[council] Proposed motion on Rec 6 CWG

William Drake william.drake at graduateinstitute.ch
Sun Dec 5 20:07:11 UTC 2010


I second Mary's motion.



On Wed, Dec 1, 2010 at 4:02 AM, Mary Wong <Mary.Wong at law.unh.edu> wrote:

>  Hello again everyone
> I'd like to propose a motion for the Council's consideration at the 8
> December meeting. This motion relates to the recommendations made recently
> by the cross-community working group (CWG) regarding implementation of the
> Council's Recommendation 6 (which formed the basis for the "morality and
> public order" section of the DAG.)
> You'll recall that the Council supported GNSO participation in the CWG, in
> a resolution passed on 8 September. As you may also recall, the CWG's task
> included making recommendations that would render the MAPO section of the
> DAG acceptable to the broader community, yet still accomplishing the
> implementation of Recommendation 6.
>  I understand that there is concern amongst some Council members that
> continuing a cross-community working group model will in some way diminish
> the GNSO's role in policy development and/or impinge on Consensus Policies.
> This concern is part of a wider discussion that to my mind is not implicated
> by the Rec 6 CWG process or recommendations, in relation to which the much
> more pressing concern is to ensure that the ICANN Board, staff and community
> do NOT interpret the Council's silence and inactivity, following the
> original September motion, as lack of GNSO community support for the CWG's
> recommendations.
> Thus, I propose a motion, as follows:
> WHEREAS, on 8 September 2010 the GNSO Council endorsed GNSO participation
> in a  joint working group with other interested Supporting Organizations
> (SO’s) and Advisory Committee (AC’s) to provide guidance to the ICANN new
> gTLD Implementation Team and the ICANN Board in relation to the
> implementation of the Council's Recommendation 6 regarding strings that
> contravene generally-accepted legal norms relating to morality and public
> order that are recognized under international principles of law;
> WHEREAS, the Recommendation 6 cross-community working group (CWG)
> was established in accordance with the Terms of Reference also approved by
> the GNSO Council on 8 September 2010;
> AND WHEREAS, the CWG has since delivered a set of recommendations regarding
> implementation of the GNSO Council's Recommendation 6 for new gTLDs to the
> ICANN Board and community;
> RESOLVED, the Council thanks the CWG and its participants, from the GNSO
> and other SOs and the ACs, for their hard work; and acknowledges that the
> CWG recommendations do not constitute Consensus Policy or GNSO policy
> development otherwise within the purview of the GNSO;
> RESOLVED FURTHER, that the Council hereby endorses the CWG recommendations
> as representing. as far as possible, consensus among the various
> stakeholders in the ICANN community on effective mechanisms for the
> implementation of Recommendation 6.
> Thanks and cheers
> Mary
> *Mary W S Wong*
> *Professor of Law*
> *Chair, Graduate IP Programs*
> 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*

William J. Drake
Senior Associate
Centre for International Governance
Graduate Institute for International and
  Development Studies
  Geneva, Switzerland
william.drake at graduateinstitute.ch
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