[council] Fwd: Correspondence from GNSO Council Leadership Team to Mr. George Kirikos and Counsel

Drazek, Keith kdrazek at verisign.com
Mon Apr 1 16:11:37 UTC 2019

Hi all,

FYI, a further exchange on this topic.


Begin forwarded message:

From: "Drazek, Keith" <kdrazek at verisign.com<mailto:kdrazek at verisign.com>>
Date: April 1, 2019 at 11:51:39 AM EDT
To: "robin at imaginelaw.com<mailto:robin at imaginelaw.com>" <robin at imaginelaw.com<mailto:robin at imaginelaw.com>>
Cc: "abernstein at torys.com<mailto:abernstein at torys.com>" <abernstein at torys.com<mailto:abernstein at torys.com>>, "george at loffs.com<mailto:george at loffs.com>" <george at loffs.com<mailto:george at loffs.com>>, "brian.beckham at wipo.int<mailto:brian.beckham at wipo.int>" <brian.beckham at wipo.int<mailto:brian.beckham at wipo.int>>, "Corwin, Philip" <pcorwin at verisign.com<mailto:pcorwin at verisign.com>>, "kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>" <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>>, "pmcgrady at winston.com<mailto:pmcgrady at winston.com>" <pmcgrady at winston.com<mailto:pmcgrady at winston.com>>, "Samantha.Eisner at icann.org<mailto:Samantha.Eisner at icann.org>" <Samantha.Eisner at icann.org<mailto:Samantha.Eisner at icann.org>>, "david.olive at icann.org<mailto:david.olive at icann.org>" <david.olive at icann.org<mailto:david.olive at icann.org>>, "john.jeffrey at icann.org<mailto:john.jeffrey at icann.org>" <john.jeffrey at icann.org<mailto:john.jeffrey at icann.org>>, "pam.little at alibaba-inc.com<mailto:pam.little at alibaba-inc.com>" <pam.little at alibaba-inc.com<mailto:pam.little at alibaba-inc.com>>, "rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>" <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>>, "gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>" <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Subject: RE: [EXTERNAL] Re: Correspondence from GNSO Council Leadership Team to Mr. George Kirikos and Counsel

Dear Robin,

Thank you for your email acknowledging receipt of the GNSO Council Leadership Team’s 29 March 2019 letter.

Our request for acceptance and acknowledgement of enforceability of ICANN’s Expected Standards of Behavior is forward-looking and does not preclude your further engagement with ICANN’s General Counsel on the issues raised in your letter of 10 March 2019. The GNSO Council Leadership Team acknowledged that opportunity for further communication and elected to take no additional action at this time concerning the ongoing disciplinary issues involving Mr. Kirikos and Mr. Shatan. In fact, we did not require even the minimum threshold of an apology as outlined in ICANN’s escalation framework. Rather, we hope and expect this to be a fresh start for all parties and the RPM PDP WG based on respect for ICANN’s Expected Standards of Behavior.

As such, we believe it is perfectly reasonable that Mr. Kirikos and Mr. Shatan respond to our letter by Friday, 5 April acknowledging and accepting the Expected Standards of Behavior, with a commitment to abide by them moving forward, subject to enforcement by the Co-Chairs and/or GNSO Council Leadership Team (as appropriate). As covered in our letter, the GNSO Council has a clear responsibility to ensure PDP Working Groups can conduct their work in a manner that is professional, efficient, timely, and consistent with ICANN’s Expected Standards of Behavior, and we take that obligation seriously.

If we do not receive confirmation of this by 5 April, we will move Mr. Kirikos (and/or Mr. Shatan) to observer status within the RPM PDP WG, with an opportunity to be re-activated as a full member if and when we receive the necessary response.

Thank you for your understanding.

Keith Drazek
GNSO Chair (on behalf of the GNSO Council Leadership Team)

From: Robin Gross <robin at imaginelaw.com<mailto:robin at imaginelaw.com>>
Sent: Friday, March 29, 2019 7:15 PM
To: Drazek, Keith <kdrazek at verisign.com<mailto:kdrazek at verisign.com>>
Cc: abernstein at torys.com<mailto:abernstein at torys.com>; george at loffs.com<mailto:george at loffs.com>; brian.beckham at wipo.int<mailto:brian.beckham at wipo.int>; Corwin, Philip <pcorwin at verisign.com<mailto:pcorwin at verisign.com>>; Kathy Kleiman <kathy at kathykleiman.com<mailto:kathy at kathykleiman.com>>; pmcgrady at winston.com<mailto:pmcgrady at winston.com>; Samantha Eisner <Samantha.Eisner at icann.org<mailto:Samantha.Eisner at icann.org>>; David Olive <david.olive at icann.org<mailto:david.olive at icann.org>>; John Jeffrey <john.jeffrey at icann.org<mailto:john.jeffrey at icann.org>>; pam.little at alibaba-inc.com<mailto:pam.little at alibaba-inc.com>; rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>; Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>>
Subject: [EXTERNAL] Re: Correspondence from GNSO Council Leadership Team to Mr. George Kirikos and Counsel

Dear Keith,

Seven days is insufficient time to consider and respond to your letter.  We request 14 days to respond, given your letter comes 19 days since our March 10, 2019 letter.

Please let us know by 2 pm Eastern time on Monday April 1, 2019 whether this is acceptable.

We are cc'ing Mr. Shatan, so that he be given equal time to consider his own response.

We note for the record that we offered in good faith, in our March 10, 2019 letter, to have a telephone call in order to narrow the issues in dispute, but no response to that offer has ever been received.

Thank you,
Robin Gross
Attorney for George Kirikos

On Mar 29, 2019, at 11:02 AM, Drazek, Keith <kdrazek at verisign.com<mailto:kdrazek at verisign.com>> wrote:

Dear Mr. Bernstein, Ms. Gross and Mr. Kirikos,

Please find attached a letter from the GNSO Council Leadership Team concerning enforcement of ICANN’s Expected Standards of Behavior.

We look forward to your reply.


Keith Drazek
GNSO Chair (on behalf of the GNSO Council Leadership Team)

<GNSO Council Leadership Team Letter to Bernstein-Gross-Kirikos -- 29 March 2019.pdf>

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