[Gnso-epdp-team] Legal Advisory Group modalities

Tue Jun 4 15:47:03 UTC 2019

Dear EPDP Team,

As you know, some Team members have asked to join the proposed Legal
Advisory Group in addition to Chair's nominated candidates. These requests
by themselves are fully legitimate and demonstrate commitment of Team
members to the task entrusted to us by the community.

>From other side, idea to form the Group was largely driven by desire to
lighten the workload of the Team and preparing the ground for the Team
decision in a smaller professional setting. It was never my intention to
propose the Legal Advisory Group being representative. Requests to join the
Group and make it representative in reality defeats the purpose of the
suggestion.

Therefore, I have decided to withdraw my proposal to form a Legal Advisory
Group. All legal questions as currently will be discussed and decisions
will be made in a plenary setting with full participation of all members of
the Team. Background materials for these deliberations will be prepared by
Staff prior circulation to the Team for consideration.

I hope this decision will find your understanding
JK

On Mon, Jun 3, 2019 at 7:31 PM Rosette, Kristina via Gnso-epdp-team <
gnso-epdp-team at icann.org> wrote:

> Marc, Alan and I support Volker’s inclusion, given his registrar-related
> and legal expertise.
>
>
>
> *From:* Gnso-epdp-team [mailto:gnso-epdp-team-bounces at icann.org] *On
> Behalf Of *Volker Greimann
> *Sent:* Monday, June 03, 2019 11:25 AM
> *To:* gnso-epdp-team at icann.org
> *Subject:* Re: [Gnso-epdp-team] Legal Advisory Group modalities
>
>
>
> Hi Janis,
>
> it feels like an oversight, but it appears the RrSG is not represented in
> this group. To correct this oversight, I hereby volunteer.
>
> Best regards,
>
> Volker Greimann
>
>
>
> Am 31.05.2019 um 19:38 schrieb Janis Karklins:
>
> 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
>
>
>
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>
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>
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>
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>
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>
> --
> Volker A. Greimann
> General Counsel and Policy Manager
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>
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