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

Alan Greenberg alan.greenberg at mcgill.ca
Tue May 17 17:15:53 UTC 2011

During my tenure on the ALAC, we generally voted 
on issues such as formal ALAC statements, 
approval of the creation of WGs or charters. And 
of course all issues that clearly required 
"formal" action under our rules or ICANN Bylaws - 
elections, changes to our rules of procedure, approval of ALSs and such.

For more operational issues, we tend to work by 
consensus and only revert to a formal vote if 
there is an objection raised. In our earlier 
days, there was some mistrust of the Executive 
Committee, but that is generally not an issue now 
and the ALAC will often delegate operational issues to the ExCom.

I would have to go back and check transcripts to 
be sure, but my recollection is that the decision 
on the detail of how to handle the JAS report was 
delegated to the ExCom, as the timing was far too 
tight to convene an ALAC meeting or schedule a 
formal vote. And to be candid, we did not imagine 
that it would end up being controversial. There 
certainly was discussion and agreement on the 
need to get the report to the Board in time to 
meet their publication deadline for their 
retreat, recognizing that there would still be 
time for us to submit a brief statement prior to 
their actually discussing it (still a wild guess 
if they will nor not, since no agenda has yet been published).


At 17/05/2011 12:42 PM, Adrian Kinderis wrote:
>Thanks for that.
>Quick question; does the ALAC vote on this sort 
>of stuff or just “decide and go”?
>Adrian Kinderis
>From: owner-council at gnso.icann.org 
>[mailto:owner-council at gnso.icann.org] On Behalf Of Alan Greenberg
>Sent: Tuesday, 17 May 2011 7:54 AM
>To: GNSO Council
>Subject: Re: [council] Re: Statement of the ALAC 
>on the Joint Applicant Support Second Milestone Report
>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: 
><http://ssrn.com/author=437584>http://ssrn.com/author=437584 >>>
>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 s Documentâ€Â); 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 7–133 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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