[Gnso-newgtld-wg] Consensus on Recommendations

Alan Greenberg alan.greenberg at mcgill.ca
Wed Dec 23 19:59:06 UTC 2020

In the past, the GNSO Council had not ratified 
recommendations with "Strong Support", but I 
suppose that could be a matter of debate.


At 2020-12-23 01:29 PM, Aikman-Scalese, Anne wrote:
>I’m a little confused.  As far as I know, a 
>Recommendation has consensus under the WG Guidelines if it has either
>(a) Full Consensus
>(b) Consensus, or
>(c) Strong Support.
>What exactly is being put forward? That a 
>Recommendation cannot be made if it does not 
>have Full Consensus?  If that were the case, 
>there would be little point in all the 
>deliberations we have gone through for 
>Recommendations that only achieve 
>“Consensus” or “Strong Support”.  I 
>would expect to see many “Consensus” 
>designations and “Strong support” 
>designations by Leadership for various Recommendations.
>From: Gnso-newgtld-wg 
><gnso-newgtld-wg-bounces at icann.org> On Behalf Of 
>Marc Trachtenberg via Gnso-newgtld-wg
>Sent: Wednesday, December 23, 2020 12:12 AM
>To: alan.greenberg at mcgill.ca; gnso-newgtld-wg at icann.org
>Subject: Re: [Gnso-newgtld-wg] Consensus on Recommendations
>Marc H. Trachtenberg
>Chair, Internet, Domain Name, e-Commerce and Social Media Practice
>Greenberg Traurig, LLP
>77 West Wacker Drive | Suite 3100 | Chicago, IL 60601
>T +1 312.456.1020
>M +1 773.677.3305
><mailto:trachtenbergm at gtlaw.com>trac at gtlaw.com | www.gtlaw.com 
> |  
>GT Biography
>Greenberg Traurig
>From: Gnso-newgtld-wg 
><<mailto:gnso-newgtld-wg-bounces at icann.org>gnso-newgtld-wg-bounces at icann.org> 
>On Behalf Of Alan Greenberg
>Sent: Wednesday, December 23, 2020 12:47 AM
>To: New gTLD SubPro 
><<mailto:gnso-newgtld-wg at icann.org>gnso-newgtld-wg at icann.org>
>Subject: [Gnso-newgtld-wg] Consensus on Recommendations
>I raised an issue during the last call and I 
>wanted to repeat it here for those who were not 
>on the call and have not reviewed the recording.
>Jeff described how the leadership team will 
>assess the level of consensus on recommendations 
>(packages of recommendations if I recall 
>correctly, but that is not relevant here) and 
>state them clearly in the final report.
>For recommendation that achieve a Full Consensus 
>or Consensus (as defined in the PDP Charter), 
>that is fine. But I have a great problem if a 
>"Recommendation" does not achieve either level 
>of Consensus and is still labelled as a "Recommendation".
>Historically most Recommendations coming out of 
>PDPs have WG consensus. Until recently, for the 
>few cases where a "Recommendation" did not have 
>WG consensus, the GNSO Council chose to not 
>endorse it and did not pass it on to the Board.
>That changed recently with the EPDP where the 
>GNSO Council ratified recommendations that did 
>not achieve consensus, including even one with 
>Divergent opinions (defined in the WG Charter as "No Consensus").
>There is no way of knowing how the Board will 
>treat such recommendations, nor how the CURRENT 
>GNSO will react to receiving recommendation s 
>from us that do not have consensus. But I feel 
>that we should be taking a prudent stance going forward.
>We have been very careful only to draft 
>recommendations that seem to have WG consensus. 
>However, until we do the final assessment, we do 
>not know if there is really agreement or not.
>If there is not agreement, that we must delete 
>them as Recommendations. We still of course need 
>to fully document the discussion AND the 
>difference of opinion. But to keep them as a 
>formal recommendation that might be accepted by 
>the GNSO Council and the Board violates our basic operating principles.
>I think that many of us would react poorly to 
>finding a specific recommendation on closed 
>generics where clearly we do NOT have consensus. 
>Why would it be more acceptable to keep other 
>recommendations where the final assessment is 
>that despite what we thought earlier, there is 
>similarly no consensus on the recommendation?
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