[council] Draft letter to the Board on closed generics dialogue

Stephanie E Perrin stephanie.perrin at mail.utoronto.ca
Tue Apr 26 13:38:20 UTC 2022


Strongly support Manju's clarification. Folks, you do not have to 
support our view, you just have to support our right to express it clearly.

Stephanie Perrin

On 2022-04-25 9:19 p.m., 陳曼茹 Manju Chen via council wrote:
> Hi all,
>
> I'm not sure which version we're checking now, but I want to point out 
> that the version I see, where it says 'the NCSG expressed its 
> opposition to the conversation between the Council and the GAC_*on 
> this subject*_' is inaccurate.
>
> As we have repeatedly stated, it's not the subject of the dialogue we 
> oppose, but the approach initiated by the Board.
> I strongly opposed the edits as it mischaracterize NCSG's position and 
> reasons for objection.
>
> I would suggest we just keep the sentence as it was, better if we add 
> a line of clarification:
> While the Council is willing to pursue these next steps, it is 
> important to note that Non-Commercial Stakeholders Group expressed its 
> opposition to the approach. The NCSG will communicate directly to the 
> Board regarding the rationale of their opposition.
>
> Many thanks,
> Manju
>
>
>
> On Tue, Apr 26, 2022 at 7:40 AM Justine Chew via council 
> <council at gnso.icann.org> wrote:
>
>     Dear Philippe,
>
>     Thank you for taking on board my suggestion -- what you have
>     included in your version 4 at the end of para 3 works for me.
>
>     Best,
>     Justine
>     *
>     *
>
>
>     On Tue, 26 Apr 2022 at 00:45, <philippe.fouquart at orange.com> wrote:
>
>         Thanks Paul, you might indeed, you might :) I have the same
>         impression of there being nothing controversial in these
>         changes, but they provide useful context, hence the suggested
>         inclusion.
>
>         I should have said shorter, in fact, rather than concise.
>
>         Best,
>
>         Philippe
>
>         Orange Restricted
>
>         *From:* McGrady, Jr., Paul D. <PMcGrady at taftlaw.com>
>         *Sent:* Monday, April 25, 2022 6:31 PM
>         *To:* FOUQUART Philippe INNOV/NET
>         <philippe.fouquart at orange.com>; Justine Chew
>         <justine.chew.icann at gmail.com>; council at gnso icann. org
>         <council at gnso.icann.org>
>         *Cc:* Jeff Neuman <jeff at jjnsolutions.com>; Kurt Pritz
>         <kurt at kjpritz.com>; GNSO Secs <gnso-secs at icann.org>
>         *Subject:* RE: [council] Draft letter to the Board on closed
>         generics dialogue
>
>         Thanks Phillippe.  Since Justine didn’t express what the ALAC
>         did not like about my proposed enhancements, and since being
>         concise means “brief but *comprehensive*”, might I _cheekily_
>         suggest that my very modest changes resulted in the more
>         concise version since I really do believe that some of the
>         framing in your initial draft didn’t contain all of the
>         necessary information needed for the Board to understand where
>         we are coming from on this.  Nothing I included should be
>         controversial.
>
>         Best,
>
>         Paul
>
>         *From:*philippe.fouquart at orange.com
>         <philippe.fouquart at orange.com>
>         *Sent:* Monday, April 25, 2022 11:24 AM
>         *To:* Justine Chew <justine.chew.icann at gmail.com>; McGrady,
>         Jr., Paul D. <PMcGrady at taftlaw.com>; council at gnso icann. org
>         <council at gnso.icann.org>
>         *Cc:* Jeff Neuman <jeff at jjnsolutions.com>; Kurt Pritz
>         <kurt at kjpritz.com>; GNSO Secs <gnso-secs at icann.org>
>         *Subject:* RE: [council] Draft letter to the Board on closed
>         generics dialogue
>
>         [EXTERNAL MESSAGE]
>
>         [responding to Justine’s email that followed Paul’s]
>
>         Dear Councilors,
>
>         Paul’s suggestions seem to be essentially quoting the letter
>         and framing paper – however, if like Justine below, some
>         councilors would consider that context to be unnecessary or
>         restrictive, let the list know, (and if so, for ease of
>         editing and given the time constraint we’d revert back to the
>         previous - more concise - version)
>
>         @Justine <mailto:justine.chew.icann at gmail.com> I’ve slightly
>         reworded your other suggestion to make it sound less
>         one-directional, at the risk of stating the obvious. Hope
>         that’ll work.
>
>         Thank you.
>
>         Philippe
>
>         *From:* Justine Chew <justine.chew.icann at gmail.com>
>         *Sent:* Monday, April 25, 2022 10:36 AM
>         *To:* McGrady, Jr., Paul D. <PMcGrady at taftlaw.com>; FOUQUART
>         Philippe INNOV/NET <philippe.fouquart at orange.com>
>         *Cc:* Jeff Neuman <jeff at jjnsolutions.com>; Kurt Pritz
>         <kurt at kjpritz.com>; GNSO Secs <gnso-secs at icann.org>
>         *Subject:* Re: [council] Draft letter to the Board on closed
>         generics dialogue
>
>         Hello Paul,
>
>         I think the simpler version 2 of the draft reply with
>         amendments as proposed by Philippe regarding references to (a)
>         NCSG's letter and (b) "modalities" is sufficient for the
>         present purposes.
>
>         Hello Philippe,
>
>         My 3rd point was a suggestion to indicate that Council is
>         undertaking some thinking for the dialogue, so, perhaps
>         something along the lines of the following could be
>         considered? While I won't insist on it, I think it's useful to
>         provide some context on the timing of this response.
>
>             /It is on that basis that the Council is willing to pursue
>             next steps for the facilitated dialogue, subject to mutual
>             agreement with the GAC on the conditions _which the
>             Council is preparing to propose_ for that dialogue./
>
>
>         Thanks,
>         Justine
>
>         On Sat, 23 Apr 2022 at 04:11, McGrady, Jr., Paul D.
>         <PMcGrady at taftlaw.com> wrote:
>
>             Thanks Philippe, Kurt, Justine, and Jeff.
>
>             Dear All:
>
>             I’m happy with the NCSG’s letter being attached, or not,
>             but I do think it is important to at least call it out
>             since we don’t want to give the misimpression that the
>             Council is completely unified on this topic. I for one
>             have a *_great deal of sympathy_* with the idea that GAC
>             advice should not restart policy work in the GNSO, but
>             rather the Board needs to figure out how to implement (via
>             IRT) both the completed policy Recommendations and the GAC
>             advice in the next version of the Applicant Guidebook
>             (like they did with much of the GAC advice that rolled in
>             after the policy work was done for the first round). 
>             Hopefully something will come out of this dialogue that
>             helps in that process.
>
>             As for the letter itself, I think we could just as easily
>             say “Dear Board, of course we are happy to talk with the
>             GAC about their concerns.  We will reach out to them and
>             get it set up.”  But, we do like our letters here in
>             ICANNland, so my marked up version (based off the last
>             version sent by Philippe) is attached.  If we are going to
>             frame the issues, instead of just a quick “we are on it”
>             response, I think a tiny bit of more detail of how we got
>             here makes sense.  Hopefully my proposed changes (which
>             are in red on my screen) will be viewed as friendly
>             amendments, which is the spirit in which they are offered.
>
>             Thank all!
>
>             Best,
>
>             Paul
>
>             *Taft*
>
>             	
>
>             * /*
>
>             	
>
>             *Paul D. McGrady, Jr.*
>             Partner
>             PMcGrady at taftlaw.com <mailto:PMcGrady at taftlaw.com>
>             Dir: 312.836.4094   | Cell: 312.882.5020
>             Tel: 312.527.4000   | Fax: 312.754.2354
>             111 E. Wacker Drive, Suite 2800
>             Chicago, Illinois 60601-3713
>
>
>             *Download vCard
>             <http://www.taftlaw.com/vcard/PMcGrady@taftlaw.com>*
>             *taftlaw.com <http://www.taftlaw.com>*
>
>             This message may contain information that is
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>             otherwise confidential. If you are not an intended
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>             Orange Restricted
>
>             *From:*council <council-bounces at gnso.icann.org> *On Behalf
>             Of *philippe.fouquart--- via council
>             *Sent:* Friday, April 22, 2022 1:57 PM
>             *To:* Jeff Neuman <jeff at jjnsolutions.com>; Justine Chew
>             <justine.chew.icann at gmail.com>; Kurt Pritz <kurt at kjpritz.com>
>             *Cc:* GNSO Secs <gnso-secs at icann.org>; council at gnso icann.
>             org <council at gnso.icann.org>
>             *Subject:* Re: [council] Draft letter to the Board on
>             closed generics dialogue
>
>             [EXTERNAL MESSAGE]
>
>             Kurt, Justine, Jeff, thanks for the inputs.
>
>             On 1) and reference to the NCSG’s letter: The reference is
>             on record with the minutes, and can also be found in the
>             Council list archive, I don’t think there’s any risk this
>             goes unnoticed, I’d suggest we simply say While the
>             Council is willing to pursue these next steps, it is
>             important to note that Non-Commercial Stakeholders Group
>             expressed its opposition to the approach.
>
>             Manju (since it is you who spoke on this during our call):
>             would you be fine with this?
>
>             On 2) and modalities, I’d suggest we go for Jeff’s edits
>             and simply say in the second paragraph:
>
>             The Council is appreciative of the ICANN Board’s attention
>             to GNSO related matters and is willing to pursue next
>             steps for the facilitated dialogue, subject to mutual
>             agreement with the GAC on the conditions for that dialogue.
>
>             Ironically, in French, the equivalent of ‘modalities’ has
>             a sense of a series of menial tasks that the authors would
>             consider a) quite straightforward and b) as a result,
>             generally not worth doing by themselves. Neither of which
>             would probably be true here I think.
>
>             It seems 2) alleviates the need to elaborate as, Justine,
>             you suggested with your 3^rd point but let us know if it
>             doesn’t work.
>
>             As attached with diff marks.
>
>             Regards,
>
>             Philippe
>
>             *From:*Jeff Neuman <jeff at jjnsolutions.com>
>             *Sent:* Friday, April 22, 2022 3:48 PM
>             *To:* Justine Chew <justine.chew.icann at gmail.com>; Kurt
>             Pritz <kurt at kjpritz.com>; FOUQUART Philippe INNOV/NET
>             <philippe.fouquart at orange.com>
>             *Cc:* GNSO Secs <gnso-secs at icann.org>; council at gnso icann.
>             org <council at gnso.icann.org>
>             *Subject:* RE: [council] Draft letter to the Board on
>             closed generics dialogue
>
>             I strongly urge that the letter from the NCSG is not
>             included with this letter.  As Justine states, there are
>             some mischaracterizations  in that letter and as far as I
>             am aware the rest of the Council does not agree with the
>             opinions expressed by the NCSG.  You can indicate that the
>             NCSG opposed the meeting in the letter without any
>             attachments.  If you include the NCSG letter, would you
>             consider adding letters from the other SGs and Cs that are
>             in support of the meeting?  I believe the best way is to
>             note the NCSG’s disagreement, but not attach anything.
>
>             And with respect to the word “modalities”, it is an
>             unnecessary word.  A “modality” is a condition is it not? 
>             So I would just state: “….that the Council is willing to
>             pursue next steps for the facilitated dialogue, subject to
>             mutual agreement with the GAC on the conditions for that
>             dialogue.”
>
>             	
>
>             Jeffrey J. Neuman
>
>             Founder & CEO
>
>             JJN Solutions, LLC
>
>             p: +1.202.549.5079
>
>             E: jeff at jjnsolutions.com <mailto:jeff at jjnsolutions.com>
>
>             http://jjnsolutions.com <http://jjnsolutions.com>
>
>             *From:*council <council-bounces at gnso.icann.org> *On Behalf
>             Of *Justine Chew via council
>             *Sent:* Thursday, April 21, 2022 8:12 PM
>             *To:* Kurt Pritz <kurt at kjpritz.com>; Philippe Fouquart
>             <philippe.fouquart at orange.com>
>             *Cc:* GNSO Secs <gnso-secs at icann.org>; council at gnso icann.
>             org <council at gnso.icann.org>
>             *Subject:* Re: [council] Draft letter to the Board on
>             closed generics dialogue
>
>             Hello Philippe, Kurt,
>
>             1. I agree with Kurt on the NCSG letter, and if it were to
>             be included, I think we should at least address the
>             assertion that "GAC has been silent since 2013 on the
>             matter of Closed Generics" as called out by Jeff as a
>             mis-characterization of the GAC on the part of NCSG.
>
>
>             2. I understand the word "modalities" to mean "ways of
>             doing something", but if there's a better word to address
>             Kurt's concerns then by all means, let's consider that.
>
>             3. Would it be feasible to add to the end of the second
>             paragraph, a suggestion that "the conditions and
>             modalities for that dialogue" will be forthcoming? That
>             would indicate that Council is giving thought to those and
>             will continue to do so (hence allowing for the Closed
>             Generics small team leeway to do its work).
>
>             Thanks for considering.
>
>             Kind regards,
>             Justine
>
>             On Fri, 22 Apr 2022 at 06:54, Kurt Pritz via council
>             <council at gnso.icann.org> wrote:
>
>                 Hi Philippe:
>
>                 Two comments:
>
>                 1. If the NCSG has requested that reference to their
>                 comment should be included it in the letter, then we
>                 should include it. If not, you might ask  if they want
>                 that (and if they do, include it). I don’t think it
>                 adds value at this point — but will add value as we
>                 get into the meeting set-up, the discussion scope, and
>                 the actions taken with any recommendations that come
>                 out of the meeting.
>
>                 2. I personally recommend that we avoid the use of the
>                 term ‘modalities.’ I don’t know what it means and, if
>                 participating in a group tasked with identifying them,
>                 I wouldn’t know what they are. I right clicked on the
>                 word and found that Microsoft knows of no synonyms. I
>                 looked it up in a popular online dictionary and came
>                 up with:
>
>                     — the quality or state of being modal;  a modal
>                     quality or attribute;
>
>                     — the classification of logical
>                     propositions according to their asserting or
>                     denying the possibility,
>                     impossibility, contingency, or necessity of their
>                     content;
>
>                     — one of the main avenues of sensation (such as
>                     vision);
>
>                     — a usually physical therapeutic agency
>
>                 Not getting the sense from there, I looked for its use
>                 in a sentence and found:
>
>                     "Ineluctable modality of the visible: at least
>                     that if no more, thought through my eyes.” /The
>                     New Yorker, 7 Feb. 2022/
>
>                 That did not help me understand the definition but did
>                 tell me a lot about the kind of people that use the
>                 word. I understand the word is commonly used in
>                 governmental settings but we needn’t adopt the custom
>                 if it is not clarifying or helpful.
>
>                 Slightly more seriously, when we meet among ourselves
>                 and with the GAC, we should all understand the target
>                 and “modalities” seems too broad. It would be helpful
>                 for me (maybe it is just me) to replace the word with
>                 commonly spoken terms or to parenthetically define it.
>
>                 Thanks for listening,
>
>                 Kurt
>
>                     On Apr 22, 2022, at 3:32 AM, philippe.fouquart---
>                     via council <council at gnso.icann.org> wrote:
>
>                     Dear Councilors,
>
>                     Please find attached for you review a draft
>                     response letter to the ICANN Board on closed
>                     generics. It intends to capture the conclusions of
>                     our discussion during the Council call last week.
>
>                     We would like to have it ready for the Board
>                     workshop next week, so please have a look before
>                     April 27th 1200 UTC (Wednesday)
>
>                     Thanks.
>
>                     Regards,
>
>                     Philippe
>
>                     _________________________________________________________________________________________________________________________
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