[Gnso-epdp-team] Legal Advisory Group modalities

Volker Greimann vgreimann at key-systems.net
Mon Jun 3 15:22:58 UTC 2019


Same here.

Am 31.05.2019 um 19:43 schrieb Leon Sanchez:
> Thank you very much for this, Janis.
>
> If the group has no objection, I would like to join the legal advisory 
> group as well if you think it can be useful.
>
> Kind regards,
>
> León
>
>> El 31 may 2019, a las 12:38, Janis Karklins <karklinsj at gmail.com 
>> <mailto:karklinsj at gmail.com>> escribió:
>>
>> Dear EPDP Team,
>>
>> Further to the discussion in our recent meeting, please find an 
>> outline of the approach to handling legal questions and the 
>> chair-appointed members of the Legal Advisory Group.
>>
>> Those of you who participated in Phase 1 will remember we established 
>> a Legal Committee to review and revise proposed legal questions to 
>> ensure:
>>
>> (1) the questions are truly legal in nature, as opposed to policy or 
>> policy implementation questions;
>> (2) the questions are phrased in a neutral manner, avoiding both 
>> presumed outcomes as well as constituency positioning;
>> (3) the questions are both apposite and timely to the EPDP Team’s 
>> work; and
>> (4) the limited budget for external legal counsel is being used 
>> responsibly.
>>
>> In order to forward these goals, I proposed that I work together with 
>> a small team of chair-appointed legal experts to review legal 
>> questions as they come in. The membership of this team is not 
>> representative, but expertise based. Members of the Legal Advisory 
>> Group are asked to provide advice based on their legal experience, 
>> factoring in all aspects of the conversation, not only that of their 
>> respective constituency. It is important to state that any output of 
>> deliberations of the Legal Advisory Group will be shared with the 
>> EPDP Team for review and agreement.
>>
>> At this time, I do not anticipate a weekly meeting schedule; the 
>> Legal Advisory Group will meet on an as-needed basis. The meetings 
>> will be open to anyone from the EPDP Team who would like to attend; 
>> however, only the chair-appointed legal experts will be invited to speak.
>>
>> I have also asked EPDP Support Staff to provide a recommendation for 
>> an initial categorization of the clarifying legal questions received. 
>> Specifically, Support Staff has reviewed the questions to determine:
>> 1.if the questions relate to Phase 2 issues identified in the Mind 
>> Map, i.e., charter questions, questions in the Annex: Important 
>> Issues for Further Community Action, or issues deferred from Phase 1.
>> 2.If the question is NOT related to the EPDP Team’s Phase 2 work, it 
>> will not be reviewed further. If the question does relate to Phase 2 
>> work, Support Staff will align the question with the relevant Phase 2 
>> issue and determine if the Phase 2 issue is a Priority 1 or a 
>> Priority 2 item.
>> 3.Priority 1 questions, or questions related to a system for 
>> standardized access/disclosure, will be reviewed first.
>> 4.Priority 2 items will be moved to the corresponding worksheets for 
>> further discussion following EPDP Team agreement on the scope and 
>> expected deliverable of the topic.
>> 5.Once the initial parameters are agreed to, the Legal Advisory Group 
>> can better determine necessary legal guidance (if any) and will begin 
>> working on the Priority 1 questions identified.
>>
>> I have asked the following members to the Team to donate their time 
>> to the Legal Advisory Group:
>>
>> Laureen Kapin
>> Brian King
>> Margie Milam
>> Thomas Rickert
>> Kristina Rosette
>> Tatiana Tropina
>>
>> I invited these individuals due to their legal expertise, but also 
>> that they would provide diverse views to ensure that the different 
>> perspectives on the EPDP Team will be considered.
>>
>> Legal Advisory Group’s activities will be supported by ICANN staff 
>> and ICANN Org liaison (Legal) will attend the meetings and will be 
>> engaging with the Group when asked.
>>
>> You will find an updated table with Support Staff’s preliminary 
>> recommendations attached.
>>
>> Thank you
>> JK
>> <Clarifying Legal Questions 
>> Table_31May19.docx>_______________________________________________
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>
>
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-- 
Volker A. Greimann
General Counsel and Policy Manager
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