RE: [council] Initiating a PDP

["Michael D. Palage" <michael@xxxxxxxxxx>]

Bruce:

Although I generally remain a quiet observer on this list and during the
calls, I just wanted to provide some additional insight in connection with
this exchange as Danny not only sent me an email but also called me
personally on the phone regarding this matter.

First, I fully agree with your analysis on the appropriate way for a PDP to
be initiated. The concern that Danny had raised with me was that he was not
a member of any constituency, and there are no formally approved ALAC
structures within the North American region. I originally recommended that
he contact Thomas as the ALAC representative to the GNSO Council, however,
Thomas' recent departure further limited Danny's options available to him.

In my discussion with Danny as well as Alejandro, the other GNSO Board
representative, I believe that getting an opinion from ICANN's general
counsel or deputy general counsel would be the most prudent course of action
if the GNSO Council believed that this matter merited further consideration.

I hope that these comments prove useful to the general Council, and I
applaud your continued leadership and guidance as Chair of the Council.

Best regards,

Michael D. Palage

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx
[mailto:owner-council@xxxxxxxxxxxxxx]On Behalf Of Bruce Tonkin
Sent: Wednesday, November 03, 2004 5:43 PM
To: council@xxxxxxxxxxxxxx
Subject: [council] Initiating a PDP


Hello Thomas,

There are three methods by which a PDP can be initiated:
From: http://www.icann.org/general/bylaws.htm#AnnexA

a. Board Initiation. The Board may initiate the PDP by instructing the
GNSO Council ("Council") to begin the process outlined in this Annex.

b. Council Initiation. The GNSO Council may initiate the PDP by a vote
of at least twenty-five percent (25%) of the members of the Council
present at any meeting in which a motion to initiate the PDP is made.

c. Advisory Committee Initiation. An Advisory Committee may raise an
issue for policy development by action of such committee to commence the
PDP, and transmission of that request to the GNSO Council.

With respect to Council initiation, it is usually a constituency within
the GNSO that requests its representative/s to propose a motion to
initiate a PDP.

The Council does not need to respond as a whole to an individual from
the ICANN community that requests a PDP.

I recommend that individual Council members that have been contacted by
members of the community with an issue, first discuss the issue within
their constituencies to see if there is support for the GNSO to initiate
a PDP in this area.   If there is support, a Council member should
propose a motion (giving at least 7 days notice prior to a Council
meeting for all members to consider the motion) to initiate a PDP in
this area.  The first step after initiation of the PDP will be to
request an issues report from the ICANN Staff Manager.

Regards,
Bruce Tonkin


> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx
> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Thomas Keller
> Sent: Thursday, 4 November 2004 3:50 AM
> To: council@xxxxxxxxxxxxxx
> Subject: [council] PDP request (fwd)
>
> Hello all,
>
> I received privately the mail attached below from Danny
> Younger asking to initiate a PDP in regard to the modified
> deletion processes of some registrars. Could the ICANN legal
> council please advice us on how to proceed with this request.
>
> Regards,
>
> tom
>
> --
>
> Thomas Keller
>
> Domain Services
> Schlund + Partner AG
> Brauerstrasse 48                      Tel. +49-721-91374-534
> 76135 Karlsruhe, Germany                      Fax  +49-721-91374-215
> http://www.schlund.de                         tom@xxxxxxxxxx
>