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Re: [council] Proposed Motion for draft Final Report on Whois and Voting in LA
Hi,
As you are calling for a decision based on the by-laws, I will
consult with ICANN's legal counsel on this issue.
In the meantime, I will ask that the motion be include in the draft
Final Report as one of the options, and should it turn out to be out
of order, we can deal with that before it is time for a vote in LA.
Thanks
a.
On 11 sep 2007, at 15.21, Ross Rader wrote:
Avri Doria wrote:
I see no basis for refusing the motion given the end process we
have adopted.
I am not sure that I understand this. I am certain that the bylaws
are very clear on what our next steps should be, despite the
twisted path we have taken to get here. We cannot simply take a
report and sit on it while we decide to gather further information.
The proposition is fundamentally inconsistent with the path that
the bylaws permit.
The Council does have considerable leeway in terms of what our
response to the vote is. For instance, if the report does not have
the support of the Council, it is perfectly reasonable for us to
consider further study of the issue in an attempt to find a path
forward. It is equally reasonable for us to consider a request of
the board to sunset Whois provisions in the current contract in the
event that we cannot find a path forward. But, we do not have this
same leeway in terms of what our action in response to the receipt
of this report is. We must vote on it and send the results of that
vote to the Board.
This is the basis upon which I'm requesting that this motion, as
worded, be ruled out of order.
--
Regards,
Ross Rader
Director, Retail Services
Tucows Inc.
http://www.domaindirect.com
t. 416.538.5492
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