[Gnso-igo-ingo] Fw: Proposed agenda for the first meeting of this reconvened PDP Working Group on Red Cross names

Tue Jun 13 21:51:12 UTC 2017

To be clear, I was not taking the position we must refuse membership to
anyone not in the original group.  I was however taking the position that
this raised some procedural questions, both generally and in this
particular set of facts, that should be recognized

Generally -- I don't know if we have ever had a "reconvened" or "reformed"
GNSO Working Group pursuant to Section 16 before.  The process of
reconvening the group (beyond contacting the original group) is ad hoc, and
whatever we do here sets a precedent.  Decisions will need to be made about
how to populate the group based on who actually returns to the group and
who is added to the group, the composition and balance of the group could
be significantly different.  It will be up to the Chair, and ultimately the
GNSO Council, to determine whether the composition is appropriate, based on
GNSO Procedures and Working Group Guidelines.  Having given one group the
opportunity to supplement the original Working Group, other Stakeholder
Groups and Constituencies and other Supporting Organizations and Advisory
Groups should be given the same opportunity -- both to replace members who
may have moved on and to add new members who are not replacing anybody.
This does not require an open call for volunteers.  All it requires is an
email to the SO/AC/SG/C/RALO chairs advising them of this opportunity.
That would be sufficiently transparent and fair.

In this particular set of facts -- it is not common for a Working Group to
be convened (or reconvened) solely to deal with issues that affect a single
stakeholder (or that stakeholder and its affiliates).  As a matter of fact,
I can't think of any time that this happened, though I am not as
experienced as some.  But that is what we have here.  It might strike some
as peculiar for that stakeholder's very first act in the (re)convening of
that group to be a request to add several new members sympathetic to its
positions.  The addition of several new members to a relatively small group
can have a significant impact on the group's outcome.  I'm not suggesting
any ulterior motives and I accept Jorge's explanation.  Nonetheless, it
would be good to dispel even the merest appearance of seeking to modify the
composition of the group to achieve a more favorable outcome.  Again, this
can be accomplished by the email to the various chairs.  While this request
may be innocent in this instance, it is not difficult to imagine a future
situation where a group attempted to "pack" a reconvened group, seeking to
take advantage of the fact that there won't be an open call for new members.

Consistent with the above, my request of staff is simple -- to send an
email to the various chairs advising them that their groups should consider
replacing members that are not showing up and also can add additional
members to this group as well.  That will get us started on the right foot.

Greg

On Tue, Jun 13, 2017 at 10:21 AM, Novoa, Osvaldo <onovoa at antel.com.uy>
wrote:

> +1.  That is what we, the original members, have to do also.  The report
> was quite extensive and comprehensive.
>
> Best regards,
>
> Osvaldo
>
>
>
>
>
> *De:* gnso-igo-ingo-bounces at icann.org [mailto:gnso-igo-ingo-bounces@
> icann.org] *En nombre de *Chuck Gomes Consulting
> *Enviado el:* lunes, 12 de junio de 2017 09:40 p.m.
> *Para:* 'Greg Shatan'; gnso-igo-ingo at icann.org
> *Asunto:* Re: [Gnso-igo-ingo] Fw: Proposed agenda for the first meeting
> of this reconvened PDP Working Group on Red Cross names
>
>
>
> I don’t think we could legitimately refuse new members because of the
> ongoing openness of WGs but I still believe that new members have a
> responsibility to review and try to get up to speed on the work that was
> already done.  At a minimum they need to review the final report and from
> there they should go back and review things that they need more clarity on.
>
>
>
> Chuck
>
>
>
> *From:* gnso-igo-ingo-bounces at icann.org [mailto:gnso-igo-ingo-bounces@
> icann.org <gnso-igo-ingo-bounces at icann.org>] *On Behalf Of *Greg Shatan
> *Sent:* Monday, June 12, 2017 9:05 AM
> *To:* gnso-igo-ingo at icann.org
> *Subject:* Re: [Gnso-igo-ingo] Fw: Proposed agenda for the first meeting
> of this reconvened PDP Working Group on Red Cross names
>
>
>
> I thought that Stephane's request raised an interesting procedural
> question/quandary, and I was a little surprised to see it granted without
> discussion.
>
>
>
> The PDP Manual is rather sparse, stating only that the first step in the
> amendment/modification process is that: "The PDP Team is reconvened or, if
> disbanded, reformed, and should be consulted with regards to the proposed
> amendments or modifications;"
>
>
>
> I had thought of this as "getting the band back together again," i.e.,
> bringing together the team that had participated in the original PDP
> process so they could be consulted based on their experience and expertise
> gained through the deliberations of the Working Group.  As such I had the
> idea that the reconvened WG was limited to the pre-existing members of the
> WG.
>
>
>
> Of course, Working Groups are generally open to new participants at any
> time, unless stated otherwise, and subject to certain limitations (i.e.,
> later joiners must read the existing documents, etc. of the group and may
> not re-open decided points absent compelling new evidence).  It was just
> not clear to me that this general rule applied to a reconvened working
> group, given my understanding of why the "old" group is reconstituted
> rather than just forming a new group.
>
>
>
> If the general rule applies, and the group is open to new members, doesn't
> it then make sense to put out a general call for new members?  We should
> allow all stakeholders the same opportunity, rather than  having new
> membership be "by invitation only."
>
>
>
> To me, the current situation is a somewhat uncomfortable midway point
> between bringing the old gang together and essentially convening a new
> group under the name of the old one.
>
>
>
> It would be unfortunate to start our work with a procedural irregularity,
> particularly where the invitation for selected new members to participate
> has come from the party that is inarguably most interested in the outcome
> of this process.  This could set an unfortunate precedent for future work
> under Section 16.
>
>
>
> I look forward to the thoughts of others.  Apologies that I cannot be on
> Wednesday's call to raise the issue.
>
>
>
> Best regards,
>
>
>
> Greg
>
>
>
> On Mon, Jun 12, 2017 at 6:28 AM, Stephane Hankins <shankins at icrc.org>
> wrote:
>
> Dear Mary,
>
> Many thanks for the agenda of the first call of the reconvened PDP Working
> Group, just received.
>
> On Jorge Cancio's suggestion, could you kindly consider to add the names
> and e-mails of Thomas Schneider, Jorge Cancio and Mark Carvell to the
> distributions' list and invitations for the reconvened PDP Working Group
> meeting calls. It is important that the voice of member States of the GAC
> be also, and as far as possible, represented.
>
> Could you also kindly add Charlotte's name and e-mail as well (Charlotte
> Lindsey: clindsey at icrc.org).
>
> With thanks and kind regards,
>
> Stéphane
>
>
> Stéphane J. Hankins
> Legal adviser
> Cooperation and coordination within the Movement
> International Committee of the Red Cross
> Tel (direct line): ++0041 22 730 24 19
>
> ----- Forwarded by Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC on
> 12.06.2017 12:11 -----
>
> From:        Mary Wong <mary.wong at icann.org>
> To:        "gnso-igo-ingo at icann.org" <gnso-igo-ingo at icann.org>
> Date:        12.06.2017 12:00
> Subject:        [Gnso-igo-ingo] Proposed agenda for the first meeting of
> this reconvened PDP Working Group on Red Cross names
> Sent by:        gnso-igo-ingo-bounces at icann.org
> ------------------------------
>
>
>
>
> Dear all,
>
> Please find below the proposed agenda for this first call of our
> reconvened PDP Working Group, which agenda has been approved by Thomas
> Rickert, our chair:
>
> 1.        Roll call/reminder to updates Statements of Interest
> 2.        Overview of the GNSO policy amendment process (i.e. steps,
> possible outcomes, role of the Council and the Board vis-à-vis the WG etc.)
> (led by GNSO Council Chairs)
> 3.        Review and discussion of the scope of the GNSO Council request
> (led by GNSO Council Chairs/Thomas Rickert)
> 4.        Recap of why and what brought us here (i.e. overview of the
> Copenhagen facilitated discussions highlighting the post-PDP developments
> (GAC advice) and the limited nature of the list of Red Cross names) (led by
> GNSO Council Chairs/Thomas Rickert)
> 5.        Recap and review of the original policy recommendations (led by
> Thomas Rickert)
> 6.        Discussion of a possible timeline for the WG and reporting back
> to the GNSO Council (led by Thomas Rickert)
> 7.        Next steps/next meeting
>
>
> For this first meeting, you may find the following links helpful:
>
>    - GNSO Council request to initiate this policy amendment process -
>    https://gnso.icann.org/en/council/resolutions#20170503-071
>    <https://gnso.icann.org/en/council/resolutions#20170503-071>
>    - The GNSO PDP Manual (this policy amendment process is described in
>    Section 16) - https://gnso.icann.org/en/council/annex-2-pdp-manual-
>    01sep16-en.pdf
>    - The original (Nov 2013) Final Report from our Working Group -
>    https://gnso.icann.org/en/issues/igo-ingo-final-10nov13-en.pdf
>    <https://gnso.icann.org/en/issues/igo-ingo-final-10nov13-en.pdf> (the
>    Minority Statements can be found here: https://gnso.icann.org/en/
>    issues/igo-ingo-final-minority-positions-10nov13-en.pdf
>    <https://gnso.icann.org/en/issues/igo-ingo-final-minority-positions-10nov13-en.pdf>
>    )
>    - Transcript and recording from the ICANN58 GAC-GNSO facilitated
>    dialogue on Red Cross names - http://schd.ws/hosted_files/
>    icann58copenhagen2017/39/Transcript%20IGO%20Red%20Cross%2011%20March%
>    20Copenhagen.pdf
>    <http://schd.ws/hosted_files/icann58copenhagen2017/39/Transcript%20IGO%20Red%20Cross%2011%20March%20Copenhagen.pdf>
>    (transcript);  http://audio.icann.org/meetings/cph58/cph58-OPEN-
>    2017-03-11-T0655-hallc14-oQgDtIEBJGGxfDtpEgbCTflp7NUkfeeE-en.m3u
>    <http://audio.icann.org/meetings/cph58/cph58-OPEN-2017-03-11-T0655-hallc14-oQgDtIEBJGGxfDtpEgbCTflp7NUkfeeE-en.m3u>
>    (recording)
>
>
> Thanks and cheers
> Mary
>
>
> *From: *Mary Wong <mary.wong at icann.org>
> * Date: *Friday, June 9, 2017 at 01:52
> * To: *"christopher.lamb17 at gmail.com" <christopher.lamb17 at gmail.com>, "
> gnso-igo-ingo at icann.org" <gnso-igo-ingo at icann.org>
> * Subject: *Scheduling the first meeting of this reconvened PDP Working
> Group on Red Cross names
>
> Dear all,
>
> Thank you to everyone who has responded, and for those who have not, we
> will be grateful if you can let us know whether you will be available to
> participate in the consultation with the GNSO Council concerning a proposed
> amendment to the policy recommendation developed by this Working Group in
> relation to Red Cross National Society and international movement names.
>
> Following consultations with Thomas Rickert, the Chair of this Working
> Group, and the GNSO Council leadership, staff will be scheduling the first
> call on this topic for *Wednesday 14 June at 1800 UTC*. Please look out
> for a calendar invitation and call-in details shortly.
>
> For those who are intending to participate in this reconvened Working
> Group but who cannot make that first call, please note that the call will
> be recorded and transcribed, as is the case for all GNSO Working Group
> discussions and meetings.
>
> Thanks and cheers
> Mary
>
> *From: *"christopher.lamb17 at gmail.com" <christopher.lamb17 at gmail.com>
> * Date: *Thursday, June 8, 2017 at 11:20
> * To: *Mary Wong <mary.wong at icann.org>, "gnso-igo-ingo at icann.org" <
> gnso-igo-ingo at icann.org>
> * Subject: *[Ext] Re: [Gnso-igo-ingo] PLEASE READ: Reconvening this
> Working Group - a message from GNSO Council Chairs
>
> Dear Mary,
>
> Thanks very much for this.  I’m not sure that I will have a lot to
> contribute beyond my support for the consensus, but I’m happy to be part of
> the action!
>
> All the best
>
> Chris
>
> Christopher Lamb
> 43/27 Flinders Lane
> Melbourne 3000
> +61 423 099 121 <+61%20423%20099%20121> (mobile and WhatsApp)
> +61 3 9942 6679 <+61%203%209942%206679> (fixed)
> Skype: clamb17
>
> *From:* Mary Wong
> *Sent:* Monday, June 5, 2017 20:03
> *To:* gnso-igo-ingo at icann.org
> *Subject:* [Gnso-igo-ingo] PLEASE READ: Reconvening this Working Group -
> a message from GNSO Council Chairs
>
> Dear members of the 2012-2013 Working Group on IGO-INGO Protections in All
> gTLDs,
>
> On behalf of the current GNSO Council Chairs, I write to ask that you read
> the attached letter from them, relating to a reconvening of our Working
> Group for the purpose of consultation about a possible modification of our
> initial policy recommendation concerning certain Red Cross National Society
> and international movement names.
>
> As requested in the letter, the GNSO Council will greatly appreciate your
> reply to this email list, indicating if you will be available to
> participate in that consultation, by *Friday 9 June 2017*.
>
>     Thanks and cheers
>     Mary
>
>
>     Mary Wong
>     Senior Policy Director & Special Adviser for Strategic Policy Planning
>     Internet Corporation for Assigned Names and Numbers (ICANN)
>     Email: mary.wong at icann.org
>     Telephone: +1-603-5744889 <(603)%20574-4889>
>
>
>     On 11/21/13, 15:48, "owner-gnso-igo-ingo at icann.org on behalf of
> Thomas Rickert" <owner-gnso-igo-ingo at icann.org on behalf of
> rickert at anwaelte.de> wrote:
>
>         All,
>         as you will have noted, the GNSO Council has unanimously adopted
> the consensus recommendations made by our WG.
>
>         The collaborative spirit, the timeliness of our work, the time
> spent by all of you and the fact that we came to consensus on many points
> despite the diverse views represented in the WG was very much applauded by
> Council members, Board members and individuals that spoke up.
>
>         It is my pleasure to pass on this commendation to all of you and I
> would like to personally thank all of you again as well as Berry, Mary and
> Marika from ICANN staff for their outstanding work.
>
>         I hope that this e-mail list will continue to exist until such
> time when we know whether the Board will accept the recommendations and
> when it comes to implementing an IRT (Implementation Review Team).
>
>         All the best,
>         Thomas
>
>
>
> ------------------------------
>
>
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