[council] Proposed amendment to OSC & PPSC motion

Neuman, Jeff Jeff.Neuman at neustar.us
Wed Dec 1 03:02:10 UTC 2010

I have been watching the e-mails go by and up and am not technically a member of the Council yet until this weekend when I start as an alternate for Caroline Greer and then after next week I become a permanent council member on behalf of the Registries.   I would like to ask that before the Council considers a motion grouping the PPSC and OSC together that it takes the time this weekend to learn about what these groups are doing.  The OSC and PPSC are in very different positions right now.  As you know, the PPSC is divided into two work teams, the Working Group Work Team and the PDP Work Team.  The Working Group Work Team has delivered its final report and hopefully by the time the Council meets formally next week, the Working Group Work Team will be ready to deliver that report (as modified by the PPSC) to the Council.

With respect to the PDP Work Team, there is a lot more work to go.  The entire PDP process, from beginning ("raising an issue") to end ("Board approval of a PDP, review of the PDP and the PDP process, etc.) is incredibly complex.  The PDP Work Team distributed a 150 page initial report prior to Brussels.  Very few Councilors that I have asked have read that report.   The PDP Work Team has reviewed extensive public comment and is addressing both issues that were left over and other new ones raised.  We have a "draft final report" we are reviewing now, with the goal of getting that out to the community early in 2011.  I cannot stress how hard some of the members of the PDP Work Team are working and how committed they are to completing their task.
With respect to the PPSC, I do not see a need to for the current motions being circulated and am a little concerned that the motions are coming not from the Council Liaisons or even members of the Steering Committees that are on the Council, but rather are coming from those that may not have not been that involved in the process at all.  In fact, with all due respect to the Council Liaisons, the PPSC Council Liaison has not attended a PPSC meeting in months (if at all).  Come to think of it, who is the Council Liaison to the PPSC?
My personal view (and not as Chair of the PPSC or even as a gTLD Registry rep) is that this motion is too premature.  Lets discuss the issues raised at this meeting and worry about a motion (if one is necessary) at the next meeting.

As the chair of the PPSC, I am happy to answer any questions you all have.

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy

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From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of Mary Wong
Sent: Tuesday, November 30, 2010 9:44 PM
To: council at gnso.icann.org
Subject: [council] Proposed amendment to OSC & PPSC motion

Hello everyone,

In view of the additional information supplied by Julie, Liz and Philip, but considering also Wendy's and others' points relating to the workability of the current GNSO processes, I hereby propose the following amendment to Wendy's motion. Fundamentally, I believe it's time, and necessary, for the Council now to assume direct responsibility for reviewing the deliverables from the PPSC and OSC as well as the respective work teams. In this, the Council should be assisted by the Standing Committee that was supposed to have been formed some time ago.

Of course, this would not preclude either the Council or the Standing Committee from consulting the teams and committees that drafted and reviewed the original language and processes; it's just that - with the amount of projects we are facing and the concerns already expressed over both the Council's role and the workability of the new GNSO rules and procedures, the seemingly-endless rounds of discussion, interpretation, delegation, referral and redrafting has to stop somewhere and that should be the Council.

So, here goes - keeping the original WHEREAS clauses, I suggest the following RESOLVED clauses to the OSC and PPSC charter motion. I hope Wendy will consider it friendly.

"RESOLVED, the Council acknowledges and thanks the OSC, the PPSC and the five community work teams for their hard work; and directs each steering committee and applicable work team chair to identify for the Council any remaining targets and benchmarks for their respective work by no later than 19 January 2011, with a view toward final delivery to the Council of any remaining work items so identified by no later than the San Francisco meeting.
FURTHER RESOLVED, a Standing Committee to monitor implementation of GNSO Improvements shall be established no later than 19 January 2011. The Standing Committee will work with the Council to review and, if necessary, convene relevant work teams to refine and streamline, the effectiveness of GNSO Improvements on an ongoing basis."

Thanks and cheers

Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
Two White Street
Concord, NH 03301
Email: mary.wong at law.unh.edu<mailto:mary.wong at law.unh.edu>
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584

As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname at law.unh.edu. For more information on the University of New Hampshire School of Law, please visit law.unh.edu<http://law.unh.edu>
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