Re: [council] Alternative RAA Motions

[Daniel Halloran <daniel.halloran@xxxxxxxxx>]

Chuck,

In response to your earlier question, I can confirm that Tim's proposed
resolution would meet the requirements of the current RAA. ("Resolved: The
GNSO Council supports the attached RAA amendments and recommends to the
Board that they be adopted.")

RAA section 5.4 provides that any amendments to the form of the RAA need to
be adopted according to the requirements of RAA section 4.3.1, which says
that we'll need "a recommendation, adopted by at least a two-thirds vote of
the [GNSO] council [that the amended RAA] should be established."
<http://www.icann.org/en/registrars/ra-agreement-17may01.htm#4.3.1>

I hope this is helpful.  Please let me know if I can be of any other
assistance.

Best regards,
Daniel Halloran
Deputy General Counsel
ICANN


> From: Chuck Gomes <cgomes@xxxxxxxxxxxx>
> Date: Fri, 12 Dec 2008 12:18:07 -0800
> To: Tim Ruiz <tim@xxxxxxxxxxx>, Council GNSO <council@xxxxxxxxxxxxxx>
> Subject: RE: [council] Alternative RAA Motions
>
>
>
> I withdraw my RAA motion and second Tim's 1st motion below instead. I
> also second Tim's second motion.
>
> Chuck
>
>> -----Original Message-----
>> From: owner-council@xxxxxxxxxxxxxx
>> [mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Tim Ruiz
>> Sent: Friday, December 12, 2008 1:46 PM
>> To: Council GNSO
>> Subject: [council] Alternative RAA Motions
>>
>>
>> We are anxious to get these amendments approved and in place
>> as quickly as possible. Registrars are also generally open to
>> further discussions.
>> We should we keep this as simple as possible so I propose the
>> following alternative motions:
>>
>> Whereas:
>> - ICANN has undertaken a lengthy consultative process related
>> to amending the Registrar Accreditation Agreement (RAA);
>> - The parties have arrived at a set of amendments that are
>> generally thought to be worthy of inclusion in the RAA;
>>
>> Resolve:
>> The GNSO Council supports the attached RAA amendments and
>> recommends to the Board that they be adopted.
>>
>> Second motion:
>>
>> Whereas:
>> - The GNSO Council 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 calls on ICANN to establish a consultative
>> process by which to review the superset of
>> community-suggested RAA issues and amendments not addressed
>> in the present set of amendments and to work with Registrars
>> to develop a procedure for proposing additional amendments in
>> the future.
>>
>> Tim
>>
>> -------- Original Message --------
>> Subject: RE: [council] RAA Motion
>> From: Liz Gasster <liz.gasster@xxxxxxxxx>
>> Date: Thu, December 11, 2008 3:46 pm
>> To: Liz Gasster <liz.gasster@xxxxxxxxx>, Tim Ruiz
>> <tim@xxxxxxxxxxx>, Council GNSO <council@xxxxxxxxxxxxxx>
>>
>>
>> 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
>>
>>
>>
>>
>