[Gnso-igo-ingo-crp] Members of this PDP have been duped (was Re: FW: [council] Motion and Final Report on Curative Rights PDP)

[George Kirikos]

Hi folks,

Did anyone else actually read yesterday's Motion that is going to GNSO
Council? Rather than voting on the recommendations at the July 19th
council meeting (that was the purported reason we were supposed to
attempt to finish the report by yesterday), the actual resolution
says:

https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-July/001384.html
(in the DOCX attachment)

"2. In view of the need to consider the topic of curative rights
protections for IGOs in the broader context of appropriate overall
scope of protection for all IGO identifiers (including IGO acronyms),
the GNSO Council intends to review this Final Report from the IGO-INGO
Access to Curative Rights Mechanisms PDP Working Group between now and
its August 2018 meeting, with a view toward developing a possible path
forward that will also facilitate the resolution of the outstanding
inconsistencies between GAC advice and prior GNSO policy
recommendations on the overall scope of IGO protections. The GNSO
Council confirms its intention to act on the recommendations that have
been developed by the Working Group at the earliest opportunity
following its review and deliberations on these topics.

3. To this end, ICANN staff is directed to inform the ICANN Board and
the GAC that the IGO-INGO Access to Curative Rights Mechanisms PDP
Working Group has completed its work and forward a copy of the Final
Report to them."

So, who has the incentive to produce a half-complete report? Obviously
it's someone who wants to justify deviating from its recommendations,
if the report's supporting rationale isn't up to snuff (as I
repeatedly pointed out, the draft reports from staff had major
shortcomings).

And now we see that exactly, as per the motion itself, what's going on
--- GNSO Council intends to develop a "path forward" (i.e in other
words,. deviate from the Final Report), and not actually vote on the
Consensus Recommendations in July! In other words, they didn't like
the consensus recommendations, and detractors have rigged the process
to:

a) create an incomplete report, so that they can then justify
rejecting recommendations, and then
b) allow themselves to put in their own recommendations in August or beyond

Contrast this with the preceding IGO PDP, where the final report was
submitted November 10, 2013:

https://forum.icann.org/lists/gnso-igo-ingo/msg01091.html (mangled HTML)
https://forum.icann.org/lists/gnso-igo-ingo/msg01092.html (easier to
read at the bottom of this email instead)

and then they voted to accept it 10 days later at the November 20, 2013 meeting:

https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-council/agenda-gnso-council-20nov13-en.html
https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-council/minutes-gnso-council-20nov13-en.html
https://gnso.icann.org/sites/default/files/filefield_42701/voting-igo-ingo-recommendations-1-6-20nov13-en.pdf
"Item 5: MOTION – To approve the Recommendations for IGO-INGO Protections
...
The motion carried unanimously."

We've been duped, and the process continues to be manipulated. The
process is rigged.

How does GNSO Council (i.e. Susan, Heather, etc.) reconcile
yesterday's "deadline", with the now obvious fact that they aren't
going to be voting on it in July? Also, when is my Section 3.7 call
with Heather or her designated rep going to take place? (given we had
one already with Petter)

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/



On Mon, Jul 9, 2018 at 8:01 PM, Mary Wong <mary.wong at icann.org> wrote:
> Dear all,
>
>
>
> Please be informed that Susan has now submitted a motion and a copy of the
> Final Report to the GNSO Council (see below and attached). As confirmed by
> Susan and Petter to this mailing list, please make sure that you send any
> minority statements that you may wish to have included (and that may include
> other comments that you may wish to make on the topic of this PDP) by 23.59
> UTC on Friday 13 July. Staff will incorporate all minority statements
> received by that time into Annex B of the Final Report, where a placeholder
> for these statements has been added.
>
>
>
> Thank you.
>
>
>
> Best regards,
>
> Mary & Steve
>
>
>
> From: council <council-bounces at gnso.icann.org> on behalf of Susan Kawaguchi
> <susankpolicy at gmail.com>
> Date: Monday, July 9, 2018 at 19:44
> To: GNSO Council List <council at gnso.icann.org>
> Cc: Petter Rindforth <petter.rindforth at fenixlegal.eu>
> Subject: [council] Motion and Final Report on Curative Rights PDP
>
>
>
> Councilors,
>
>
>
> As the Liaison for the Curative Rights PDP I am pleased to submit to Council
> the final PDP working group report and the Motion for Council.
>
>
>
> Respectfully submitted,
>
>
>
> Susan Kawaguchi
>
>
>
> GNSO Councilor for the Business Constituency
>
>
> _______________________________________________
> Gnso-igo-ingo-crp mailing list
> Gnso-igo-ingo-crp at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp