RE: [council] RAA Motion

[Liz Gasster <liz.gasster@xxxxxxxxx>]

All,

Staff would like to suggest the following draft language for the two motions 
being discussed:

Whereas:
- ICANN has undertaken a lengthy consultative process related to amending the 
Registrar Accreditation Agreement (RAA);
- The community has arrived at a set of amendments that are generally thought 
to be worthy of inclusion in the RAA;
- It is the opinion of ICANN legal counsel and the ICANN Board that 
implementation of RAA amendments requires a consensus policy level vote (>66%) 
of the GNSO Council.

Resolve:
The GNSO Council supports the attached RAA amendments and recommends to the 
Board that they be adopted.

Second motion:

Whereas:
- The GNSO Counsel has recommended that the RAA amendments developed by the 
ICANN community be adopted;
- There is a belief that additional amendments to the RAA may be required;
- The Registrar Constituency is open to continuing the dialogue about future 
changes to the RAA;

Resolve:
The GNSO Council will form a Working Group to review the superset of 
community-suggested RAA issues and amendments not addressed in the present 
Consensus Policy and work with the Registrar Constituency to develop a 
procedure for proposing additional amendments in the future.

Thanks, Liz

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Liz Gasster
Sent: Thursday, December 11, 2008 9:10 AM
To: Tim Ruiz; Council GNSO
Subject: RE: [council] RAA Motion


All, staff may have a couple more suggestions shortly, but one change we do 
suggest now is to the phrase that currently says:

"...ICANN Staff and the Registrars Constituency agreed on a set of proposed 
amendments to the Registry Registrar Agreement (RAA)."

We suggest the following replacement:

"...ICANN staff and the Registrar Constituency engaged in many discussions to 
explore possible amendments to the RAA."

Thanks!  Liz

-----Original Message-----
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Tim Ruiz
Sent: Thursday, December 11, 2008 9:02 AM
To: Council GNSO
Subject: RE: [council] RAA Motion


That sounds fine, as long as *supports* meets the current RAA
requirement which says, *...adopted by at least a two-thirds vote of the
council.*


Tim

-------- Original Message --------
Subject: RE: [council] RAA Motion
From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
Date: Thu, December 11, 2008 10:45 am
To: "Tim Ruiz" <tim@xxxxxxxxxxx>, "Council GNSO"
<council@xxxxxxxxxxxxxx>


Tim,

I would accept your changes as friendly if the resolution was worded
like this: "The GNSO Council supports the amendments and asks Staff to
work with registrars to define the most expeditious process for
implementing the agreed-to proposed amendments to the RAA." I changed
'accepts' to 'supports', deleted 'and the Council' and deleted 'as soon
as possible', the latter only because it is redundant because I think
'expeditious' covers it. I do not think that contract approvals or
implementation are in the GNSO's mission, although commenting on those
are certainly appropriate.

Chuck

> -----Original Message-----
> From: owner-council@xxxxxxxxxxxxxx
> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Tim Ruiz
> Sent: Thursday, December 11, 2008 10:50 AM
> To: Council GNSO
> Subject: RE: [council] RAA Motion
>
>
> Chuck,
>
> If you accept the rewritten motion below as friendly, that
> would be great. If not, I submit it as an alternate motion.
> It is meant to address Kristina's concern, which I knew would
> be an issue as soon as I read it. I also feel it needs to
> more expressly state that the Council is accepting the amendments.
>
> Also, I have no problem recognizing that many believe they do
> not go far enough. That has been clear all along. The goal
> was to get something in place sooner than later, that at
> least addresses some of the major concerns raised by the
> registerfly debacle, and that could be implemented quickly
> without waiting for agreements to expire, PDPs to ensue, etc.
>
> But I don't agree with including the last point of your
> resolution. That may doubt occur, but his motion should stick
> to the point, and be something that all of use can vote in
> favor of. Let's just get this done and others who desire to
> can pursue the other issues separately.
>
> Whereas:
>
> ICANN has undertaken a lengthy consultative process related
> to amending the Registrar Accreditation Agreement (RAA). In
> response to community input via that process, ICANN Staff and
> the Registrars Constituency agreed on a set of proposed
> amendments to the Registry Registrar Agreement (RAA).
>
> The Council recognizes that the amendments improve protection
> for registrants in specific areas in response to input from
> the community and provide Staff with additional enforcement
> tools, albeit many have suggested that the amendments should
> go further.
>
> Resolve:
>
> The GNSO Council accepts the amendments and asks Staff to
> work with registrars and the Council to define the most
> expeditious process for implementing the agreed-to proposed
> amendments to the RAA as soon as possible.
>
>
>
> Tim
>
> -------- Original Message --------
> Subject: RE: [council] RAA Motion
> From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
> Date: Thu, December 11, 2008 9:33 am
> To: "Rosette, Kristina" <krosette@xxxxxxx>, "Council GNSO"
> <council@xxxxxxxxxxxxxx>
>
> I would accept either or both as a frendly amendment
> Kristina. I apparently misunderstood.
>
> Chuck
>
> From: Rosette, Kristina [mailto:krosette@xxxxxxx]
> Sent: Thursday, December 11, 2008 10:14 AM
> To: Gomes, Chuck; Council GNSO
> Subject: RE: [council] RAA Motion
>
>
>
> Thanks for your work on this, Chuck. Because I do not agree
> that "there
> is strong support for the agreed-to amendments" across the
> entire ICANN
> community, I suggest that that language be removed or, alternatively,
> revised to indicate the segments of the community within
> which there is
> strong support.
>
> K
>
> From: owner-council@xxxxxxxxxxxxxx
> [mailto:owner-council@xxxxxxxxxxxxxx]
> On Behalf Of Gomes, Chuck
> Sent: Thursday, December 11, 2008 9:59 AM
> To: Council GNSO
> Subject: [council] RAA Motion
>
>
>
> Attached and copied below is a motion regarding the revised RAA for
> consideration of the Council in our 18 Dec meeting.
>
> Chuck
>
> RAA Motion for GNSO Council - 11 Dec 08
>
> Whereas:
>
> ICANN has undertaken a lengthy consultative process related
> to amending
> the Registrar Accreditation Agreement (RAA). In response to community
> input via that process, ICANN Staff and the Registrars Constituency
> agreed on a set of proposed amendments to the Registry Registrar
> Agreement (RAA). There is strong support for those agreed-to
> amendments,
> albeit many have suggested that the amendments should go further. The
> current terms in the RAA date back to 1999 and many have
> needed revision
> for years.
>
>
> Resolve:
>
> The GNSO Council asks Staff to work with registrars and the Council to
> define the most expeditious process for implementing the agreed-to
> proposed amendments to the RAA as soon as possible. The GNSO Council
> will form a drafting team to review the superset of proposed
> RAA issues
> and amendments not addressed in the presently proposed and agreed-to
> amendments and develop a request for an Issues Report, including clear
> identification of the policy issues that are involved.
>
>
>
>
>
>
>