[council] Rec 6 motion: possible amendment

Rosette, Kristina krosette at cov.com
Wed Dec 8 16:44:19 UTC 2010


The IPC can support this motion with your proposed amendment.  Without it, we can't.


From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of Mary Wong
Sent: Monday, December 06, 2010 4:16 PM
To: council at gnso.icann.org
Subject: [council] Rec 6 motion: possible amendment

Hello again,

So as not to overly belabor the point or cause your Inboxes to overflow, would reformulating the motion along the following lines render it acceptable to those who were inclined to vote against it? Basically I added a Whereas clause and rewrote the problematic "endorsed" clause in the Resolved section:

"WHEREAS, on 8 September 2010 the GNSO Council endorsed GNSO participation in a joint working group with other interested Supporting Organizations (SOs) and Advisory Committee (ACs) 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;

WHEREAS, the CWG has since delivered a set of recommendations regarding implementation of the GNSO Council's Recommendation 6 for new gTLDs to the community;

AND WHEREAS, the role of the Council is to manage the cross-community process on behalf of the GNSO community and the Council notes that the CWG's implementation proposals have been produced in accordance with the group's Terms of Reference;

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, the Council recommends that each Stakeholder Group provide feedback as soon as possible to the CWG, in order to resolve outstanding questions regarding implementation of Recommendation 6 in a judicious manner, considering in particular those recommendations that received Full Consensus in the CWG.


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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