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Re: [council] Motions for 17 Dec Council Meeting

  • To: "Mary Wong" <MWong@xxxxxxxxxxxxx>
  • Subject: Re: [council] Motions for 17 Dec Council Meeting
  • From: Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
  • Date: Mon, 14 Dec 2009 18:46:56 +0100
  • Cc: "GNSO Council" <council@xxxxxxxxxxxxxx>, "Tim Ruiz" <tim@xxxxxxxxxxx>
  • In-reply-to: <4B262A3B0200005B0004AD0A@BRENNAN>
  • List-id: council@xxxxxxxxxxxxxx
  • References: <20091214075555.4a871ae7d05d2c98d9abb595d392cd69.87b6614cbe.wbe@email.secureserver.net> <4B262A3B0200005B0004AD0A@BRENNAN>
  • Sender: owner-council@xxxxxxxxxxxxxx

I am in full agreement with both points made by Mary.

I think it is especially important, in light of the tremendous effort of the 
STI to deliver its report in as timely a manner as possible, for us to act on 
this report asap. I have read the report and I hope others have found the time 
to read it also. I agree with Mary that the Council would be sending a strong 
signal to both the community and the Board if it was able to consider the STI 
report at its next meeting. That may mean some amendments to the motion might 
be needed, but let's at least talk about it during the next meeting (which 
means agreeing to an exception in the case of motion 2).

Thanks,

Stéphane

Le 14 déc. 2009 à 18:06, Mary Wong a écrit :

> Hi all,
>  
> On motion 4: in light of the concerns and effects that several people have 
> noted about this particular request, and in light further of Stephane's and 
> Mike's earlier emails on issues such as work prioritization and the Council's 
> role in approving such requests, I agree with Tim that we should take the 
> time to seriously discuss this issue, and in a broader context.
>  
> Even putting the discussion/decision off until our January meeting may allow 
> us to get better information about the PPSC/PDP-WT process to date, and to 
> consider some implications and potential precedents the Council may be 
> setting going forward, in terms of how and why we support these requests (or 
> not).
>  
> On motion 2: my impression is that the STI process saw a tremendous level of 
> active participation, collaboration and willingness to compromise across all 
> GNSO SGs. The report also shows a great deal of GNSO community consensus as a 
> result of tremendous hard work on the part of all SG representatives, 
> particularly in meeting the very tight deadline originally set by the Board.
>  
> My understanding is that the only outstanding minority report is one from 
> ALAC (and I understand, further, that this will pertain to only one or two 
> points in the STI report). As such, I would urge the Council not to postpone 
> voting on this motion, and send a strong signal to the Board, ICANN staff and 
> community that the consensus-driven process works, and has resulted in a 
> workable and broadly-acceptable proposal for one of the overarching issues in 
> new gTLDs previously identified by the Board.
>  
> Cheers
> Mary 
>  
> Mary W S Wong
> Professor of Law & Chair, Graduate IP Programs
> Franklin Pierce Law Center
> Two White Street
> Concord, NH 03301
> USA
> Email: mwong@xxxxxxxxxxxxx
> Phone: 1-603-513-5143
> Webpage: http://www.piercelaw.edu/marywong/index.php
> Selected writings available on the Social Science Research Network (SSRN) at: 
> http://ssrn.com/author=437584
> 
> 
> >>> "Tim Ruiz" <tim@xxxxxxxxxxx> 12/14/2009 9:55 AM >>>
> 
> For motion 3 it makes sense to make an exception and delay a vote the
> PDP. We just received the Issues Report so it seems premature to be
> voting on a PDP, or at least to do it well informed. On the other hand,
> not sure why we need a motion to decide not to make a motion.
> 
> Motion 4 is not critical and I see no reason to make a quick judgement
> call on that, especially when it has far reaching affects that we should
> seriously consider/discuss. I don't support making an exception for this
> one.
> 
> For motion 2, I know we are already past the date that the Board has
> asked for a response, but we are getting into the Holiday season and I
> doubt much attention would be would be given to the STI proposal until
> after the New Year even if we approve/accept it this week. Also, is it
> appropriate to vote on it until it is complete with the minority reports
> added?
> 
> Tim
> 
> -------- Original Message --------
> Subject: RE: [council] Motions for 17 Dec Council Meeting
> From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
> Date: Mon, December 14, 2009 8:27 am
> To: Stéphane_Van_Gelder <stephane.vangelder@xxxxxxxxx>
> Cc: "GNSO Council" <council@xxxxxxxxxxxxxx>
> 
> Strephane,
> 
> We did not receive the Issues Report for motion 3 until Friday, 11
> December, which was after the deadline for documents, a different
> Council Procedures requirement.  I should have made that more clear.
> 
> This discussion brings something else to mind that would be good to do
> going forward: We should make sure that the dates motions are submitted
> are always shown with the motions on the wiki and anywhere else they are
> posted.  In checking the motions for this week's meeting, I see that we
> do that in some cases and not others.
> 
> Glen - In the future, I suggest that we make it a practice to always
> show the date a motion was made after the name of the person who made
> the motion.
> 
> Chuck
> 
> From: Stéphane Van Gelder [mailto:stephane.vangelder@xxxxxxxxx] 
> Sent: Monday, December 14, 2009 9:13 AM
> To: Gomes, Chuck
> Cc: GNSO Council
> Subject: Re: [council] Motions for 17 Dec Council Meeting
> 
> 
> 
> Thanks Chuck, 
> 
> I don't understand why that requirement applies to motion 3, which you
> made on Dec 4, therefore well inside the 8-day requirement by my count.
> 
> 
> On motion 2, I am in the same boat as you (overwhelmed by emails) and
> cannot find the original motion proposal (which I take it was made by
> staff, since it is not even moved yet). Do you have a record of what
> date that was?
> 
> 
> Thanks,
> 
> 
> Stéphane
> 
> Le 14 déc. 2009 à 15:02, Gomes, Chuck a écrit :
> 
> Thanks for the correction Stephane.  Not sure how I missed your second
> of motion 3.
> 
> Regarding the Council Operating Procedures requirement that motions
> should be submitted 8 days prior to a Council meeting, that requirement
> would apply to motion 2, motion 3 and motion 4.  In all three cases the
> Coucil would need to agree to an exception to the procedures requirement
> or we will have to delay action on all three topics.
> 
> Chuck
> 
> From: Stéphane Van Gelder [mailto:stephane.vangelder@xxxxxxxxx] 
> Sent: Monday, December 14, 2009 8:43 AM
> To: Gomes, Chuck
> Cc: GNSO Council
> Subject: Re: [council] Motions for 17 Dec Council Meeting
> 
> 
> 
> Hi Chuck, 
> 
> Your description is incorrect. I had seconded motion 3 on December 6.
> 
> 
> Further, it is my assessment of the 8 day notice requirement set out by
> article 3.3 of the GNSO operating rules and procedures that motion 4,
> proposed by Wolf on Dec 13, cannot be submitted for our Dec 17 meeting.
> 
> 
> I am happy to be corrected if this assessment is wrong.
> 
> 
> Thanks,
> 
> 
> Stéphane
> 
> Le 13 déc. 2009 à 14:22, Gomes, Chuck a écrit :
> 
> For our 17 Dec Council meeting, the following four motions listed below
> with their status are posted at
> https://st.icann.org/gnso-council/index.cgi?17_december_motions):
> 
> + Motion To Approve Tool Kit of Services Recommendations for GNSO
> Constituencies and Stakeholder Groups (amended 4 Dec 09) - moved &
> seconded 
> + Motion to Approve the Alternative Proposal recommended by the Special
> Trademark Issues Review Team - needs to be moved and seconded 
> + Motion to delay decision regarding initiation of a Vertical
> Integration PDP - needs to be seconded 
> + Proposed Motion on Support for a PDP Work Team Face to Face Meeting -
> needs to be seconded
> 
> At this point, only motion 1 above is ready for action.  So we need
> someone to make motion 2 and, if that happens, we will need a second. 
> We also need seconds on motions 3 & 4. 
> 
> Chuck
> 
> 

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