RE: [council] Adopted Board Resolutions, 25 January 2011

["Tim Ruiz" <tim@xxxxxxxxxxx>]

Thanks Bruce. Regarding your comments below, it sounds as if the GAC
believes their advice must be "heeded," versus "taken into account," two
very different concepts. Is that the situation we're in?

Tim

> -------- Original Message --------
> Subject: RE: [council] Adopted Board Resolutions, 25 January 2011
> From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
> Date: Sat, January 29, 2011 5:18 am
> To: <council@xxxxxxxxxxxxxx>
> 
> Hello Mary,
> Â 
> >>  (1) With respect to the Topics to be discussed at the meeting, the 
> >> Board's resolution in Cartagena noted that issues such as trademark 
> >> protection, root zone scaling and mitigating malicious conduct have been 
> >> sufficiently addressed and "substantially reflect the negotiated position 
> >> of the ICANN community". The resolution also goes on to state that 
> >> "ICANN will take into consideration public comment including the advice of 
> >> the GAC". Is it the Board's intention to continue discussion in Brussels 
> >> over these issues despite the December resolution, given that the GAC 
> >> communiqué seems to treat them as open issues? If so, how does the Board 
> >> intend to draw the line between re-opening the issues and closing 
> >> remaining specific concerns?
> 
> Some good questions.  Here is my PERSONAL take:
> 
> - the guidebook that was published in Nov 2010 was based on the current 
> balance between the various interests on particular issues.  It is not 
> perfect for anyone.
> 
> - the public comment period on the guidebook was extended into January, and 
> any useful improvements to the "balance" will be considered by staff and 
> incorporated into the final guidebook.
> 
> - the Board is meeting with the GAC to understand where the GAC does not 
> believe that the Board has taken their advice.  The Board/staff will show how 
> the advice has been taken into account in the current version of the 
> guidebook.   If the GAC still does not believe that their advice has been 
> heeded, the Board and GAC may discuss how the GAC advice could be taken into 
> account in such a way that the interests of the overall ICANN community 
> continue to be balanced. 
> 
> - any significant changes that are proposed after the Brussels consultation 
> will likely be discussed with the community in Brussels, prior to any formal 
> Board approval
> 
> - the hope is that after the Brussels consultation that the number of open 
> issues with the GAC will be substantially reduced.  Thus the focus in 
> Brussels will be to work with the ICANN community to see if it is possible to 
> make further changes that are mutually agreeable between the GAC and the rest 
> of the ICANN community.
> 
> 
> Â 
> >>  (2) With respect to the "subject matter experts" and non-ICANN Board or 
> >> staff members who will be at the Brussels meeting (presumably at ICANN's 
> >> expense), how and when will these people be identified? Will the 
> >> community be consulted as to who they should be?
> 
> The only ones I am aware of could be some of the economists that ICANN used 
> to provide advice on vertical integration.  Such experts may simply be 
> consulted via audio conference if necessary.  I am not aware of any new 
> subject matter experts being identified.
> 
> Regards,
> Bruce Tonkin