[Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader (DISCUSSION PERIOD)

Greg Shatan gregshatanipc at gmail.com
Sat Oct 7 04:04:22 UTC 2017


Anne,

To answer your question: "How will you avoid bringing pre-conceived desired
outcomes into the discussion in your role as Co-Chair?"

I think that neutrality is at the core of being a group or subgroup chair
or co-chair.  It's critical not to begin with preconceived notions, which
will only keep the co-chair from identifying fruitful discussions and
seeing emerging consensus.  It's important to keep an open mind, and be
constantly able to learn and digest knowledge.  There will be many
different perspectives, and many different stakeholders who do have
preconceived notions.  The co-chairs need to rise above all that.  They
need to monitor themselves (and perhaps each other) to avoid getting sucked
into preconceived outcomes or positions.

They co-chairs need to help the group find their own answers. But they also
have to help others in the group to keep (or in many cases, gain) an open
mind.  The co-chairs will need to move people away from positions and
toward dialogue, and then move from dialogue to "common ground".   I have
particularly admired Working Group chairs who are able to move the
discussion along, without any appearance of a desired outcome or a viewpoint

But neutrality is not the same thing as being a blank slate.  I think it's
both necessary and appropriate to bring some principles into the role.  If
sound principles and methods are used, the group will have the best chance
of achieving a sound outcome, whatever it may be.  Principles that are
important to me:

-- Develop a good work plan and stick to it, but not slavishly.  Some
flexibility and improvisation is important, so that the group can get
beyond preconceived notions.  At the same time, working group and subgroups
have a beginning, a middle and an end.  If you can't get to the end, that's
not a good outcome.  Even ending a group well-explored divergence is
preferable to getting marooned in an endless middle.

-- Respect facts.  We can all learn from facts, and we should try to
understand the various facts and issues at play.  There may be times when
some participant refuse to accept facts, or refuse to accept others in the
group as having a grasp of the facts.  Sometimes, we've needed to turn to
outside experts to come in, and they almost always tell us what most had
already accepted.  Nonetheless, it can be useful to do so when some
participants are wary of others and don't feel they can trust that they are
being told the neutral facts.


-- Respect laws, but avoid being legalistic -- for our purposes, laws can
almost be seen as facts.  They are part of the fixed landscape we need to
deal with.  On the other hand, we need to help the group look beyond the
law to consider policy and values, and to remember fundamentals that may
have been more apparent before the lawyers got here and ruined everything.
:-)  Permissionless innovation is one such fundamental (that's not the same
thing as lawless innovation, of course, but the point is to leave as much
room as possible for organic growth and change.


-- Try to keep the group concentrating on substance and try to minimize
procedural tussles, gamesmanship, "litigation" and rhetoric.  There are
lots of ways a group can lose time, lose its way or lose momentum. Fatigue
over non-substantive matters can grind the life out of a group before
serious substance is discussed.


--  Give a discussion room to grow and develop, but don't be (too) afraid
to try to pick out possible areas of consensus and encourage their
development.  If the co-chair lets the conversation meander, or get
hijacked, or get stuck going in circles, the chance of something fruitful
coming out of it goes down and down as things drag on.  Help the group
separate the wheat from the chaff, but be fair in doing so.


I will admit to one preconceived notion, though I don't think it is a
preconceived outcome.  I believe that a GNSO PDP Working Group is the right
place for these issues to be tackled.  As a Supporting Organization, we
have one overarching job, which is to develop, in Working Groups open to
all, policy recommendations for gTLDs.  The GNSO is not itself a
"stakeholder organization" and I think that needs to be emphasized.  We
don't represent a single point of view, and the "private sector" is not a
single group or a type of "special interest."  We do come together in the
desire for a better Internet (even if we don't agree completely on what
that means) and a desire not to lose an ethos that guided the Internet from
the beginning.  The Internet itself is voluntary and transcends boundaries.

Finally, I have no preconceived notions as an IP/tech lawyer about where
this should end up, and no client, organization or group that I have to
answer to (other than the GNSO as a whole).  Both in terms of time
commitment and neutrality, I think it's important to let you know that my
term as IPC President will end in less than two months, which will free me
up (in more ways than one) to take on this responsibility.

Thank you for your consideration.

Greg


On Fri, Oct 6, 2017 at 11:23 AM, Aikman-Scalese, Anne <AAikman at lrrc.com>
wrote:

> Many thanks Carlos for your thoughtful answers and not being afraid to go
> to substance.    I have always understood the role of a Co-Chair (and in
> fact have insisted on that role being followed quite recently in a
> different subteam).    I assume all four candidates are qualified to assume
> a Co-Chair role and just wanted to dig a bit deeper and you have done that.
>   Your comments make sense to me and reflect a very thoughtful approach.
>
>
>
> Very sorry indeed about the hurricane – and wishing Costa Rica a rapid
> recovery.
>
> Anne
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 700
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
> *From:* Carlos Raul Gutierrez [mailto:crg at isoc-cr.org]
> *Sent:* Friday, October 06, 2017 2:19 AM
> *To:* Aikman-Scalese, Anne
> *Cc:* Steve Chan; Mike Rodenbaugh; Rob Hall; gnso-newgtld-wg at icann.org
>
> *Subject:* Re: [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> Hello Anne,
>
> I trust your second question is palatable to all involved. In any case I
> would like to give it a try.
>
>
>
> So lets discuss it because I'm afraid i carry a lot of ideas with me and I
> hope I can apply them in a positive way. If it disqualifies me for the role
> of a Co-Chair, so let it be!
>
>
>
> I have  few points to make, based on recent experience where the Co-Chairs
> are expected to play an important role:
>
> 1. *Looking for clear defined boundaries* of the discussion: I think that
> the <*dot.cities*> in the last round have been successful to certain
> degree: at least they are proof that there is demand for some category
> (this word has been selected on purpose) of GeoNames, that is much narrower
> than just <Country and Territory Names>. In that sense the WT5 should be
> able to make progress beyond the previous ccNSO WG on the one side, and the
> previous ccNSO-GNSO CWG on the other. So we need to recognize the necessity
> to go BEYOND Country and Territory names, just because <dot.cities> and
> <dot.geo-adjectives> like .swiss have stepped forward without many
> restrictions.
>
> 2. *Being based in permission-less innovation*: I'm a strong believer
> that the expansion of the DNS is a window to innovation, as the previous
> round shows and my first point proves (dot.cities), even if the
> registration numbers are how-ever low. I think that delegation&registration
> is a better path forward than any list of protected names (as the recent
> case of a famous river shows!). So I believe there should be an expansion
> in GeoNames for competition purposes, but also to open up space for some
> cultural and linguistic values*,* without having to dicsuss those value
> other than the geographic are where do you find them. The reason why this
> is necessary, is based just in the fac that we have already made space for
> new gTLDs for purely linguistic reasons, as it is the case of the IDNs.
> 3. *Looking forward to a strong consensus for the recommendations*: I
> think the WT5 has to avoid coming up with a long laundry list of ideas
> trying to please everybody, and look for a minimum set of recommendations
> that is carried by a very very strong consensus so it really survives into
> the next round.
>
> 4. *Respect for established rules of the game*. In my expression of
> interest I tried to make clear that some pieces of the cake, like (a) the
> 2-letter codes for Country and Territory names is the basis for the ccTLDs
> and (b) the global standard for trademarks are not for grabs! They have
> been there for quite some time and it is not our task to try to change them
> (even if I don't like them a lot...)
>
>
>
>
>
> So, in a nutshell I'm not afraid to say that I think I better represent
> the GNSO in terms of being:
>
>
>
> * positively pro-expansion of the DNS space for the interest of smaller
> and less business oritned groups of people, and
>
>
>
> ** pro policy based general frameworks (as opposed to restrictive lists)
>
> than if I try to would represent either the GACs, the ccNSO or ALACs in
> the WT5 Leadership (ALAC being the other part of the community I could have
> considered representing).
>
> So, my cards are on the table dear Anne. And I hope that by following up
> the 4 rules above (and any other that you or the WT5 may agree on)  my
> prejudices and appetites will be kept under control!
>
> I wish you all a nice and quiet weekend, while we mourn in Costa Rica the
> few deaths and destruction of tropical storm Nate, which is hitting us hard
> even if much lighter than other recent storms. Hope Nicaragua and Honduras
> don't suffer too much today and tomorrow.
>
>
>
>
> Carlos Raúl Gutiérrez
> ISOC Costa Rica Chapter
> skype carlos.raulg
> +506 8837 7176 <+506%208837%207176>
> ________
> Apartado 1571-1000
> COSTA RICA
>
>
>
> On Thu, Oct 5, 2017 at 7:34 PM, Aikman-Scalese, Anne <AAikman at lrrc.com>
> wrote:
>
> Great reminder.  I think that what I was trying to get at was the issue of
> bias and pre-conceived notions.
>
>
>
> SO THE QUESTION TO ALL CANDIDATES IS:
>
>
>
> How will you avoid bringing pre-conceived desired outcomes into the
> discussion in your role as Co-Chair?
>
>
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 700
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
> *From:* gnso-newgtld-wg-bounces at icann.org [mailto:gnso-newgtld-wg-
> bounces at icann.org] *On Behalf Of *Steve Chan
> *Sent:* Thursday, October 05, 2017 6:32 PM
> *To:* Mike Rodenbaugh; Rob Hall
> *Cc:* gnso-newgtld-wg at icann.org
>
>
> *Subject:* Re: [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> Mike, Rob, Anne, all,
>
>
>
> Indeed, the role of Chair is to manage the process. Please see section
> 2.2.1 of the GNSO Working Group Guidelines here:
> https://gnso.icann.org/en/council/annex-1-gnso-wg-
> guidelines-01sep16-en.pdf and additional detail in the description
> attached.
>
>
>
> While perhaps a minor point, I’d note that the WG is seeking to appoint a
> GNSO co-lead for a sub team rather than a WG chair, though the guidance is
> likely still relevant and informative.
>
>
>
> Best,
>
> Steve
>
>
>
>
>
>
>
>
>
> *From: *<gnso-newgtld-wg-bounces at icann.org> on behalf of Mike Rodenbaugh <
> mike at rodenbaugh.com>
> *Date: *Thursday, October 5, 2017 at 4:51 PM
> *To: *Rob Hall <rob at momentous.com>
> *Cc: *"gnso-newgtld-wg at icann.org" <gnso-newgtld-wg at icann.org>
> *Subject: *Re: [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> Agreed.  Discussion of potential co-chairs should be purely procedural,
> and should not involve discussion of substantive WG issues.  I imagine the
> WG Guidelines might have some guidance on that point, which Staff might
> please point out?
>
>
>
> Thanks,
>
> Mike
>
>
> Mike Rodenbaugh
>
> RODENBAUGH LAW
>
> tel/fax:  +1.415.738.8087 <(415)%20738-8087>
>
> http://rodenbaugh.com
>
>
>
> On Thu, Oct 5, 2017 at 4:36 PM, Rob Hall <rob at momentous.com> wrote:
>
> Perhaps I am being naïve, but is the answer not contained in your question
> ?
>
>
>
> The job of a co-chair is to facilitate discussion.
>
>
>
> The group decides what is worth more time or not.  The Chairs job is to
> facilitate the will of the group.
>
>
>
> A chair is not a CEO.   They do not lead.  They facilitate.  They keep the
> group on point and moving forward productively.
>
>
>
> I am not sure we should be choosing a chair based on their opinions of
> specific issues.   To me, it is far more important they understand the role
> of chair as opposed to what their opinion on any one issue is.
>
>
>
> Rob.
>
>
>
>
>
>
>
> *From: *<gnso-newgtld-wg-bounces at icann.org> on behalf of "Aikman-Scalese,
> Anne" <AAikman at lrrc.com>
> *Date: *Thursday, October 5, 2017 at 7:07 PM
> *To: *"Aikman-Scalese, Anne" <AAikman at lrrc.com>, 'Jeff Neuman' <
> jeff.neuman at comlaude.com>, "gnso-newgtld-wg at icann.org" <
> gnso-newgtld-wg at icann.org>
> *Subject: *Re: [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> Or more appropriately phrased, How would you as Co-Chair, facilitate
> discussion on the matters in 1 – 4 below and are some worth more time than
> others in the discussion?
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 700
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
> *From:* gnso-newgtld-wg-bounces at icann.org [mailto:gnso-newgtld-wg-
> bounces at icann.org] *On Behalf Of *Aikman-Scalese, Anne
> *Sent:* Thursday, October 05, 2017 4:03 PM
> *To:* 'Jeff Neuman'; gnso-newgtld-wg at icann.org
> *Subject:* Re: [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> QUESTION FOR ALL THE CANDIDATES  (SINCE I’M SURE THEY HAVE ALL THOUGHT
> ABOUT THIS):
>
>
>
> How do you propose to balance the interests of governments with those of
> other applicants for names that do not constitute city or country names,
> but have some “geographic identity”?  (Please consider regions, rivers,
> etc.)
>
>
>
> Would you
>
>    1. Give priority to government-based applications in the event there
>    are competing applications for the same name?
>
>
>
>
>
>    1. Establish a Government Objection process whereby competing
>    interests could be weighed?  If so, what criteria would be measured by the
>    Panel that could result in a successful Government Objection Process?
>
>
>
>
>
>    1. Require government approval for all applications having “geographic
>    identity” even if not a city or country name?
>
>
>
>
>
>    1. Give priority to brand applications if the brand (that is not a
>    city or country) has long-standing trademark recognition and value
>    independent of its “geographic identity”?
>
>
>
>
>
>
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 <(520)%20629-4428> office
>
> 520.879.4725 <(520)%20879-4725> fax
>
> AAikman at lrrc.com
>
> _____________________________
>
> Lewis Roca Rothgerber Christie LLP
>
> One South Church Avenue, Suite 700
>
> Tucson, Arizona 85701-1611
>
> lrrc.com
>
>
>
> *From:* gnso-newgtld-wg-bounces at icann.org [mailto:gnso-newgtld-wg-
> bounces at icann.org <gnso-newgtld-wg-bounces at icann.org>] *On Behalf Of *Jeff
> Neuman
> *Sent:* Sunday, October 01, 2017 8:09 AM
> *To:* gnso-newgtld-wg at icann.org
> *Subject:* [Gnso-newgtld-wg] Candidates for the GNSO WT 5 Co-Leader
> (DISCUSSION PERIOD)
>
>
>
> All,
>
>
>
> As discussed on our last call, Avri, Cheryl and I have asked each of the
> candidates for the GNSO Co-Leader position on Work Track 5 (GNSO Co-Leader)
> if they would object to public disclosure of their names and expressions of
> interest for the position.  I am happy to report that each of the
> candidates have agreed.  In addition, we received one additional candidate
> since our last meeting.  Nominations for candidates are now closed.
>
>
>
> The four candidates for the GNSO Co-Leader position are (in alphabetical
> order):
>
>
>
>    1. Ching Chiao
>    2. Carlos Raul Gutierrez
>    3. Greg Shatan
>    4. Martin Sutton
>
>
>
> I have attached each of their expressions of interest.  By the publication
> of these names, the leadership of the SubPro PDP Working Group is kicking
> off a discussion period on the candidates.  Keeping in mind ICANN’s
> standards of expected behavior, questions and comments about the candidates
> may now be posted.    If you have a question for one or more particular
> candidates, please make sure that you include the words “QUESTION FOR
> _________” in the subject or QUESTION FOR ALL CANDIDATES.  This is not
> required, but will help us keep track of all the questions so that we can
> make sure that they are answered.
>
>
>
> Finally, ass discussed, it is our intention as a leadership team (The
> Co-Leaders of the full working group along with the WT 1-4 co-leaders) to
> discuss our recommendation on our next call scheduled for Monday, October 9
> th based on the discussions, comments and questions on this list.
>
>
>
> Please let us know if you have any questions.
>
>
>
> Best regards,
>
>
>
> *Jeffrey J. Neuman*
>
> *Senior Vice President *|*Valideus USA* | *Com Laude USA*
>
> 1751 Pinnacle Drive, Suite 600
>
> Mclean, VA 22102, United States
>
> E: jeff.neuman at valideus.com or jeff.neuman at comlaude.com
>
> T: +1.703.635.7514 <(703)%20635-7514>
>
> M: +1.202.549.5079 <(202)%20549-5079>
>
> @Jintlaw
>
>
>
>
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