[council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report

Wed Sep 28 17:44:29 UTC 2011

All,

I second this motion.

Debbie

Debra Y. Hughes l Senior Counsel 
American Red Cross 

Office of the General Counsel  
2025 E Street, NW 
Washington, D.C. 20006 
Phone: (202) 303-5356 
Fax: (202) 303-0143 
HughesDeb at usa.redcross.org <mailto:HughesDeb at usa.redcross.org>  

________________________________

From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org]
On Behalf Of Rosette, Kristina
Sent: Wednesday, September 28, 2011 1:14 PM
To: 'council at gnso.icann.org'
Subject: [council] Motion to Approve Amended Version of Process B in
Final Report on Proposals for Improvements to RAA with regard to High
and Medium Priority Topics described in the Final Report

All,

I hereby submit for action at our October 6 meeting a motion to approve
an amended version of the process specified as Process B in the Final
Report on Proposals for Improvements to the Registrar Accreditation
Agreement ("Final Report") to develop a new form of RAA with respect to
the High and Medium Priority topics described in the Final Report.  For
convenience, I attach the motion in document form and provide a redline
against a previous version of this motion that did not pass in our April
7 meeting.

-*-

Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009
Registrar Accreditation Agreement (RAA) developed as a result of a
lengthy consultative process initiated by ICANN;

Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO
Council convened a joint drafting team with members of the At-Large
Community, to conduct further work related to improvements to the RAA;
specifically to: (a) draft a charter identifying registrant rights and
responsibilities; and (b) develop a specific process to identify
additional potential amendments to the RAA on which further action may
be desirable;

Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team
published its Final Report describing specific recommendations and
proposals to the GNSO Council for improvements to the RAA;

Whereas, the GNSO Council has reviewed the Final Report and, in its
resolution 20110113-2, the GNSO Council approved of the Form of
Registrant Rights and Responsibilities Charter as described in Annex D
of the Final Report and recommended that Staff commence the consultation
process with Registrars in the RAA to finalize the Registrant Rights and
Responsibilities Charter for posting on the websites of Registrars as
specified in Section 3.15 of the RAA;

Whereas, a GNSO Council motion recommending that Staff adopt the process
specified as Process A in the Final Report to develop a new form of RAA
with respect to the High and Medium Priority topics described in the
Final Report did not pass;

Whereas, a previous GNSO Council motion to approve an amended version of
the process specified as Process B in the Final Report to develop a new
form of RAA with respect to the High and Medium Priority topics
described in the Final Report did not pass at the GNSO Council's April
7, 2011 meeting;

Whereas, the GNSO Council desires to approve a further amended version
of the process specified as Process B in the Final Report to develop a
new form of RAA with respect to the High and Medium Priority topics
described in the Final Report.

NOW THEREFORE, BE IT:

RESOLVED, that the GNSO Council recommends that Staff adopt an amended
version of the process specified as Process B in the Final Report to
develop a new form of RAA with respect to the High and Medium Priority
topics described in the Final Report. As amended herein, Process B
entails:

1. The GNSO Council requests that the ICANN Office of the General
Counsel review the prioritized list of topics as set forth in the Final
Report and identify any topics that would require consensus policy
development rather than RAA contract amendment. The GNSO Council
requests that the Office of the General Counsel complete and publish on
the ICANN website the outcome of such review and identification not
later than seventy-five (75) days after the date of this resolution.

2. ICANN Staff will schedule a public consultation, to be held at the
first ICANN public meeting that occurs after completion of the review in
Step 1, to provide members of the ICANN community with the opportunity
to articulate their support of and/or objection to the High and Medium
Priority topics described in the Final Report.

3. Within sixty (60) days after the public consultation described in
Step 2, negotiations begin with the Negotiating Group consisting of
ICANN Staff and the Registrar Stakeholder Group (as a whole).

4. The Negotiating Group shall provide, for public comment, bimonthly
written reports on the status and progress of the negotiations. Such
reports shall include proposed text under consideration and identify
items and text agreed upon by the Negotiating Group. Each bimonthly
report shall identify the status of (a) topics identified in the Final
Report as High or Medium Priority and that were not determined in Step 1
as requiring consensus policy development; and (b) proposed amendments
put forth by any Stakeholder Group, Constituency, and/or Advisory
Committee; and shall identify such topics, if any, that have been
rejected by the Negotiating Group (collectively, the "Rejected Topics
and Amendments").

5. The Negotiating Group shall review public comments received and
continue negotiations as necessary. Steps 4 and 5 shall repeat as
necessary; provided, however, that the full final draft of the new RAA
must be posted for public comment not later than March 4, 2013.

6. Subject to the date requirement in Step 5, ICANN Staff and the
Registrar Stakeholder Group shall determine when the full final draft of
the new RAA is ready to be posted for public comment. The full final
draft of the new RAA that is posted for public comment shall be
accompanied by a detailed written explanation, approved by both Staff
and the Registrar Stakeholder Group, that sets forth the basis for the
rejection of all Rejected Topics and Amendments.

7. The GNSO Council shall review the full final draft of the new RAA,
consider public comments, and vote on approval of the draft new RAA. A
Supermajority vote of the GNSO Council is required to approve the new
RAA.

8. If the GNSO Council approves the new RAA, the new RAA goes to Board
for approval.

9. If the GNSO Council does not approve the new RAA, the new RAA is sent
back to the Negotiating Group with appropriate feedback for
reconsideration. Repeat from step 7.

RESOLVED FURTHER, that the GNSO Council recommends that this process be
initiated by ICANN immediately.

-*-

Sincerely yours,

Kristina 

Kristina Rosette

Covington & Burling LLP

1201 Pennsylvania Avenue, N.W.

Washington, DC  20004-2401

voice:  202-662-5173

direct fax:  202-778-5173

main fax:  202-662-6291

e-mail:  krosette at cov.com

www.cov.com/krosette

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