RE: [council] Friendly amendment to VI Charter

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

The WG develops policy recommendations, not Staff.
 
Chuck


________________________________

        From: Stéphane Van Gelder [mailto:stephane.vangelder@xxxxxxxxx] 
        Sent: Saturday, March 06, 2010 8:23 AM
        To: Gomes, Chuck
        Cc: Caroline Greer; council@xxxxxxxxxxxxxx
        Subject: Re: [council] Friendly amendment to VI Charter
        
        
        No actually we meant Staff. The idea is that Staff would do that work 
as support to the WG. But it would make sense for the WG to be involved in that 
as well. 

        Stéphane
        
        
        Le 6 mars 2010 à 14:16, Gomes, Chuck a écrit :


                Stephane, in saying "The working definitions included in this 
charter are subject to further development and refinement by Staff", did you 
mean "by Staff".  It seems to me that it should be "by the WG".
                 
                Chuck


________________________________

                        From: owner-council@xxxxxxxxxxxxxx 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Stéphane Van Gelder
                        Sent: Friday, March 05, 2010 7:15 AM
                        To: Caroline Greer
                        Cc: council@xxxxxxxxxxxxxx
                        Subject: Re: [council] Friendly amendment to VI Charter
                        
                        
                        Caroline, 

                        Thank you for your message. Please note that the DT 
recognised that the definitions were works in progress. However, within the 
time we had to produce a charter, it would have been impossible to refine the 
definitions. This is why the following footnote was included:

                        The working definitions included in this charter are 
subject to further development and refinement by Staff, but are included in the 
interests of time in order to allow the remainder of the charter to be 
finalized and approved by the GNSO Council.  

                        It was the DT's expectation that the WG would continue 
to work on the definitions.

                        Stéphane   
                        
                        
                        Le 5 mars 2010 à 11:40, Caroline Greer a écrit :


                                Dear All,
                                
                                The Registries Stakeholder Group [RySG] would 
like to propose a friendly amendment to the Vertical Integration Charter 
circulated by Stéphane.
                                
                                For purposes of accuracy and consistency, we 
believe that Objective #4 should be revised to read: "To identify and clearly 
articulate the differences between the current restrictions and practices 
concerning registry-registrar separation and equivalent access, on the one 
hand, and the options described in the most recent version of the DAG and 
supporting documents[1] <x-msg://1218/#_ftn1>  and changes considered by staff, 
on the other hand."
                                
                                The words "equivalent access" in yellow would 
replace the words "equal access" that are in the current version of Objective 
#4. We understand that the Charter Group has recognized the difference between 
"equal access" and "equivalent access" in its deliberations and has adopted 
"equivalent access" in other parts of the Charter.
                                
                                More generally, the RySG notes that the 
proposed working definitions in the Charter are neither accurate nor complete 
and, in certain cases, they represent policy statements.  The RySG underscores 
the importance of developing standalone definitions for each element of 
vertical integration.  However, these definitions should be developed by 
experts in competition and antitrust matters and derived from, where possible, 
language in ICANN contracts and ICANN documentation that uses the relevant 
terms.     
                                
                                Many thanks.
                                
                                Kind regards,
                                
                                Caroline.
                                
                                
                                

________________________________

                                [1] <x-msg://1218/#_ftnref1>  The working group 
understands that the DAG is a fluid document.  As a result, the working group 
will conduct its activities based upon the version of the document available.