[council] Proposed motion on Rec 6 CWG

["Mary Wong" <Mary.Wong@xxxxxxxxxxx>]

Hello again everyone
 
I'd like to propose a motion for the Council's consideration at the 8
December meeting. This motion relates to the recommendations made
recently by the cross-community working group (CWG) regarding
implementation of the Council's Recommendation 6 (which formed the basis
for the "morality and public order" section of the DAG.)
 
You'll recall that the Council supported GNSO participation in the CWG,
in a resolution passed on 8 September. As you may also recall, the CWG's
task included making recommendations that would render the MAPO section
of the DAG acceptable to the broader community, yet still accomplishing
the implementation of Recommendation 6. 
 
I understand that there is concern amongst some Council members that
continuing a cross-community working group model will in some way
diminish the GNSO's role in policy development and/or impinge on
Consensus Policies. This concern is part of a wider discussion that to
my mind is not implicated by the Rec 6 CWG process or recommendations,
in relation to which the much more pressing concern is to ensure that
the ICANN Board, staff and community do NOT interpret the Council's
silence and inactivity, following the original September motion, as lack
of GNSO community support for the CWG's recommendations. 
 
Thus, I propose a motion, as follows:
 
WHEREAS, on 8 September 2010 the GNSO Council endorsed GNSO
participation in a  joint working group with other interested Supporting
Organizations (SO’s) and Advisory Committee (AC’s) to provide guidance
to the ICANN new gTLD Implementation Team and the ICANN Board in
relation to the implementation of the Council's Recommendation 6
regarding strings that contravene generally-accepted legal norms
relating to morality and public order that are recognized under
international principles of law;
 
WHEREAS, the Recommendation 6 cross-community working group (CWG) was
established in accordance with the Terms of Reference also approved by
the GNSO Council on 8 September 2010;
 
AND WHEREAS, the CWG has since delivered a set of recommendations
regarding implementation of the GNSO Council's Recommendation 6 for new
gTLDs to the ICANN Board and community;
 
RESOLVED, the Council thanks the CWG and its participants, from the
GNSO and other SOs and the ACs, for their hard work; and acknowledges
that the CWG recommendations do not constitute Consensus Policy or GNSO
policy development otherwise within the purview of the GNSO;
 
RESOLVED FURTHER, that the Council hereby endorses the CWG
recommendations as representing. as far as possible, consensus among the
various stakeholders in the ICANN community on effective mechanisms for
the implementation of Recommendation 6.
 
Thanks and cheers
Mary
 
 
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong@xxxxxxx.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584

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