[council] Revised Motion on ICANN Bylaw Recoomendation

Fri Jun 28 12:58:44 UTC 2013

Dear Jeff,

I believe this motion sends a strong signal regarding the role of the 
GNSO and will help ensure that the GNSO council will be taken into 
account in future policy decisions. I therefore second this motion.

Best,

Volker Greimann

> All,
>
> Overnight I got some fantastic comments from several people about the 
> motion, so I have made a couple of changes.  Here is the new motion, 
> with the changed parts in red.  Basically I added a second sentence to 
> the definition of the GNSO recognizing the role that the GNSO has with 
> respect to providing advice on implementation of policies relating to 
> generic TLDs. What that process is and how to delineate whether 
> something is policy or implementation is being worked on by the Policy 
> v. implementation Working Group we have set up, but as the BGC 
> recognizes, the Board should be coming to the GNSO community for 
> advice on implementation issues as well as policy issues.
>
> Again, to be clear, all this is saying is that IF the GNSO issues 
> advice AND the Board acts inconsistent with that advice, the only 
> thing the Board should do is meet with the GNSO in good faith, offer 
> its reasons, and attempt to work out a solution.  That's it.  Seems 
> like a no-brainer to me.
>
> ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
>
> WHEREAS, the ICANN Bylaws currently state: There shall be a 
> policy-development body known as the Generic Names Supporting 
> Organization (GNSO), which shall be responsible for developing and 
> recommending to the ICANN Board substantive policies relating to 
> generic top-level domains;
>
> WHEREAS, the Board Governance Committee has recognized in 
> Reconsideration Request 13-3 that "As of now, there is /no defined 
> policy or process within ICANN /that requires Board or staff 
> consultation with the GNSO Council if the Board or staff is acting in 
> contravention to a statement made by the GNSO Council outside of the 
> PDP"; and
>
> WHEREAS, the GNSO Council believes that such a defined policy or 
> process is now needed.
>
> //
>
> /RESOLVED: The GNSO Council recommends that the ICANN Bylaws be 
> amended to:/
>
> //
>
> /a) add a second sentence to Article X, Section 1 such that Section 1 
> would now read: "/There shall be a policy-development body known as 
> the Generic Names Supporting Organization (GNSO), which shall be 
> responsible for developing and recommending to the ICANN Board 
> substantive policies relating to generic top-level domains. The GNSO 
> is also responsible for providing advice to the ICANN Board on the 
> implementation of policies relating to generic top-level domains."
>
> //
>
> /b) include language requiring a formal consultation process in the 
> event that the ICANN Board determines to take an action that is not 
> consistent with GNSO advice.  Such process shall require the ICANN 
> Board to state the reasons why it decided not to follow GNSO advice, 
> and be followed in a timely manner, with a consultation in which the 
> GNSO and the ICANN Board attempt in good faith to find a mutually 
> acceptable solution.  If no such solution can be found, the ICANN 
> Board will state in its final decision the reasons why the GNSO advice 
> was not followed. /
>
> //
>
> /FURTHER RESOLVED that the GNSO recommends the above to apply whether 
> or not the policy development process as set forth in Article X, 
> section 6 were followed./
>
> *Jeffrey J. Neuman**
> **Neustar, Inc. / Vice President, Business Affairs*
>
> *From:*owner-council at gnso.icann.org 
> [mailto:owner-council at gnso.icann.org] *On Behalf Of *Neuman, Jeff
> *Sent:* Thursday, June 27, 2013 10:44 PM
> *To:* GNSO Council (council at gnso.icann.org)
> *Cc:* 'Glen de Saint Géry'
> *Subject:* [council] Revised Rationale for Rejection of NCSG 
> Reconsideration Request & Proposed Motion for Durban Council Meeting
>
> Although I am sure that some on the Council will still disagree with 
> the new rationale posted at 
> http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-25jun13-en.pdf, 
> I believe the rationale is much more consistent with, and recognizes, 
> the value of the multi-stakeholder model.  The tone has been softened 
> considerably and is much more respectful, in my opinion.  In addition, 
> the rationale upon my quick read seems to be technically correct.  I 
> am grateful to the Board Governance Committee for having taken some of 
> our comments very seriously and for making the appropriate changes to 
> the rationale.
>
> The one item I would still like to see addressed by the Council (other 
> than the Policy v. Implementation discussions within the GNSO Working 
> Group process) is formalizing the requirement through a proposed 
> Bylaws Amendment requiring consultation of the GNSO if the Board 
> proposes to take an action that is inconsistent with a policy or 
> statement of the GNSO.  I intend to draft that motion for the 
> Council's consideration in Durban.
>
> To give all of the constituencies ample time to review the motion 
> prior to Durban, although I am sure some will seek to defer the 
> motion, claiming insufficient time to review, I am attaching this 
> proposed resolution for consideration in Durban.  I am happy to take 
> comments, edits or suggestions:
>
> WHEREAS, the ICANN Bylaws currently state: There shall be a 
> policy-development body known as the Generic Names Supporting 
> Organization (GNSO), which shall be responsible for developing and 
> recommending to the ICANN Board substantive policies relating to 
> generic top-level domains;
>
> WHEREAS, the Board Governance Committee has recognized in 
> Reconsideration Request 13-3 that "As of now, there is /no defined 
> policy or process within ICANN /that requires Board or staff 
> consultation with the GNSO Council if the Board or staff is acting in 
> contravention to a statement made by the GNSO Council outside of the 
> PDP"; and
>
> WHEREAS, the GNSO Council believes that such a defined policy or 
> process is now needed.
>
> /RESOLVED: The GNSO Council recommends that the ICANN Bylaws be 
> amended to include language requiring a formal consultation process in 
> the event that the ICANN Board determines to take an action that is 
> not consistent with GNSO policies or recommendations.  Such process 
> shall require the ICANN Board to state the reasons why it decided not 
> to follow GNSO recommendations or policies, and be followed in a 
> timely manner, with a consultation in which the GNSO and the ICANN 
> Board attempt in good faith to find a mutually acceptable solution.  
> If no such solution can be found, the ICANN Board will state in its 
> final decision the reasons why the GNSO recommendations or policies 
> were not followed. /
>
> //
>
> /FURTHER RESOLVED that the GNSO recommends the above to apply whether 
> or not the policy development process as set forth in Article X, 
> section 6 were followed./
>
> *Jeffrey J. Neuman
> Neustar, Inc. / Vice President, Business Affairs*
> 46000 Center Oak Plaza, Sterling, VA 20166
> *Office:***+1.571.434.5772*Mobile: *+1.202.549.5079*Fax: 
> *+1.703.738.7965*/*jeff.neuman at neustar.biz 
> <mailto:jeff.neuman at neustar.biz> */*www.neustar.biz 
> <http://www.neustar.biz/>
>

-- 
Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.

Mit freundlichen Grüßen,

Volker A. Greimann
- Rechtsabteilung -

Key-Systems GmbH
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Best regards,

Volker A. Greimann
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Key-Systems GmbH
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