[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.
Alan
At 2020-12-23 01:29 PM, Aikman-Scalese, Anne wrote:
>Iâm 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
>âConsensusâ or âStrong Supportâ. I
>would expect to see many âConsensusâ
>designations and âStrong supportâ
>designations by Leadership for various Recommendations.
>Anne
>
>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
>
>[EXTERNAL]
>
>----------
>+1
>
>Marc H. Trachtenberg
>Shareholder
>Chair, Internet, Domain Name, e-Commerce and Social Media Practice
>Greenberg Traurig, LLP
>77 West Wacker Drive | Suite 3100 | Chicago, IL 60601
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><https://www.gtlaw.com/en/professionals/t/trachtenberg-marc-h>View
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>
>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
>
>*EXTERNAL TO GT*
>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?
>
>Alan
>
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