[council] RE : [council] Updated draft v 2.1 of GNSO self review

[<Niklas_Lagergren@xxxxxxxx>]

Bruce et al -
 
I think the draft self-review report is a very good and useful document
 
Now, following our discussion yesterday, I would like to draw your attention to 
recommendation 14 of the "Sharry" (external review document) which states that 
"The Council needs to work with ICANN operational staff to develop a compliance 
policy with graded penalties". Additionally, ICANN's draft strategic plan 
includes a sentence (p.32) on ICANN's current plans for "planned escalation of 
actions, including legal and specific performance remedies, to correct ongoing 
harm and provide greater flexibility and legitimacy for the compliance 
function."
 
I would recommend that we add a recommendation of the same kind under point 5) 
of our self-review document. I suggest the following wording: 
 
To the extent that the lack of intermediate sanctions for non-compliance with 
contractual obligations presents a significant impediment to compliance 
activities, the GNSO should, without prejudice to efforts to enforce existing 
contractual obligations, develop recommendations for a system of graduated or 
intermediate sanctions for incorporation in revised contracts.  As an initial 
step, ICANN legal counsel should brief GNSO Council (or a relevant 
subgroup/task force) on ICANN's current plans to correct ongoing harm and 
provide greater flexibility and legitimacy for the compliance function.
 
Kind regards -
 
Niklas      
 

        -------- Message d'origine-------- 
        De: Bruce Tonkin [mailto:Bruce.Tonkin@xxxxxxxxxxxxxxxxxx] 
        Date: sam. 11/27/2004 8:46 
        À: council@xxxxxxxxxxxxxx 
        Cc: 
        Objet: [council] Updated draft v 2.1 of GNSO self review
        
        

        Hello All,
        
        Attached is a slightly updated draft for discussion on Tuesday 30 Nov
        2004.
        
        Regards,
        Bruce Tonkin