[Gnso-newgtld-wg] Consensus on Recommendations

Alan Greenberg alan.greenberg at mcgill.ca
Wed Dec 23 20:50:19 UTC 2020


Anne, as I said, that is subject to discussion 
and your position is probably reasonable. This 
entire subject has many highly contentious issues 
and perhaps we cannot move forward at all without 
accepting some level of disagreement.

But the leadership position would also include 
recommendations with divergent support going forward...

Perhaps there will not be any and this is a moot discussion. Or perhaps not.

Alan

At 2020-12-23 03:28 PM, Aikman-Scalese, Anne wrote:
>Alan,
>My concern here would be that there are some 
>issues that arose from 2012 that the WG tried to 
>address that may not have Consensus per se but 
>that do have Strong Support.   Two examples 
>might be improvements in CPE evaluation 
>championed by the ALAC and transparency 
>requirements in relation to the Auctions 
>process.  There are, in particular, certain 
>interests that may strongly oppose such 
>improvements and may strongly prefer to have a 
>“fallback” to 2012 implementation.  Thus, I 
>think the idea of eliminating improvements to 
>the program that fall under the “Strong 
>Support” designation (as not constituting 
>Recommendations of the WG) is quite dangerous.
>
>Anne
>
>From: Alan Greenberg <alan.greenberg at mcgill.ca>
>Sent: Wednesday, December 23, 2020 12:59 PM
>To: Aikman-Scalese, Anne <AAikman at lrrc.com>; trachtenbergm at gtlaw.com
>Cc: Jeff Neuman <jeff at jjnsolutions.com>; 
>langdonorr at gmail.com; gnso-newgtld-wg at icann.org
>Subject: RE: [Gnso-newgtld-wg] Consensus on Recommendations
>
>[EXTERNAL]
>
>----------
>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:
>
>I̢۪m a la 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 
>“Consensusâ” or “Strong 
>Support”.  I sp; I would expect to see many 
>“Consensus” desidesignations and 
>“Strong support” designationtions by 
>Leadership for various Recommendations.
>Anne
>
>From: Gnso-newgtld-wg 
><<mailto:gnso-newgtld-wg-bounces at icann.org>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: 
><mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca; 
><mailto:gnso-newgtld-wg at icann.org>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
>T +1 312.456.1020
>M +1 773.677.3305
><mailto:trachtenbergm at gtlaw.com>trac at gtlaw.com 
> | www.gtlaww.gtlaw.com  |  
><https://www.gtlaw.cotlaw.com/en/professionals/t/trachtenberg-marc-h>View 
>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
>
>*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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