[council] Draft Letter to BGC
Volker Greimann
vgreimann at key-Systems.net
Tue Jun 18 16:26:44 UTC 2013
I regret that I was not able to be present during the call last week,
but I support the original draft as proposed, without the rewording. The
issue of the role of the GNSO and the GNSO council with regard to board
and staff decisions is too important to be watered down. We must on the
council level rise to the defense of the multi-stakeholder model,
otherwise it will become a fig leave solely for the purpose of
legitimizing the role of ICANN. ICANN continues to defend its role in
public by proclaiming the multi-stakeholder model, but if it internally
works to dismantle it, it will play into the hands of those that prefer
another model.
Best regards,
Volker
> I do not think this new wording characterizes the discussion that we
> had last week. Adding a footnote to the rationale would not solve any
> of the issues that were raised, and in fact would only introduce new
> (even worse) wrinkles.
>
> I believe a rewording to make it more in line with what Alan had
> suggested is more preferable (Changes in last paragraph):
>
> Dear Board Governance Committee,
>
> As you may be aware, the GNSO Council had the opportunity to review
> the BGC Recommendation on Reconsideration Request 13-3, which can be
> found at
> http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-16may13-en.pdf
> (Recommendation) during its regular monthly Council call on June 16,
> 2013.
>
> Although the Council in no way intends to interfere with outcomes of
> Reconsideration Requests in general, we have some key concerns with
> the implications of the rationale used by the BGC in support of the
> Recommendation. These concerns were expressed during the Council call
> and on the Council mailing list and centered around the perceived
> potential impact of the Recommendation on the GNSO and more broadly,
> the bottom-up, multi-stakeholder model.
>
> We therefore respectfully ask the BGC to defer the publication of the
> rationale of the Reconsideration Request until such time that a more
> complete discussion on this matter can take place with the community
> in July at the ICANN meeting in Durban.
>
>
> Sincerely,
>
> Jonathan Robinson
>
> GNSO Council Chair
>
> *Jeffrey J. Neuman**
> **Neustar, Inc. / Vice President, Business Affairs*
>
> *From:*Zahid Jamil [mailto:zahid at dndrc.com]
> *Sent:* Tuesday, June 18, 2013 11:23 AM
> *To:* Winterfeldt, Brian; owner-council at gnso.icann.org;
> council at gnso.icann.org
> *Cc:* John Berard; Neuman, Jeff; bruce.tonkin at melbourneit.com.au
> *Subject:* Re: [council] Draft Letter to BGC
>
> Fully support this rewording.
>
> Zahid Jamil
> Barrister-at-law
> Jamil & Jamil
> Barristers-at-law
> 219-221 Central Hotel Annexe
> Merewether Road, Karachi. Pakistan
> Cell: +923008238230
> Tel: +92 213 5680760 / 5685276 / 5655025
> Fax: +92 213 5655026
> www.jamilandjamil.com <http://www.jamilandjamil.com>
>
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> ------------------------------------------------------------------------
>
> *From: *"Winterfeldt, Brian" <bwinterfeldt at steptoe.com
> <mailto:bwinterfeldt at steptoe.com>>
>
> *Sender: *owner-council at gnso.icann.org
> <mailto:owner-council at gnso.icann.org>
>
> *Date: *Tue, 18 Jun 2013 15:17:51 +0000
>
> *To: *council at gnso.icann.org<council at gnso.icann.org
> <mailto:council at gnso.icann.org%3ccouncil at gnso.icann.org>>
>
> *Cc: *john at crediblecontext.com<john at crediblecontext.com
> <mailto:john at crediblecontext.com%3cjohn at crediblecontext.com>>;
> Jeff.Neuman at neustar.us<Jeff.Neuman at neustar.us
> <mailto:Jeff.Neuman at neustar.us%3cJeff.Neuman at neustar.us>>;
> bruce.tonkin at melbourneit.com.au<bruce.tonkin at melbourneit.com.au
> <mailto:bruce.tonkin at melbourneit.com.au%3cbruce.tonkin at melbourneit.com.au>>
>
> *Subject: *RE: [council] Draft Letter to BGC
>
> Dear all:
>
> The IPC does not agree that the BGC's rationale need be thrown out.
> As an alternative, you might consider the following language in a
> footnote to the rationale, which we would have vetted with the full
> Council in due course, but for the intense pace at which this
> conversation is unfolding:
>
> "This analysis is limited to consideration of whether the Board
> violated ICANN policy, and specifically the policies set forth in
> Annex A, Section 9 of the ICANN Bylaws, which require consultation
> with the GNSO Council where a PDP-developed recommendation is not
> approved by the Board. It is beyond the scope of this Recommendation
> to consider whether, how and when the Board engages the GNSO Council
> in discussions following GNSO council statements or other actions
> outside the PDP process, and this Recommendation expresses no opinion
> on such matters."
>
> Thank you,
>
> Brian
>
> *__*
>
> *Brian J. Winterfeldt *
>
> Partner
>
> _bwinterfeldt at steptoe.com <mailto:bwinterfeldt at steptoe.com>_
>
> Steptoe
>
> ------------------------------------------------------------------------
>
> *From:*owner-council at gnso.icann.orgOn
> <mailto:owner-council at gnso.icann.orgOn> Behalf OfJonathan Robinson
> *Sent:* Tuesday, June 18, 2013 10:42:15 AM
> *To:* john at crediblecontext.com <mailto:john at crediblecontext.com>;
> 'Neuman, Jeff'; 'Bruce Tonkin'; council at gnso.icann.org
> <mailto:council at gnso.icann.org>
> *Subject:* RE: [council] Draft Letter to BGC
>
> John,
>
> Good that the short version makes sense. It's often the case as you
> well know!
>
> I felt it was clear in the Council meeting of 13/06/2013n that I
> understood that a formal letter would need to be sent on behalf of the
> Council and that this was what we were discussing.
>
> I haven't cross-checked against the transcript. However, I did cover
> this in my 16/06/2013 summary of the discussion and outcomes and
> didn't receive any objections.
>
> Of course, it doesn't necessarily require a vote for us to take action.
>
> We have an unusually tight deadline in that the BGC is meeting today
> at 21h00 UTC. If we accept your objection, we do nothing, at least
> before the BGC meets.
>
> If we are to do something before the BGC meets, we need to do it fast.
>
> Personally, I am OK to put my name next to a draft substantially
> similar to what Jeff has outlined below but clearly, need support from
> the Council if I am to do so.
>
> Is there a variation on what Jeff has written that you feel you could
> support reasonably well in advance of the 21h00 deadline?
>
> Thanks,
>
> Jonathan
>
> *From:*john at crediblecontext.com <mailto:john at crediblecontext.com>
> [mailto:john at crediblecontext.com]
> *Sent:* 17 June 2013 23:25
> *To:* Neuman, Jeff; 'jrobinson at afilias.info'; 'Bruce Tonkin';
> council at gnso.icann.org <mailto:council at gnso.icann.org>
> *Subject:* RE: [council] Draft Letter to BGC
>
> Jeff, et. al.,
>
> Even though short, this note makes more of what happened than I heard.
> In as much as it was an open discussion, we didn't hear from all and
> we certainly took no votes, either on a proposal, motion or sense of
> the Council.
>
> And I was the guy who coined the term "executivication" of
> decision-making at ICANN. I see the problem, but not the basis for a
> solution.
>
> It is true that the Board committee's decision has sparked a bit of a
> controversy (the transcript of the meeting shows that), but there is
> no basis for any "ask," except perhaps that the full Board draw its
> own conclusion as to whether the decision undermines the community as
> has been suggested. Asking for this to be on our joint meeting agenda
> for Durban is totally within our purview, too.
>
> I guess that rolls up to being an objection.
>
> Cheers,
>
> Berard
>
> --------- Original Message ---------
>
> Subject: [council] Draft Letter to BGC
> From: "Neuman, Jeff" <Jeff.Neuman at neustar.us
> <mailto:Jeff.Neuman at neustar.us>>
> Date: 6/17/13 1:09 pm
> To: "'jrobinson at afilias.info'" <jrobinson at afilias.info
> <mailto:jrobinson at afilias.info>>, "'Bruce Tonkin'"
> <Bruce.Tonkin at melbourneit.com.au
> <mailto:Bruce.Tonkin at melbourneit.com.au>>, "council at gnso.icann.org
> <mailto:council at gnso.icann.org>" <council at gnso.icann.org
> <mailto:council at gnso.icann.org>>
>
> Bruce,
>
> Thanks for forwarding this note on to the Council. Given the
> timing sensitivities, I would propose the Council tomorrow sending
> a note like the one below. Any objections?
>
> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
>
> Dear Board Governance Committee,
>
> As you may be aware, the GNSO Council had the
> opportunity to review the BGC Recommendation on Reconsideration
> Request 13-3, which can be found at
> http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-16may13-en.pdf
> (Recommendation) during its regular monthly Council call on June
> 16, 2013.
>
> Although the Council in no way intends to interfere with outcomes
> of Reconsideration Requests in general, we have some key concerns
> with the implications of the rationale used by the BGC in support
> of the Recommendation. These concerns were expressed during the
> Council call and on the Council mailing list and centered around
> the perceived potential impact of the Recommendation on the GNSO
> and more broadly, the bottom-up, multi-stakeholder model.
>
> We therefore respectfully ask the BGC to withdraw
> the arguments used to support the ultimate rejection of the
> Reconsideration Request, and replace the rationale with something
> more in line with the scope of Reconsideration Requests as
> outlined in the ICANN Bylaws. In addition, we ask that we
> continue the dialogue on the this particular matter in July at the
> ICANN meeting in Durban.
>
>
> Sincerely,
>
> Jonathan Robinson
>
> GNSO Council Chair
>
> *Jeffrey J. Neuman****
> **Neustar, Inc. / Vice President, Business Affairs*
>
> *From:*owner-council at gnso.icann.org
> <mailto:owner-council at gnso.icann.org>
> [mailto:owner-council at gnso.icann.org] *On Behalf Of *Jonathan Robinson
> *Sent:* Monday, June 17, 2013 7:02 AM
> *To:* 'Bruce Tonkin'; council at gnso.icann.org
> <mailto:council at gnso.icann.org>
> *Subject:* RE: [council] GNSO Council Meeting - 13 June 2013 -
> Actionss arising from Item 6 (Reconsideration request ... )
>
> Bruce,
>
> Thank-you for flagging this.
>
> We will endeavour to provide you with this.
>
> Jonathan
>
> *From:*Bruce Tonkin [mailto:Bruce.Tonkin at melbourneit.com.au]
> *Sent:* 16 June 2013 23:52
> *To:* council at gnso.icann.org <mailto:council at gnso.icann.org>
> *Subject:* RE: [council] GNSO Council Meeting - 13 June 2013 -
> Actionss arising from Item 6 (Reconsideration request ... )
>
> Hello Jonathan,
>
> For information- the Board Governance Committee is meeting on
> Tuesday 18 June at 21:00 UTC time.
>
> A review of the rationale for reconsideration request 13.3 is on
> the agenda. Any materials you can provide before then would be useful.
>
> I am expecting that the new gTLD program committee will then
> consider reconsideration request 13.3 at its meeting on 25 June 2013.
>
> Regards,
>
> Bruce Tonkin
>
--
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