[council] For discussion on the Council Call under Item 2, or under AOB

["Marilyn Cade" <marilynscade@xxxxxxxxxxx>]

Dear Fellow Councilors

 

As I have reviewed the status of the work of Council related to policy, and
also to the guidance that Council gave to the Board in Vancouver: "That the
ICANN Board should postpone adoption of the proposed settlement while the
Council fully investigates the policy issues raised by the proposed
changes", it occurs to me that Council should request a discussion directly
with the Board in the next two weeks.

 

Thus, I have drafted a short letter from the Council to the Board,
requesting a discussion between Council and Board on the concerns that
Council has about the Board approving the present form of the .com
agreements, while there is still no guidance on the policy issues that are
inherent in those agreements, and which must be considered for their
applicability  to all gTLD registry agreements. 

 

The comment period on a new version of a settlement/award agreement was
opened on Jan 29, 2006. The 21 day public comment period will end then on
Feb. 19, as best I can do the math. This is clearly too early for Council to
have developed even draft policy on the general topics of concern in gTLD
registries, but which also implicates the existing agreements that are in
any stage of consideration by the Board or the community.

 

Thus I recommend that Council send the following to the Board and
CEO/President. This should also be posted as part of the public comment
process. The purpose of the communication is to request a Council-Board
discussion before the close of the public comment period.

 

I have provided some explanatory language of the status of the work underway
in [  ]  in the even that fellow Councilors want to include a status update.
However, the letter can be very brief and merely request the meeting/conf.
call, if preferred by just omitting all the language in [ ].

 

 

DRAFT

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----------------------------------------: 

 

Dear Vint (with copy to Paul, Kurt, John, and all Board members)

 

The gNSO Council reminds the ICANN CEO and Board of the resolution sent to
the Board during the Vancouver ICANN meeting, 

and requests a conference call between the Board and the Council to discuss
continuing concerns. We ask that the call take place before the conclusion
of the public comment period on the proposed .com Registry Agreements and in
sufficient time for the Board to take into consideration the discussion with
the Council.

 

The Vancouver Council resolution reads: 

 

"That the ICANN Board should postpone adoption of the proposed settlement
while the Council fully investigates the policy issues raised by the
proposed changes"

 

[The gNSO Council is advancing that investigation. At its January 17, 2006
meeting, the Council further discussed the areas of policy concern, and
voted to request an Issues Report related to the policy concerns raised in
the constituency statements. 

 

Subsequently, on January 29, 2006, a revised set of documents were posted by
ICANN, including a newly revised Proposed .COM Registry Agreement. 

 

At present, the Council is discussing with Policy Staff, and the General
Counsel, various ways to address the policy areas that have been raised by
the constituencies and the community that are of concern to gTLD registry
agreements, including those in present discussion within ICANN or posted for
public comment. The discussions with Policy staff and General Counsel are
ongoing at this time.]

 

In parallel, and not subject to the outcome of that discussion, the GNSO
Council requests a conference call or meeting with the Board and
CEO/President to discuss the gNSO Council's continuing concerns and views.

 

Sincerely

 

Transmitted on behalf of the GNSO Council