[council] Proposed amendment to OSC & PPSC motion

Mary Wong Mary.Wong at law.unh.edu
Thu Dec 2 02:45:57 UTC 2010


Hi Wendy,
 
Yes, my proposal would terminate the PPSC and OSC charters in
Cartagena.
 
I should add that, in relation to Jeff's and others' points about
ongoing work, particularly for the PDP WT, I would be happy to discuss
alternative deliverable dates for specific WTs, in case the San
Francisco meeting is unrealistic for one or more teams. My proposal was
in no way meant to artificially conclude the implementation process, but
merely to streamline Council management of it overall.
 
Thanks and cheers
Mary

 
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584>>> 


From: Wendy Seltzer <wendy at seltzer.com>
To:"Gomes, Chuck" <cgomes at verisign.com>
CC:Mary Wong <Mary.Wong at law.unh.edu>, <council at gnso.icann.org>
Date: 12/1/2010 5:27 PM
Subject: Re: [council] Proposed amendment to OSC & PPSC motion

I'm hoping for further discussion on the list before considering
possibly-friendly amendments.

As I see it, we've heard three options:
* extend the PPSC and OSC charters through San Francisco (Chuck)
* permit the charters to terminate as scheduled (Wendy)
* request concluding reports and create a Standing Committee (Mary)


Mary, would your proposed first RESOLVED still terminate the PPSC and
OSC charters in Cartagena?

I support creating a Standing Committee, and appreciate Jeff's and
others' suggestions on how to make that work effectively. Unless that
would change anyone's pro vote to con, I would take Mary's second
RESOLVED as friendly.

Thanks,
--Wendy

On 12/01/2010 02:43 PM, Gomes, Chuck wrote:
> Thanks Mary.  I also thought of combining the motions but for now
let’s see where the discussion goes.
> 
> Chuck
> 
>  
> 
> From: owner-council at gnso.icann.org
[mailto:owner-council at gnso.icann.org] On Behalf Of Mary Wong
> Sent: Wednesday, December 01, 2010 12:56 PM
> To: council at gnso.icann.org
> Subject: RE: [council] Proposed amendment to OSC & PPSC motion
> 
>  
> 
> Thanks for the comments, Chuck and Tim. Hopefully the following
clarification will help matters:
> 
>  
> 
> (1) I actually borrowed (er, copied :) the first resolve clause from
Chuck's original motion, as I agree it's important to wrap up the
improvements process and we'll need clear and specific indicators of
what remains due and when in order to do so. If it would have been more
appropriate to propose my amendment as an amendment to Chuck's rather
than Wendy's motion, I can perhaps do that (if it's within the rules to
do so).
> 
>  
> 
> (2) The intent was NOT to add an extra layer; rather, it was to
reduce duplication and delay by having the Council take over from where
the OSC and PPSC are now. My reasons for this include (i) the need to
wrap things up as mentioned already; (ii) the risk of further delay if
we keep referring things back to the OSC/PPSC to then pass on to
individual work teams, for funneling back to us; (iii) the resulting
inefficiencies once the Council discovers certain procedures or
recommendations to be unworkable, thus resulting in yet another
go-around; and (iv) the need for the Council to step in and exercise a
true managerial function, which includes substantive review.
> 
>  
> 
> (3) On that last point, there had been consensus around creating a
Standing Committee that would NOT be the equivalent of the OSC and/or
PPSC. The Standing Committee would (i) assist the Council in its review
work; (ii) review at the Council's request existing processes (as it
would not be appropriate for those who drafted the procedures to be
reviewing themselves!); and (iii) if necessary and/or requested by the
Council, convene new drafting/work teams should subsequent drafting or
other work be necessary in the fullness of time.
> 
>  
> 
> As to the question of whether the Council will be less busy and/or
pay more critical attention now than perhaps some of us did before, I
hope so. The incidents we have already raised must mean we need to, and
I believe my amendments will clarify for the community that this is
indeed what we are prepared to do.
> 
> 
> Thanks,
> Mary  
> 
>  
> 
> Mary W S Wong
> 
> Professor of Law
> 
> Chair, Graduate IP Programs
> 
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> Two White Street
> Concord, NH 03301
> USA
> Email: 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
> 
>>>>
> 
> From: 
> 
> "Gomes, Chuck" <cgomes at verisign.com>
> 
> To:
> 
> "Mary Wong" <Mary.Wong at law.unh.edu>, <council at gnso.icann.org>
> 
> Date: 
> 
> 12/1/2010 10:04 AM
> 
> Subject: 
> 
> RE: [council] Proposed amendment to OSC & PPSC motion
> 
> I want to point out that the motion I made to extend the PPSC and OSC
charters was very similar to the first resolve of Mary’s proposed
amendment with regard to timing.  It also only extended the charters to
the San Francisco meeting and that was done consciously by me because I
also believe that we need to wrap up the GNSO improvements work quickly.
 And I personally support directing “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”.
> 
> Recognizing that the RySG has not discussed this yet, I have concerns
about the second resolve because I like Tim believe it will result in
duplication of effort and inefficiency.  We have three layers now; we
would have four then.  Finally, asking the Council to be more directly
involved seems to me something that should already be the case.  The
Council approved the procedures that we are now so concerned about.  The
excuse is that we were all too busy.  Is that going to change in the
next few months?
> 
> Chuck 
> 
> 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 
> 
>  
> 
>  
> 
>  
> 
> Mary W S Wong
> 
> Professor of Law
> 
> Chair, Graduate IP Programs
> 
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> Two White Street
> Concord, NH 03301
> USA
> Email: 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>  
> 
>  
> 
>  
> 
> 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>  
> 


-- 
Wendy Seltzer -- wendy at seltzer.org +1 914-374-0613
Fellow, Princeton Center for Information Technology Policy
Fellow, Berkman Center for Internet & Society at Harvard University
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/
https://www.torproject.org/donate        <<        please donate!
http://www.freedom-to-tinker.com/



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
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