[council] Re: Statement of the ALAC on the Joint Applicant Support Second Milestone Report

Alan Greenberg alan.greenberg at mcgill.ca
Tue May 17 14:53:43 UTC 2011

I will try to address Jeff's questions, but will 
in parallel pass my answers by the ALAC to ensure 
that I am not putting words into their collective mouths.

First, I read Mary's "the chartering process" to 
mean "the process laid out in their charter(s)".

On why At-Large staff forwarded the report to the 
Board, this was done at the request of the ALAC 
through its Chair and Executive Committee and was 
not an independent action of staff..

Regarding the appropriateness of one of the 
chartering organizations sending the report to 
the Board, the GNSO charter had the following 
sentence which the ALAC copied verbatim: "4. All 
communication to the ICANN Board regarding the 
work of this Working Group shall be through the 
respective SO/AC unless expressly approved by the 
respective SO/AC." There is nothing there that I 
construe to meaning that the chartering organizations must work in tandem.


At 17/05/2011 09:02 AM, Neuman, Jeff wrote:
>I also would like to see the statement about the 
>"scrupulous observance of the chartering 
>process" removed. We still need to find out why 
>the at-large icann staff sent the report to the 
>board on May 9th as is indicated in Olivier's 
>note. I am also not convinced that one 
>organization sending the report to the board 
>without the approval of the other organization 
>is in line with the chartering process, but we can discuss that further.
>Jeffrey J. Neuman, Esq.
>Vice President, Law & Policy
>NeuStar, Inc.
>Jeff.Neuman at neustar.biz
>From: tim at godaddy.com [mailto:tim at godaddy.com]
>Sent: Tuesday, May 17, 2011 08:12 AM
>To: Stéphane Van Gelder 
><stephane.vangelder at indom.com>; 
>owner-council at gnso.icann.org 
><owner-council at gnso.icann.org>; Council GNSO <council at gnso.icann.org>
>Subject: Re: [council] Re: Statement of the ALAC 
>on the Joint Applicant Support Second Milestone Report
>No objection if you remove the last sentence. 
>There is no chartering process for CWGs. The 
>ALAC and GNSO could not even agree on what the 
>charter should be. And at least a few of us have 
>concerns about how and why CWGs are being formed.Tim
>From: Stéphane Van Gelder <stephane.vangelder at indom.com>
>Sender: owner-council at gnso.icann.org
>Date: Tue, 17 May 2011 10:45:21 +0200
>To: Council GNSO<council at gnso.icann.org>
>Subject: Re: [council] Re: Statement of the ALAC 
>on the Joint Applicant Support Second Milestone Report
>Please find below the NCSG's suggestion on a 
>message which I could send to the Chairman of 
>the Board in my capacity as Chair of the GNSO.
>Thanks Mary for providing this draft.
>Please let me have your comments.
>Le 14 mai 2011 Ã  16:31, 
><<mailto:Mary.Wong at law.unh.edu>Mary.Wong at law.unh.edu> 
><<mailto:Mary.Wong at law.unh.edu>Mary.Wong at law.unh.edu> a écrit :
>>Hi - sorry for the delay in getting back to you 
>>on the Council letter; there has been some 
>>lively discussion among some NCSG folks about it.
>>We suggest the following draft:
>>Dear Peter,
>>We understand that ALAC has forwarded to the 
>>Board the Joint SO/AC New gTLD Applicant 
>>Support Working Group (JAS WG)'s Second 
>>Milestone Report. As the other chartering 
>>organization of the JAS WG, the GNSO Council 
>>notes that it has not yet approved the Report. 
>>We acknowledge the Board's desire to move 
>>forward with new gTLDs, including issues 
>>relating to applicant support, and hope to 
>>provide the Board with our advice and recommendations as soon as possible.
>>The GNSO Council would also like to inform the 
>>Board that it appreciates the JAS WG's 
>>scrupulous observance of the chartering 
>>process, in submitting its Report 
>>simultaneously to ALAC and the GNSO for review.
>>I would be grateful if you could convey the 
>>GNSO Council's message to the Board.
>>Best regards,
>>Stephane van Gelder
>>Mary W S Wong
>>Professor of Law
>>Chair, Graduate IP Programs
>>Director, Franklin Pierce Center for IP
>>White Street Concord, NH 03301 USA Email: 
>><mailto:mary.wong at law.unh.edu>mary.wong at law.unh.edu 
>>Phone: 1-603-513-5143 Webpage: 
>>Selected writings available on the Social 
>>Science Research Network (SSRN) at: 
>>From: Stéphane Van 
>>Gelder<<mailto:stephane.vangelder at indom.com>stephane.vangelder at indom.com>
>>To: Olivier MJ Crepin-Leblond 
>><<mailto:ocl at gih.com>ocl at gih.com>, Council GNSO 
>><<mailto:council at gnso.icann.org>council at gnso.icann.org>
>>Date: 5/14/2011 5:18 AM
>>Subject: [council] Re: Statement of the ALAC on 
>>the Joint Applicant Support Second Milestone Report
>>Thanks Olivier.
>>GNSO Council, FYI.
>>A good weekend to all.
>>Le 14 mai 2011 à 11:03, Olivier MJ Crepin-Leblond a écrit :
>>>Dear Stéphane,
>>>please find enclosed, a copy of our follow-up 
>>>message to the Board including ALAC comments.
>>>Please don't hesitate to get in touch if you 
>>>have any query about its contents.
>>>Have a good week-end!
>>>Kind regards,
>>>-------- Message original --------
>>>Sujet: Statement of the ALAC on the Joint 
>>>Applicant Support Second Milestone Report
>>>Date : Fri, 13 May 2011 20:26:34 -0700
>>>De : ICANN At-Large Staff 
>>><mailto:staff at atlarge.icann.org><staff at atlarge.icann.org>
>>>Pour : Secretary <mailto:secretary at icann.org><secretary at icann.org>
>>>Copie à : <mailto:ocl at gih.com>ocl at gih.com 
>>><mailto:ocl at gih.com><ocl at gih.com>, 
>>><mailto:carlton.samuels at gmail.com>carlton.samuels at gmail.com 
>>><mailto:carlton.samuels at gmail.com><carlton.samuels at gmail.com>, 
>>><mailto:rafik.dammak at gmail.com>rafik.dammak at gmail.com 
>>><mailto:rafik.dammak at gmail.com><rafik.dammak at gmail.com>, 
>>>ICANN At-Large Staff<mailto:staff at atlarge.icann.org><staff at atlarge.icann.org>
>>>Dear all,
>>>The At-Large staff has the honor of 
>>>transmitting to you, on behalf of the At-Large Advisory Committee (ALAC):
>>>    * The Second Milestone Report of the Joint 
>>> SO/AC New gTLD Applicant Support Working 
>>> Group ( JAS WG), with a revised ALAC 
>>> introduction (entitled “Status of this Document”); and
>>>    * The Statement of the ALAC on the Joint 
>>> Applicant Support Second Milestone Report.
>>>We request that these documents (attached 
>>>here) be forwarded to the members of the ICANN Board.
>>>The Second Milestone Report was received by 
>>>the ALAC and the Generic Names Supporting 
>>>Organization (GNSO) on 7 May 2011.  Then, the 
>>>At-Large staff, on behalf of the ALAC, 
>>>initially forwarded this Report to the Board 
>>>on 9 May 2011.  Please note that the Report 
>>>itself has not been substantively changed 
>>>since the Board initially received it on 9 May.
>>>During the period 7–13 May, comments on the 
>>>Report were collected from the At-Large 
>>>Community.  These comments are the basis for 
>>>the Statement of the ALAC on the Joint 
>>>Applicant Support Second Milestone Report attached here.
>>>The ALAC ratification process for the Second 
>>>Milestone Report and the ALAC Statement will 
>>>begin on 14 May, and the results will be forwarded to the Board.
>>>Please note that GNSO approval of this 
>>>document is being conducted independently and 
>>>has not reached the approval stage.
>>>Heidi Ullrich, Seth Greene, Matt Ashtiani, 
>>>Gisella Gruber-White, and Marilyn Vernon
>>>ICANN At-Large Staff
>>>email: staff[at]atlarge.icann.org
>>>website: <http://www.atlarge.icann.org/>www.atlarge.icann.org
>>>ALAC Statement on the Joint Applicant Support Second Milestone Report - EN.pdf>
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