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RE: [council] RAA Motion
- To: "Mary.Wong@xxxxxxxxxxx" <Mary.Wong@xxxxxxxxxxx>, "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx>
- Subject: RE: [council] RAA Motion
- From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- Date: Tue, 8 Mar 2011 20:58:45 -0500
- Accept-language: en-US
- Acceptlanguage: en-US
- In-reply-to: <4D7694540200005B000697B5@mail.law.unh.edu>
- List-id: council@xxxxxxxxxxxxxx
- References: <4D7694540200005B000697B5@mail.law.unh.edu>
- Sender: owner-council@xxxxxxxxxxxxxx
- Thread-index: Acvd+3ENyI5RiVrYQ2m+bNUMHf7OHQAAgCtg
- Thread-topic: [council] RAA Motion
Quick Question: Is this the exact same motion as proposed in Cartagena or has
this been modified? If it has, can you please send a redline?
Thanks.
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy
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From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On
Behalf Of Mary.Wong@xxxxxxxxxxx
Sent: Tuesday, March 08, 2011 8:41 PM
To: council@xxxxxxxxxxxxxx
Subject: [council] RAA Motion
Fellow Councilors:
I'd like to propose a motion picking up on the RAA issue that (aside from the
Registrant Rights Charter issue, which we voted on) we tabled in Cartagena:
Motion to Approve a Proposal in the Final Report of the Drafting Team on the
Registrar Accreditation Agreement (RAA) regarding a Process for Amendments to
the RAA
Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009
Registrar Accreditation Agreement (RAA) developed as a result of a lengthy
consultative process initiated by ICANN;
Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO
Council convened a joint drafting team with members of the At-Large Community,
to conduct further work related to improvements to the RAA; specifically to:
(a) draft a charter identifying registrant rights and responsibilities; and (b)
develop a specific process to identify additional potential amendments to the
RAA on which further action may be desirable;
Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published
its Final Report describing specific recommendations and proposals to the GNSO
Council for improvements to the RAA;
Whereas, the GNSO Council has reviewed the Final Report and, in its resolution
20110113-2, the GNSO Council approved of the Form of Registrant Rights and
Responsibilities Charter as described in Annex D of the Final Report and
recommended that Staff commence the consultation process with Registrars in the
RAA to finalize the Registrant Rights and Responsibilities Charter for posting
on the websites of Registrars as specified in Section 3.15 of the RAA;
Whereas, the GNSO Council desires to approve some of the other recommendations
and proposals contained in the Final Report.
NOW THEREFORE BE IT:
RESOLVED, that the GNSO Council recommends that ICANN Staff adopt the process
specified as Process A in the Final Report, to develop a new form of RAA with
respect to the High and Medium Priority topics described in the Final Report.
Process A states:
“1. Prioritized list of topics goes to GNSO Council (i.e., final form of this
report). Staff and council review may filter out topics that fall under
consensus policy.
2. Negotiations begin with negotiation group consisting of Staff, the
Registrars (as a whole, not individually), and certain observers representing
the interests of affected non-parties to the agreement.
3. During negotiations, if Staff and Registrars agree, parties may vote to hold
discussions on specified topics in executive session (excluding observers),
then reporting back to the full negotiation group re progress.
4. Negotiating group reports to GNSO and ALAC, or to the public periodically
(such as monthly) on status and progress. Negotiating group is expected to make
bracketed text, and/or agreed items, available for public comment and feedback.
5. Negotiating group reviews comments and continues negotiations and repeat
step 4 as necessary.
6. Staff and Registrars, after consultation with observers, determine when full
final draft of new RAA is ready to be posted for public comment.
7. GNSO Council reviews and considers public comments and votes on approval of
the RAA. GNSO Supermajority Vote to be obtained in favor of the new form.
8. If Council approves, the new RAA goes to Board for approval.
9. If Council does not approve, goes back to negotiation team with appropriate
feedback for reconsideration. Repeat from step 6.”
RESOLVED FURTHER, that the GNSO Council recommends that this process be
initiated by ICANN immediately.
Cheers
Mary
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx<mailto:mary.wong@xxxxxxxxxxx>
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584
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