[council] Proposed Motion for draft Final Report on Whois and Voting in LA

[Ross Rader]

Avri -

I'd like to formally object to this motion as being out of order on the 
grounds that it is fundamentally inconsistent with the formal Policy 
Development Process which stipulates that the GNSO Council must file a 
Board Report pursuant to the receipt of a Final Report.

We have allowed for tremendous flexibility in pursuing this work thus 
far - timelines have been stretched to the point of breaking, work 
processes have been bent to include the input of a very broad range of 
stakeholders and so on. Council must now close off this chapter in a 
manner consistent with the ICANN bylaws - which means voting on the 
reports and filing a Council Report to the Board.

If further study is desirable, the work should be pursued outside of the 
PDP. I would not object to the study component of this motion being 
pursued as a separate agenda item, but it cannot interfere with our 
bylaw requirements to vote on this issue and move forward.

Rosette, Kristina wrote:
> All,
> 
> Set forth below is a proposed motion for inclusion in the draft Final
> Report and, if seconded, to be voted upon during the LA meeting.  
> 
> Kristina 
> 
> -*-
> 
> WHEREAS:
> 1. The GNSO Council hereby accepts the Working Group report and
> acknowledges the tremendous effort by Working Group participants and
> ICANN staff. 
> 2. The GNSO Council does not consider the Working Group report as an
> adequate basis for any implementation of the Operational Point of
> Contact (OPOC) proposal, due to the inability to reach agreement on a
> number of key issues identified in the charter of the Working Group. 
> 3. The GNSO Council notes that no comprehensive, objective study has yet
> been made of key factual issues regarding the Whois system, and that
> future ICANN policymaking could greatly benefit from the results of such
> a study.
> THEREFORE BE IT RESOLVED: 
> 1. The GNSO Council thanks all of the volunteers, consultants, staff and
> others who have participated in the GNSO's examination of Whois policy
> over the last four years.
> 2. Building on the work done in response to paragraph (c) of the GNSO
> Council Resolution #3 of September 6, 2007, the Council requests that
> ICANN staff take the necessary steps to proceed with a comprehensive,
> objective study on the issues identified by the Whois Working Group, by
> the Governmental Advisory Committee in its statement of principles on
> Whois, and by the Council. These issues include the characteristics of
> gTLD registrants, the uses and abuses of Whois data, and a review and
> analysis of the different proxy services available today. Specifically,
> the Council directs the staff to present for its review a draft Request
> for Proposals for such a study, including a proposed budget and
> timeline, and a methodology for outreach to knowledgeable parties,
> within 90 days from the date of adoption of this resolution. 
> 3. The GNSO Council will take the results of this study, once completed,
> into account in deciding on the next steps in Whois policy development. 
> 
> 
> 


-- 
Regards,

Ross Rader
Director, Retail Services
Tucows Inc.

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