[council] RE:Board action on recommendation 6

Gomes, Chuck cgomes at verisign.com
Fri Oct 8 13:52:47 UTC 2010

I am one of those who did not interpret the resolution as dismissing or
disagreeing with the Rec6 CWG recommendations and I communicated that on
the Rec6 CWG list.  The key factor is whether Staff and ultimately the
Board determines whether any of the recommendations are inconsistent
with the existing (I assume AGv4) process.  I personally do not think
that any of them are inconsistent but I am not the one who will make
that decision.


> -----Original Message-----
> From: owner-council at gnso.icann.org [mailto:owner-
> council at gnso.icann.org] On Behalf Of Bruce Tonkin
> Sent: Friday, October 08, 2010 1:17 AM
> To: Council GNSO
> Subject: [council] RE:Board action on recommendation 6
> Hello All,
> Reading the various discussions on the Council list, it appears that
> the
> GNSO believes that the Board dismissed or disagreed with the work from
> the working group on recommendation 6.
> The Board resolution stated;
> "The Board acknowledges receipt of the Rec6CWG report. This is a
> difficult issue, and the work of the community in developing these
> recommendations is appreciated. The Board has discussed this important
> issue for the past three years.
> The Board agrees that ultimate responsibility for the new gTLD program
> rests with the Board. The Board, however, wishes to rely on the
> determinations of experts regarding these issues.
> The Board will accept the Rec6 CWG recommendations that are not
> inconsistent with the existing process, as this can be achieved before
> the opening of the first gTLD application round, and will work to
> resolve any inconsistencies. Staff will consult with the Board for
> further guidance as required."
> I interpreted that as saying that the Board broadly agreed with the
> direction of most of the recommendations from the working group.  The
> outcomes of which will be seen in the next draft of the guidebook.
> no longer using the term MAPO.
> The only clear disagreement was using the Board of 21 people to
> directly
> try to interpret international law and act as some form of dispute
> panel
> on matters relating to recommendation 6.  Most of the Board, including
> me, has no such legal training that would be needed to do that.  The
> Board is not the supreme court.    Instead we prefer to use a panel of
> experts (e.g judges) that are familiar with international law to reach
> a
> judgement.  Ultimately the Board can over-rule that judgement as a
> resort (and there are various mechanisms of appeal available for this
> such as reconsideration requests, IRP panels etc).
> Anyway I would be interested to hear how the GNSO has interpreted the
> Board resolution so that misunderstandings can be cleared up.
> In terms of any special papers - from my recollection we only had the
> GNSO paper to read.  So you already have the document that we relied
> on.
> Regards,
> Bruce Tonkin

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