[Gnso-epdp-team] FW: Extension of time until August 24, 2020 for Minority Statements

Mon Aug 17 12:27:05 UTC 2020

Dear Kavouss,

  Rest assured that we are consulting with Manal and GAC Leadership on this important matter.

Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

From: Kavouss Arasteh <kavouss.arasteh at gmail.com>
Sent: Monday, August 17, 2020 5:44 AM
To: Kapin, Laureen <LKAPIN at ftc.gov>; Manal Ismail <manal at tra.gov.eg>; <gac-leadership at icann.org> <gac-leadership at icann.org>; GAC <gac at icann.org>
Cc: Mueller, Milton L <milton at gatech.edu>; Rafik Dammak <rafik.dammak at gmail.com>; GNSO EPDP <gnso-epdp-team at icann.org>
Subject: Re: [Gnso-epdp-team] FW: Extension of time until August 24, 2020 for Minority Statements

Dear Laureen, Thank you very much for the message.
Please consult the GAC CHAIR regarding  the conditions and process  to be followed  by GAC  under which GAC could provide Statement under " Minority Statement" GAC MinorityStatement title "
I have suggested that any statement by GAC on the matter needed to be put for consultation by all GAC members based on Specific Reply AND not tacit reply  such Minority statement could be formulated .
Alternatively, the governments of those members  or the entities to which those commenting members wishing to submit Minority Statement could submit their statements on behalf of those governments or entities and NOT of behalf of the entire GAC to ICANN or to GNSO.The latter arrangements were used at the time that SOME GAC members and NOT ALL submitted their statem,nts for Accountability Phase I process .
This is the most democratic and public respect arrangements for such kind of statement on this very important matter
Regards
Kavouss

On Mon, Jul 27, 2020 at 5:28 PM Kapin, Laureen via Gnso-epdp-team <gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>> wrote:
Thank you Milton for this constructive suggestion.  We do not wish to delay the Council’s vote.  Even with the extension, the GNSO will still receive the Minority Statements in time for a vote in September, and in the meantime time may also consider the consensus designations.

Rafik, in addition to the web link you describe below, we request that staff publish an Updated Version of the Final Recommendations that includes all submitted Minority Statements in the Appendix.  We recommend making that updated version available as soon as possible after submission of the last Minority Report or August 24th  (whichever is later).

Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> On Behalf Of Mueller, Milton L
Sent: Saturday, July 25, 2020 4:56 PM
To: Volker Greimann <vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>>; Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>>
Cc: GNSO EPDP <gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>>
Subject: Re: [Gnso-epdp-team] FW: Extension of time until August 24, 2020 for Minority Statements

I think it's OK for you to take your time and write Minority Reports after the final conclusion of the consensus process. It is good to have those on the record. If they don't get written in time to be put into the final report, they can be added to the website as part of the final report later.

I think what Volker fears is that this isn't actually about your ability to write the report, but is a deliberate attempt to delay Council approval of the final report.

I'm of the opinion that you are making an innocent request to have more time to write your minority report; I don't believe that this is an attempt to derail the Council's work. But it would be helpful if you could be so kind as to reaffirm your willingness to bring this report to the Council on time for a vote. Could you do that, please?
________________________________
From: Gnso-epdp-team <gnso-epdp-team-bounces at icann.org<mailto:gnso-epdp-team-bounces at icann.org>> on behalf of Volker Greimann <vgreimann at key-systems.net<mailto:vgreimann at key-systems.net>>
Sent: Saturday, July 25, 2020 11:37 AM
To: Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>>
Cc: GNSO EPDP <gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org>>
Subject: Re: [Gnso-epdp-team] FW: Extension of time until August 24, 2020 for Minority Statements

In my humble opinion, everyone desirous of publishing a minority report should have their texts written already. It is not like the latest changes were so substantive as to change the meaning of the recommendations. If there is a general problem with a recommendation, everyone could have realized that weeks ago; months for some of the recs. To demand more time now as a tool to force further delay seems to border on the abusive.

So my suggestion is: Have it ready by the deadline or forfeit your right to have it included in the report.

Best,
--
Volker A. Greimann
General Counsel and Policy Manager
KEY-SYSTEMS GMBH

T: +49 6894 9396901
M: +49 6894 9396851
F: +49 6894 9396851
W: www.key-systems.net<http://www.key-systems.net/>

Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835
CEO: Oliver Fries and Robert Birkner

Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358.

On Sat, Jul 25, 2020 at 5:28 PM Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>> wrote:
Rafik,

You may not have the authority to change it but you in your role of GNSO Council Liaison, you do have the authority to being the request to the Council Chair and the Council.  This report not being considered by the Council until September is fine. Perhaps there can be a smaller extension and then use the mechanisms you suggest.

On those, a Wiki link is NOT acceptable. The statements need to be integrated into the report.

I STRONGLY suggest that past whatever the initial publication deadline is, you publish a REVISED report incorporating new statements no less than once a week. That way whenever someone pulls the report, they get the most recent version. The effort to insert a statement and recreate the PDF is minimal and this gives the minority statement the respect that they are due.

Alan

At 2020-07-25 04:52 AM, Rafik Dammak wrote:
hi,

As you know, we were asked by the GNSO council to submit a final report by 31st July at the latest. I don't have the mandate or the ability to change that.

However to respond to this request to the extent of possible and permissible, we will have a wiki page where minority statements will get posted and include that link in an annex to the Final Report. The other option in the same fashion would be to get the annex attached to the final report when ready and still submitting the final report by the deadline. Whatever is received by the deadline will go in immediately into the report and anything after that will just get added later. This would allow for a timely submission of the Final Report, while groups can still take time to finalize their minority statements. I will communicate clearly to the GNSO Council when the final report is submitted that other minority statements are still forthcoming.

The deadline for submissions is 24th August but I strongly urge groups to submit theirs when ready and not waiting till the last minute. That will help for GNSO council consideration in a timely manner.  I will also note that Council would only be able to start considering at the earliest in September instead of August.

Best Regards,

Rafik

Le sam. 25 juil. 2020 Ã  01:40, Kapin, Laureen via Gnso-epdp-team <gnso-epdp-team at icann.org<mailto:gnso-epdp-team at icann.org> > a Ã©crit :
Dear colleagues,

  Please note our request for more time to complete Minority Statements.

Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

From: Kapin, Laureen
Sent: Friday, July 24, 2020 12:36 PM
To: Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com> >
Cc: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org> >; 'alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>' <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca> >; Margie Milam <margiemilam at fb.com<mailto:margiemilam at fb.com>>; King, Brian ( Brian.King at markmonitor.com<mailto:Brian.King at markmonitor.com>) < Brian.King at markmonitor.com<mailto:Brian.King at markmonitor.com>>; LEWIS-EVANS, Christopher < Christopher.Lewis-Evans at nca.gov.uk<mailto:Christopher.Lewis-Evans at nca.gov.uk>>; Georgios.TSELENTIS at ec.europa.eu<mailto:Georgios.TSELENTIS at ec.europa.eu>; Manal Ismail (manal at tra.gov.eg<mailto:manal at tra.gov.eg>) <manal at tra.gov.eg<mailto:manal at tra.gov.eg>>
Subject: Extension of time until August 24, 2020 for Minority Statements

Dear Rafik,

  On behalf of the GAC, ALAC, BC, and IPC, we are requesting until August 24th to submit our Minority Statements.  Regrettably, the final stages of this process were quite rushed as stakeholder groups were asked to review, digest, and confer over large amounts of material that raised complex issues.  Over the last week, we attempted to identify and prioritize our concerns and resolve the scores of remaining issues.  Despite three lengthy  meetings, there was not sufficient time to discuss, much less resolve many crucial matters. Notably, we barely discussed the important category of issues that stakeholder groups would like to see changed.  There was also considerable confusion over the final resolution of certain issues.

  As a result, we will need time to carefully review the now final version of the EPDP Report to pinpoint and finalize what will comprise the issues included in our minority statements.  Like other stakeholder groups,  the GAC has formal procedures for conferring with our members.  This is an iterative process that requires time for membership to review proposed text, ask questions, and consider revisions until a final agreement is reached. This task is made more difficult due to the complexity of the subject matter and intervening religious and summer holidays.  The Minority Statements are a crucial part of the multistakeholder model and for many groups will be the only opportunity to express and explain their concerns as part of the Final Report.  Accordingly, we will need until August 24th to complete this important responsibility.  We will try to submit our Minority Statements earlier than that if possible.  We appreciate your understanding.

Kind regards,

Laureen Kapin
Counsel for International Consumer Protection
Federal Trade Commission
(202) 326-3237

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