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RE: [council] Motions under AOB for council meeting September 6 2007

  • To: "GNSO Council" <council@xxxxxxxxxxxxxx>
  • Subject: RE: [council] Motions under AOB for council meeting September 6 2007
  • From: "Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>
  • Date: Wed, 5 Sep 2007 17:09:19 -0700
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  • Thread-topic: [council] Motions under AOB for council meeting September 6 2007

The BC also had a motion pending, seconded by the IPC.  We will rescind
that motion in favor of this compromise motion that incorporates BC, IPC
and GAC request for an additional factual study, and requests updates on
ongoing ICANN studies, to incorporate that information into the process
suggested by Avri's motion.

Please see attached.  I am not sure if Avri would consider this a
friendly amendment to her motion.  But otherwise we suggest it as an
alternative.

Kind regards,

Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

NOTE:  This message may be protected by attorney-client and/or work
product privileges, if you are not the intended recipient then please
delete this message and all attachments and notify me as soon as
possible.  Thanks.


-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx]
On Behalf Of Avri Doria
Sent: Wednesday, September 05, 2007 3:30 PM
To: GNSO Council
Subject: [council] Motions under AOB for council meeting September 6
2007

Hi,

As part of tomorrow's meeting, we have two motions, with one amendment
on the agenda after the gTLD decision.
I have enclosed those in this email for reference.
Both of these were originally proposed a week before the meeting or
more.

thank
a.

------------------------------------------------------------------------

---


Proposed Motion on GA mailing list rules (submitted 25 Aug)

----

Whereas the GA list sent a request to the GNSO council for approval
of its new list rules,

and whereas the GNSO council is responsible for managing open forums,
in the form of mailing lists, and the GA list is one such open forum,

Resolved:

The GNSO chair will send a message to the GA List stating the following:

The GNSO council acknowledges the GA List's charter request and thanks
the particpants for consulting with the GNSO council on this issue.

Given the council's by-law responsibilities for the moderation of the GA
list, the council encourages the GA List's movement toward self  
moderation
and supports the GA List in implementing the mailing list rules
(found at http://www.geolang.com/draftGAListRules5.htm) indicated in
Section 2, 3, 4, 5, and 7 with the following exception in section 2:


> The Announce list is available for official pronouncements only.
> Emanating from the Secretariat of the NC and/or the Chair of the GA
>

The Announce list is and should remain solely for the sole use of the
GNSO Secretariat for notifying the subscribers of GNSO and other ICANN
informational items.

With regard to the organizational sections of the charter, specifically
sections 6, 8, and 9, the GNSO council accepts that members  
participating
  the list are free to determine their own organizational structure,  
with
the following exceptions in section 8 on elections:


>  An election is usually held near the end of the term of office for
> the chair of the General Assembly. The exact time is decided by the
> outgoing Chair and the Chair of the GNSO.
>

The GNSO council, and its chair, cannot accept any responsibility for
the internal governance of an organizational movement on the GA List at
this time and restricts the council's actions to issues concerning the
moderation of the GA List as determined by the by-laws.

---------------------------------------------------------------------
---------------------------------------------------------------------

Proposed motion for end process for Whois TF and WG to be voted on
September 6 2007  (proposed Aug 30)
---------------------------------------------------------

Whereas the Whois Task force report has not yet been voted on as  
required
by the by-laws,

Whereas the Whois WG was created to collect further information as
defined in its terms of reference,

Whereas the Whois WG has now completed its work,

Whereas almost 6 months have gone by since the release of the Whois
Task force report,

Resolved:

A - The GNSO council acknowledges the report and  thanks the members and
the chair of the Working group for their efforts.

B - The GNSO Council should now complete this work on Whois and make its
report to the ICANN community and to the ICANN Board.

C - In order to complete the work the following steps will be taken as
scheduled:

1 - Staff will produce a Draft Final Report that references the TF  
report,
     the WG charter and the WG report by and which includes an  
overall description
     of the process by September 13.  This overview should include  
the text of
     motions to be voted on at the end of this process.


2 - This report will be sent out for Constituency Statement Review on  
September 13.
     Constituencies will be asked to follow the by-laws on  
constituency statements.
     Specifically  (Quote from by-laws)

         1. Constituency Statements.
         The Representatives will each be responsible for soliciting
         the position of their constituencies, at a minimum, and other
         comments as each Representative deems appropriate, regarding
         the issue under consideration. This position and other  
comments,
         as applicable, should be submitted in a formal statement to the
         task force chair (each, a "Constituency Statement") within  
thirty-five
         (35) calendar days after initiation of the PDP.
         Every Constituency Statement shall include at least the  
following:

         (i) If a Supermajority Vote was reached, a clear statement  
of the
             constituency's position on the issue;

         (ii) If a Supermajority Vote was not reached, a clear  
statement of
             all positions espoused by constituency members;

         (iii) A clear statement of how the constituency arrived at  
its position(s).
               Specifically, the statement should detail specific  
constituency meetings,
               teleconferences, or other means of deliberating an  
issue, and a list of
               all members who participated or otherwise submitted  
their views;

         (iv) An analysis of how the issue would affect the  
constituency, including any
              financial impact on the constituency; and

          (v) An analysis of the period of time that would likely be  
necessary to
              implement the policy.

          (end Quote)

        Final Date for for updated statement: October 4, 2007
               which is 35 days from the meeting when the Whois WG  
report was discussed

3 - Staff will Incorporate Constituency comments into the Final  
Report by October 11, 2007

4 - Staff is requested to produce staff implementation notes by  
October 15

5 - Community Public Comment on Final Report: October 15 - November  
6, 2007

6 - A Public and Council Discussion will be held during the LA Public  
Meeting

7 - Final vote on first GNSO Council meeting after November 6, 2007


---------------------------

Proposed Amendment From Ross Rader to the Whois end process motion:


- that "November 6, 2007" in step 5 be replaced with "October 31, 2007"

- that "after November 6, 2007" in step 7 be replaced with "during  
the LA Public Meeting".


Attachment: BC Compromise Resolution - 2.doc
Description: BC Compromise Resolution - 2.doc



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