[council] RE : [council] Updated draft v 2.1 of GNSO self review

[Niklas_Lagergren at mpaa.org]

Bruce et al -
 
I think the draft self-review report is a very good and useful document
 
Now, following our discussion yesterday, I would like to draw your attention to recommendation 14 of the "Sharry" (external review document) which states that "The Council needs to work with ICANN operational staff to develop a compliance policy with graded penalties". Additionally, ICANN's draft strategic plan includes a sentence (p.32) on ICANN's current plans for "planned escalation of actions, including legal and specific performance remedies, to correct ongoing harm and provide greater flexibility and legitimacy for the compliance function."
 
I would recommend that we add a recommendation of the same kind under point 5) of our self-review document. I suggest the following wording: 
 
To the extent that the lack of intermediate sanctions for non-compliance with contractual obligations presents a significant impediment to compliance activities, the GNSO should, without prejudice to efforts to enforce existing contractual obligations, develop recommendations for a system of graduated or intermediate sanctions for incorporation in revised contracts.  As an initial step, ICANN legal counsel should brief GNSO Council (or a relevant subgroup/task force) on ICANN's current plans to correct ongoing harm and provide greater flexibility and legitimacy for the compliance function.
 
Kind regards -
 
Niklas      
 

	-------- Message d'origine-------- 
	De: Bruce Tonkin [mailto:Bruce.Tonkin at melbourneit.com.au] 
	Date: sam. 11/27/2004 8:46 
	À: council at gnso.icann.org 
	Cc: 
	Objet: [council] Updated draft v 2.1 of GNSO self review
	
	

	Hello All,
	
	Attached is a slightly updated draft for discussion on Tuesday 30 Nov
	2004.
	
	Regards,
	Bruce Tonkin
	

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