[Gnso-igo-ingo-crp] - Legal Expert Follow-Up

Paul Keating Paul at law.es
Thu Sep 24 10:29:23 UTC 2015


Steve,

Thank you for your reply.  Having reviewed my email of last night I can
see my frustration.  It is not directed at you personally and I hope it
was not taken that way.  I simply cannot stress enough the risk that we
are facing as a WG bro become irrelevant in the discussion.


On 9/24/15 12:36 AM, "Steve Chan" <steve.chan at icann.org> wrote:

>Paul,
>
>I realized after sending the email that the WG would want to know why the
>candidates removed their names from consideration, so thanks for asking
>the question. David Stewart removed his name because of availability
>issues and Mark Feldman removed his name because of concerns about the
>scope of work, as well as the timeline. There were also budget concerns
>for Mr. Feldman as you’ll recall.
>
>Mr. Bellinger was informed that his rate was substantially higher than the
>budget and as far as I am aware, did not indicate there was much room for
>negotiation with the current scope of questions. Jim might have more
>information as he was primarily responsible for these conversations.
>
>Finally, I understand your frustrations and staff shares your concern
>about pace, as well as the sudden lack of qualified candidates. We will
>continue to try and move things forward as best we can.
>
>Best,
>Steve
>
>
>
>
>On 9/23/15, 3:00 PM, "Paul Keating" <paul at law.es> wrote:
>
>>Steve
>>
>>Thanks for the response. I have several
>>Questions/comments.
>>
>>Why did they remove their names
>>
>>Did Bellinger receive follow up contact to reconsider rates (that was
>>decided as a thing to do if I recall correctly). Did he not agree to
>>change his rates?
>>
>>I am very concerned about timing and delays. I have raised this before as
>>it provides an excuse to ignore our work and only consider the response
>>from the 'secret' (my term) group working for the GAC.
>>
>>We need to get this moving. I personally am growing tired of what I
>>perceive as a lack of support from ICANN given that the need for outside
>>legal assistance was raised months ago and we still have no such
>>assistance. The initial "opinion" letter was not serious IMHO and the
>>fact that this was even considered as a potential solution to the need is
>>a negative IMHO. 
>>
>>
>>I am sorry to be so frank but feel it needs saying.  I doubt very much we
>>would - as a WG- be seeing the same sort of delays of this were an issue
>>for the ICANN board.
>>
>>Sincerely,
>>Paul Keating, Esq.
>>
>>> On Sep 23, 2015, at 11:50 PM, Steve Chan <steve.chan at icann.org> wrote:
>>> 
>>> George,
>>> 
>>> Thanks for the follow-up email. We did in fact receive response from
>>>the
>>> candidates, but unfortunately, not of the nature that we were seeking.
>>>Two
>>> of the candidates (David Stewart and Mark Feldman) removed their names
>>> from consideration and John Bellinger¹s preliminary rate is
>>>considerably
>>> higher than the allocated budget for this work. However, Mr. Bellinger
>>>was
>>> kind enough to provide another name for consideration that, with Jim
>>> Bikoff¹s assistance, staff is currently reaching out to determine his
>>> level of interest and ability to assist (taking into account timing and
>>> budget concerns as well). His name is Edward Swaine and he is a law
>>> professor at George Washington University
>>> (http://www.law.gwu.edu/Faculty/profile.aspx?id=10968). While we await
>>> response from him, it would be useful if WG members could review his CV
>>> and other background information to ensure that there is support for
>>> pursuing this candidate.
>>> 
>>> Apologies for not providing an update earlier and I regret that the
>>>news
>>> is not more positive at this juncture.
>>> 
>>> Best,
>>> Steve
>>> 
>>> 
>>> 
>>> 
>>> 
>>>> On 9/23/15, 11:10 AM, "George Kirikos" <icann at leap.com> wrote:
>>>> 
>>>> Just following up on the earlier email from Steve to see whether the
>>>> candidates responded by September 18th, as it's now the 23rd and I
>>>> don't think their responses were sent to this working group's mailing
>>>> list.
>>>> 
>>>> Sincerely,
>>>> 
>>>> George Kirikos
>>>> 416-588-0269
>>>> http://www.leap.com/
>>>> 
>>>> 
>>>> 
>>>>> On Fri, Sep 11, 2015 at 6:21 PM, Steve Chan <steve.chan at icann.org>
>>>>>wrote:
>>>>> Dear WG Members,
>>>>> 
>>>>> The purpose of this message is to inform you all that pursuant to the
>>>>> agreed
>>>>> upon actions on Wednesday¹s WG call, staff has worked with the
>>>>> co-chairs to
>>>>> prepare a brief follow-up message to the three final candidates
>>>>>(I.e.,
>>>>> John
>>>>> Bellinger, David Stewart, and Mark Feldman), which was just sent a
>>>>>short
>>>>> while ago. The message seeks response by COB Friday, 18 September
>>>>>2015
>>>>> or
>>>>> earlier, after which responses will be shared with WG members to help
>>>>> reach
>>>>> agreement on a candidate. If you have any questions, please let me
>>>>>know.
>>>>> 
>>>>> Have a great weekend.
>>>>> 
>>>>> Best,
>>>>> 
>>>>> 
>>>>> 
>>>>> Steven Chan
>>>>> Sr. Policy Manager
>>>>> 
>>>>> ICANN
>>>>> 12025 Waterfront Drive, Suite 300
>>>>> 
>>>>> Los Angeles, CA 90094-2536
>>>>> steve.chan at icann.org
>>>>> 
>>>>> direct: +1.310.301.3886
>>>>> mobile: +1.310.339.4410
>>>>> 
>>>>> tel: +1.310.301.5800
>>>>> 
>>>>> fax: +1.310.823.8649
>>>>> 
>>>>> 
>>>>> _______________________________________________
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>>>>> Gnso-igo-ingo-crp at icann.org
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