[council] Motion SubPro WG Final Report

philippe.fouquart at orange.com philippe.fouquart at orange.com
Mon Feb 8 18:37:52 UTC 2021

Dear Councilors,

Having discussed this within the leadership, and with the WG chairs and the liaison, you would have noted that we approached this motion for the SubPro final report in the most straightforward and simple way, both in terms of timing and framing:

-          the SubPro motion is up for a vote at the next Council call; and

-          it’s all-in-one package - with the phrasing that Flip described, depending on the degree of consensus reached.

Given the importance of the work of SuPro for the Community, we pondered over the need for another discussion item at the next Council call and wanted offer all opportunities for Council to discuss this as much as necessary. On the other hand we did want to take into account the feedback we have received so far and not overstretch our exchanges unnecessarily.

Our appreciation of the feedback/questions/concerns expressed during both our discussion item at the last council call and the SubPro final report webinar lead us to believe that having the above was the best approach.

If this assessment is inaccurate and if some councillors/SG-Cs consider that our January discussion item and the webinar do not suffice for them to be fully informed on the motion prior to our vote, it is your time to say so.

Flip remains available for assistance if need be for any clarification, but again we want to make sure everyone’s duly informed and comfortable when the time of voting comes.


From: council [mailto:council-bounces at gnso.icann.org] On Behalf Of Flip Petillion
Sent: Friday, February 5, 2021 10:00 PM
To: GNSO Council List <council at gnso.icann.org>
Subject: [council] Motion SubPro WG Final Report

Dear Councilors,

Attached please find a Motion to Adoption of the Policy Development Process on New gTLD Subsequent Procedures Final Report.

The motion is structured in such a way that the Council will be voting on the Final Report as one package.  That said, because two of the hundreds of Outputs had strong support but significant opposition, we have bifurcated the resolved clauses to (a) recommend the implementation of those Outputs that had either consensus or full consensus designations and (b) consider the Outputs that have strong support but significant opposition as well as the associated rationale in the report and the minority statements.

We believe that providing the entire report to the Board for its consideration is important for the Board to understand how we arrived at where we are and to give those very few areas without consensus some context.  We are not stating that the Board MUST implement those elements that did not have consensus, but we are giving them full information so that either they can make a decision on how to proceed on those, or ask for future work.

Although there are these couple Outputs that did not attain at least Consensus, and one Output (Closed Generics) where there is consensus that there is no agreement, we do not believe that a Council substantive discussion on these issues or remanding it back to the Working Group, would result in a different result.  There are good arguments on all sides of these issues and the Working Group spent  a number of years trying to come up with compromise proposals without success. These are areas where we believe that guidance from the Board will be necessary to make further progress on these issues.

Should you have questions, I am at your disposal for a call to discuss these. I would appreciate it should you share your questions in the list beforehand.

Respectfully submitted,


Flip Petillion
fpetillion at petillion.law<mailto:fpetillion at petillion.law>

[id:image001.png at 01D3691D.DA7539C0]<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats


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