Re: [council] GNSO Issues Report: .COM Agreement

[Bret Fausett <bfausett@xxxxxxxxxxxxxxxx>]

> Please find attached the Issues Report on the .COM agreement
> which is an agenda item for next week's conference call.

While I think it may be *unwise* for the Council to get involved in 
contractual issues between ICANN and a registry or registrar, I don't 
agree that it's out-of-scope. In fact, I might turn the whole report on 
its head. Isn't the better answer that it is not 'properly within the 
scope of' ICANN's Staff's responsibilities to limit the ability of its 
policy bodies, like the GNSO, to make policy decisions?
On what authority does Staff negotiate what is or isn't a "consensus 
policy" under Section III.1.(b) of the proposed Registry Contract?
        -- Bret