. Reply to Grec_*
> *_Thank you  for your message_*
> *_You said the following:_*
> *_Quote:_*
> 
> *"Furthermore, I would note that the proposal, although originally made
> by Kavouss in a long and multi-branched email string, received _no
> attention_ until I placed it in an entirely new email and brought it to
> the specific attention of the CCWG.  It was my email that initiated
> discussion of the 60% proposal.  Therefore, I think it should more
> appropriately be called my proposal in any event.  _I graciously allowed
> it to be called "Kavouss's proposal"; _however, based on the facts, that
> is clearly a misnomer, since the work of the group is based on my
> email.  I would therefore request that the 60% proposal henceforth be
> called "Greg's Proposal."*
> *Unquote*
> *Dear Grec*
> *What you have stated does not reflect the reality.Befroe I started  my
> e-mails ,painted by you as **multi-branched email string, I raised the
> issue in a CCWG CALL..havind said that , in my view , it does not matter
> who proposed the option, I am just interested in the proposal and not
> the author of the proposal.*
> *Thank you for your generosity to allow that the proposal be called my
> proposal ,But I have withdrawn my proposal therefroe your gracious
> action and generosity is no longer relevant as I HAVE NO PROPOSAL.*
> *FR ME DOESN^T MATTER IF TAKEN UP BY SOMEBODY LIKE YOU AND  BECALLED
> "GREC PROPOSAL"*
> Having said that, I respectfully  request you to kindly refrain to make
> such an unfriendly and non ethical statement
> I think every one of us must respect each other and evenif disagree with
> one other observe mutual respect and spirit of ICANN code of conduct .
> Now let us back to work
> Regards
> Kavouss
> *  *
> 
> 
> 
> 
> 2016-02-03 7:03 GMT+01:00 Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>>:
> 
>     Kavouss
> 
>     Thank you for using a blank line between paragraphs in your latest
>     email.
> 
>     I didn't want to say anything before about this, because I didn't
>     want to seem rude or pedantic; nonetheless it really does make your
>     emails much easier to read.
> 
>     I'd appreciate it if you continue!
> 
>     Thanks again
> 
> 
>     On 02/02/16 23:20, Kavouss Arasteh wrote:
> 
>         Dear CCWG members and participants
> 
>         Dear GAC Members
> 
>         At CCWG call 81 ,in discussing REC.11 Annex 11 there was two
>         alternatives for rejection of GAC Advice by the Board
> 
>          1.
> 
>             2/3 Majority
> 
>          2.
> 
>             Simple MAJORITY
> 
>         Since there was a lengthy discussion, I proposed a compromise of 60%
>         instead of THRESHOLD IN 1) and 2) above WITHOUT TOUCHING ANY
>         ELEMENT OF
>         rec.1 which was accepted by consensus
> 
>         Someone talked about a creative action and proposed to retain 2/3
>         Majority in Rec.11 .Annex 11 but modify REC 1 by adding a phrase at
>         paragraph 23 of that Rec , if I am not mistaken.
> 
>         That proposal was made by Beckie .
> 
>         These two proposal were on the table without being mutually
>         inclusive
> 
>         Today I observed that people not only wants to Modify Rec 1 ;
>         disabling
>         GAC to exercise its community power not to be counted as one of
>         the TWO
>         SO/AC IN CASE other part of comity invoke IRP in regard with ICANN
>         action relating to GAC Advice alleged to exceed ICANN Mission while
>         maintaining 2/3 majority in Rec 11 BUT ALSO LOWERING THAT
>         THRESHOLD TO 60%
> 
>         This combination is inconsistent with my proposal
> 
>         Moreover such course of action has not formally been approved,
>         even if
>         unilaterally suggested by some people at the meeting and thus such
>         amended proposal was not formally given to Beckie Group to discuss .
> 
>         Since the proponent of amended BECKIE PROPOSAL insisting on his
>         views,
> 
>         *_I have formally withdrawn my initial 60% threshold proposal_*and
>         stated that _apart from Beckie initial proposal_, *no other
>         alternative
>         proposal could discussed at Beckie’s group without the approval
>         of CCWG*
> 
>         Regards
> 
>         Kavouss .
> 
> 
>         2016-02-02 23:58 GMT+01:00 Kavouss Arasteh
>         <kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>
>         <mailto:kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>>>:
> 
>             PAUL
>             There is no evidence that such decision was made by consensus
>             People might have said many thing
>             You can not just referring to unilateral statement in
>         transcsript
>             and take it as a consensus proposal
>             Pls transcript is transcrip those people who have spoken must
>             understand that there is no valuse on unilateral decision
>         .We are
>             member of a group any  decision for study must be AGREED BY
>         EVERY BODY
>             Regards
> 
> 
>             2016-02-02 23:54 GMT+01:00 Paul Rosenzweig
>             <paul.rosenzweig at redbranchconsulting.com
>         <mailto:paul.rosenzweig at redbranchconsulting.com>
>             <mailto:paul.rosenzweig at redbranchconsulting.com
>         <mailto:paul.rosenzweig at redbranchconsulting.com>>>:
> 
>                 Kavouss
> 
>                 You are wrong.  I read the transcript.
> 
>                 Sorry
>                 Paul
> 
>                 --
>                 Paul Rosenzweig
>                 Sent from myMail app for Android
> 
>                 Tuesday, 02 February 2016, 05:53PM -05:00 from Kavouss
>         Arasteh
>                 <kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>
>         <mailto:kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>>>:
> 
> 
>                     Dear Paul
> 
>                     I am very sorry to tell you that:
> 
>                     Our mandate is limited to discuss the initial Becky’s
>                     proposal and mine only
> 
>                     Since I withdrew mine, if you want to make a new
>         proposal
>                     that must be submitted to the next meeting of CCWG on 09
>                     Feb. 2016
> 
>                     This group is not a test LAB for multiple number on
>         proposal
>                     otherwise we will not end our work till 2017.
> 
>                     You can offer your proposal to the next CCWG MEETING
> 
>                     If agreed by consensus it will be discussed
> 
>                     Best Regards
> 
> 
>                     2016-02-02 23:46 GMT+01:00 Paul Rosenzweig
>                     <paul.rosenzweig at redbranchconsulting.com
>         <mailto:paul.rosenzweig at redbranchconsulting.com>
>                    
>         <https://e-aj.my.com/compose/?mailto=mailto%3apaul.rosenzweig@redbranchconsulting.com>>:
> 
>                         That's ok.  If process requires I will advance the
>                         Aratesh/Burr proposal under my own name.  😊
> 
>                         --
>                         Paul Rosenzweig
>                         Sent from myMail app for Android
> 
>                         Tuesday, 02 February 2016, 05:42PM -05:00 from
>         Kavouss
>                         Arasteh <kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>
>                        
>         <https://e-aj.my.com/compose/?mailto=mailto%3akavouss.arasteh@gmail.com>>:
> 
> 
>                             Dear Becky
>                             Pls take out my proposal from the Table
>                             I formally withdraw  MY PROPOSAL
>                             Tks Kavouss
> 
>                             2016-02-02 23:34 GMT+01:00 Kavouss Arasteh
>                             <kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>
>                            
>         <https://e-aj.my.com/compose/?mailto=mailto%3akavouss.arasteh@gmail.com>>:
> 
> 
>                                 Becky
>                                 Your proposal did not have such statement
>                                 Your proposal was clearly mentioned
>         retaining
>                                 2/3 and modifying Rec1 to have an overall
>                                 acceptance.
>                                 This will cause considerable poblem and
>         create
>                                 serious of open-ended argument
>                                 My question to you was to clarify that your
>                                 question did not refer toeither 60% or
>         simple
>                                 majority . Let us go back to the
>         discussions on
>                                 call 81 There was two alternative
>         mentioned by
>                                 Steve ,
>                                 - 2/3
>                                 SIMPLE MAJORITY
>                                 I proposed a middfle ground 60%
>                                 You then proposed that
>                                 1.MOD. Rec 1  in disabling GAC  not to
>                                 participate in ommunity empowering
>         exercise when
>                                 IRP is invoked by community for Board's
>         actions
>                                 exceeding its Mission and
>                                 2. Retain 2/3 as contained in Rec 11
>         Annex 11
>                                 YOU NOW CHANGING YOUR PROPOSAL
>                                 IT IS NOT ADMITTED. We agreed to work on
>         your
>                                 initial proposal and mine
>                                 Now you implictly changing your proposal
>                                 Disagree TO THAT course of action
>                                 I case you insist I WILL IMMEDIATELY
>         WITHDRAW MY
>                                 PROPOSAL AND THEN WE GO BACK TO ccwg and
>                                 rediscuss REC 11
>                                 Please kindly clarify your position
>                                 Once again if there would be any link
>         between
>                                 your proposal and 60% Please remove my
>         proposal
>                                 from the Table and go ahead with your own
>                                 proposal only
>                                 I also disagree with any new proposal
>         .We can
>                                 not discuss for days and day for receiving
>                                 creative proposal
>                                 Let us be realistic rather than creative.
>                                 Best Regards
>                                 Kavouss
> 
>                                 2016-02-02 23:24 GMT+01:00 Kavouss Arasteh
>                                 <kavouss.arasteh at gmail.com
>         <mailto:kavouss.arasteh at gmail.com>
>                                
>         <https://e-aj.my.com/compose/?mailto=mailto%3akavouss.arasteh@gmail.com>>:
> 
> 
>                                     Becky
>                                     Your proposal did not have such
>         statement
>                                     Your proposal was clearly mentioned
>                                     retaining 2/3 and modifying Rec1 to
>         have an
>                                     overall acceptance.
>                                     This will cause considerable poblem and
>                                     create serious of open-ended argument
>                                     My question to you was to clarify
>         that your
>                                     question did not refer toeither 60% or
>                                     simple majority . Let us go back to the
>                                     discussions on call 81 There was two
>                                     alternative mentioned by Steve ,
>                                     - 2/3
>                                     SIMPLE MAJORITY
>                                     I proposed a middfle ground 60%
>                                     You then proposed that
>                                     1.MOD. Rec 1  in disabling GAC  not to
>                                     participate in ommunity empowering
>         exercise
>                                     when IRP is invoked by community for
>         Board's
>                                     actions exceeding its Mission and
>                                     2. Retain 2/3 as contained in Rec 11
>         Annex 11
>                                     YOU NOW CHANGING YOUR PROPOSAL
>                                     iT IS NOT ADMITTED. We agreed to work on
>                                     your initial proposal and mine
>                                     Now you implictly changing your proposal
>                                     Disagreed
>                                     Regards
>                                     Kavouss
> 
> 
> 
>                                     2016-02-02 23:10 GMT+01:00 Burr, Becky
>                                     <Becky.Burr at neustar.biz
>         <mailto:Becky.Burr at neustar.biz>
>                                    
>         <https://e-aj.my.com/compose/?mailto=mailto%3aBecky.Burr@neustar.biz>>:
> 
>                                         UPDATED:
> 
>                                         I have attempted to set out the
>                                         proposals discussed last night. ____
> 
>                                         ___ ___
> 
>                                         _Aresteh Proposal_:____
> 
>                                         Modify Rec. #11/ Annex 11 to provide
>                                         that GAC Advice supported by
>         consensus,
>                                         defined as general agreement in the
>                                         absence of a formal objection,
>         may be
>                                         rejected only by a vote of at least
>                                         *60%* of the Board.  All other
>                                         requirements (e.g., rationale to be
>                                         provided, etc.) unchanged. This
>         proposal
>                                         is strictly limited to
>         Recommendation 11
>                                         Annex 11 without any change to
>                                         Recommendation 1 as it stands on 02
>                                         February 2016.____
> 
>                                         _Hutty Gloss on 60% Threshold_:  Add
>                                         language to ensure that
>         supermajority
>                                         requirement creates no new
>         expectation
>                                         of approval or otherwise modify the
>                                         Board’s standard of review of GAC
>                                         Advice. ____
> 
>                                         _Burr Proposal_:____
> 
>                                         ·Modify Rec #1/Annex 1:  Add the
>                                         following to the end of
>         Paragraph 23. ____
> 
>                                         /The GAC may not, however,
>         participate
>                                         as a decision maker in the Empowered
>                                         Community’s consideration of the
>                                         exercise a community power for the
>                                         purpose of challenging or
>         blocking the
>                                         Board’s implementation of GAC
>         Advice. In
>                                         such cases, the GAC remains free to
>                                         participate in community
>         deliberations
>                                         in an advisory capacity, but its
>         views
>                                         will not count towards or against
>                                         otherwise agreed thresholds
>         needed to
>                                         initiate a conference call,
>         convene a
>                                         Community Forum, or exercise a
>         specific
>                                         Community Power.  This carve out
>                                         preserves the ICANN Board’s unique
>                                         obligation to work with the GAC
>         try to
>                                         find a mutually acceptable
>         solution to
>                                         implementation of GAC Advice
>         supported
>                                         by consensus (as defined in Rec.
>         #11)
>                                         while protecting the community’s
>         power
>                                         to challenge such Board
>         decisions.____/
> 
>                                         //
> 
>                                         ·Modify the Table in Rec.
>         #2/Annex 2 to
>                                         reflect this carve out and add the
>                                         following language to cover
>         situations
>                                         that would otherwise require the
>         support
>                                         of four SOs or ACs:/____/
> 
>                                         /The CCWG-Accountability also
>         recommends
>                                         that in a situation where the
>         GAC may
>                                         not participate as a Decisional AC
>                                         because the community power is
>         proposed
>                                         to be used to challenge the Board’s
>                                         implementation of GAC Advice and the
>                                         threshold is set at four in
>         support, the
>                                         power will still be validly
>         exercised if
>                                         three are in support and no more
>         than
>                                         one objects. ____/
> 
> 
>                                         Kavouss has asked whether my
>         proposal is
>                                         paired to a 66% threshold, 60%
>         threshold
>                                         or simple majority for rejecting GAC
>                                         Advice.  It is not inconsistent
>         with any
>                                         of those outcomes.
> 
>                                         *J. Beckwith Burr****
>                                         **Neustar, Inc.***/**Deputy General
>                                         Counsel & Chief Privacy Officer
>                                         1775 Pennsylvania Avenue NW,
>         Washington
>                                         D.C. 20006
>                                         *Office:***+1.202.533.2932
>         <tel:%2B1.202.533.2932>
>                                         *Mobile:***+1.202.352.6367
>         <tel:%2B1.202.352.6367>
>                                         */**neustar.biz
>         <http://neustar.biz>*
>                                         <http://www.neustar.biz>____
> 
> 
> 
> 
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-- 
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/


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