[council] Friendly amendment to VI Charter

Gomes, Chuck cgomes at verisign.com
Fri Mar 5 13:11:00 UTC 2010


Caroline,
 
Are you proposing this as an amendment before the motion is voted on?
 
Chuck


________________________________

	From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On Behalf Of Stéphane Van Gelder
	Sent: Friday, March 05, 2010 7:15 AM
	To: Caroline Greer
	Cc: council at gnso.icann.org
	Subject: Re: [council] Friendly amendment to VI Charter
	
	
	Caroline, 

	Thank you for your message. Please note that the DT recognised that the definitions were works in progress. However, within the time we had to produce a charter, it would have been impossible to refine the definitions. This is why the following footnote was included:

	The working definitions included in this charter are subject to further development and refinement by Staff, but are included in the interests of time in order to allow the remainder of the charter to be finalized and approved by the GNSO Council.  

	It was the DT's expectation that the WG would continue to work on the definitions.

	Stéphane   
	
	
	Le 5 mars 2010 à 11:40, Caroline Greer a écrit :


		Dear All,
		
		The Registries Stakeholder Group [RySG] would like to propose a friendly amendment to the Vertical Integration Charter circulated by Stéphane.
		
		For purposes of accuracy and consistency, we believe that Objective #4 should be revised to read: "To identify and clearly articulate the differences between the current restrictions and practices concerning registry-registrar separation and equivalent access, on the one hand, and the options described in the most recent version of the DAG and supporting documents[1] and changes considered by staff, on the other hand."
		
		The words "equivalent access" in yellow would replace the words "equal access" that are in the current version of Objective #4. We understand that the Charter Group has recognized the difference between "equal access" and "equivalent access" in its deliberations and has adopted "equivalent access" in other parts of the Charter.
		
		More generally, the RySG notes that the proposed working definitions in the Charter are neither accurate nor complete and, in certain cases, they represent policy statements.  The RySG underscores the importance of developing standalone definitions for each element of vertical integration.  However, these definitions should be developed by experts in competition and antitrust matters and derived from, where possible, language in ICANN contracts and ICANN documentation that uses the relevant terms.     
		
		Many thanks.
		
		Kind regards,
		
		Caroline.
		
		
		

________________________________

		[1] The working group understands that the DAG is a fluid document.  As a result, the working group will conduct its activities based upon the version of the document available.
		


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