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Re: [council] JAS



There is an ALAC meeting next Tuesday (Jan 25) and I believe that the subject is scheduled to be discussed.

There has been another option discussed within the WG and that is that the WG work on the union of the two charters and that in its report, it clearly state which recommendations fall under the GNSO charter or the ALAC charter or both. That way each organization can accept or reject the aspect of the report that falls under its own charter.

Certainly not optimal, but perhaps viable if the WG is agreeable, and without the need to re-open the discussion within the GNSO.

I suspect that Option 2 will yield the result "It is not forbidden by the Bylaws and so it is implicitly allowed."

Alan

At 19/01/2011 09:29 AM, Stéphane Van Gelder wrote:

Councillors,

FYI, ALAC Chair Olivier Crépin Leblond has reached out to me to discuss the JAS situation.

Unofficially, because this has not been ratified by ALAC yet, it is looking unlikely that they will accept our modified charter.

Some within ALAC are calling for either the version of the charter that was approved by ALAC to be maintained, or for the JAS group to work under 2 separate charters.

The second option seems surreal to me, and what I communicated to Olivier is that I see two ways forward:

1. ALAC and the GNSO sit down together and manage to find common ground on a mutually acceptable charter. This does present some complexities for us though, as any changes to the charter that we approved during our last teleconference meeting would no doubt need a new motion.
2. We both refer the problem to ICANN's general Counsel.

Because we are dealing with a cross community group and these do not really have any clearly defined status in ICANN at the moment, this problem is one that we may not feel confident to tackle alone, hence my second proposal.

I will keep the Council informed of any further development on this front. Also, please note that an update from ALAC on the JAS situation is included in the agenda I have drafter for our next meeting. The Council leaders are currently working on this draft, which will then be submitted to the Council, as usual.

Thanks,

Stéphane





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