RE: [council] Initiating a PDP

[Marc Schneiders <marc@xxxxxxxxxxxxxx>]

I agree. The matter raised by Danny Younger may not need a PDP. It may
be simply a violation of the registrar's contract with ICANN. We don't
need a PDP to remedy that.

Marc Schneiders

On Thu, 4 Nov 2004, at 11:27 [=GMT-0500], Michael D. Palage wrote:

> 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
> >
>
>
>