[council] FW: Contingent RAA Motion

["Rosette, Kristina" <krosette@xxxxxxx>]

Apologies.  That should be "As you will see from the second to last Whereas 
clause,".

________________________________
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Rosette, Kristina
Sent: Tuesday, March 08, 2011 9:38 PM
To: 'council@xxxxxxxxxxxxxx'
Subject: [council] Contingent RAA Motion

All,

I would like to propose an RAA motion that recommends that Staff adopt an 
amended version of the process specified as Process B in the Final Report on 
Proposals for Improvements to the Registrar Accreditation Agreement.  Process B 
was proposed by the Registrar Stakeholder Group members of the Drafting Team.  
I am hopeful that the amended process ("Process B+") is an acceptable 
compromise.  As you will see from the final Whereas clause, this motion is 
contingent on the failure of the motion Mary has just introduced (and that I 
have seconded), and will be voted upon only if that motion fails.

Safe travels to San Francisco.

K

-*-

Motion to Approve an Amended Recommendation in the Final Report on Proposals 
for Improvements to the Registrar Accreditation Agreement.

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, a GNSO Council motion recommending that 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 
did not pass;

Whereas, the GNSO Council desires to approve an amended version of the process 
specified as Process B 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.

NOW THEREFORE, BE IT:


RESOLVED, that the GNSO Council recommends that Staff adopt an amended version 
of the process specified as Process B 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.  As amended herein, Process B entails:

1. The prioritized list of topics as set forth in the Final Report is sent to 
the GNSO Council and ICANN Staff for identification of any topics that would 
require consensus policy development rather than RAA contract amendment.  This 
step shall be completed not later than sixty (60) days after the date of this 
resolution.

2. ICANN Staff will schedule a public consultation, to be held at the first 
ICANN public meeting that occurs after completion of the review in Step 1, to 
provide members of the ICANN community with the opportunity to articulate their 
support of and/or objection to the High and Medium Priority topics described in 
the Final Report.

3.  Within thirty (30) days after the public consultation described in Step 2, 
negotiations begin with the Negotiating Group consisting of ICANN Staff and the 
Registrar Stakeholder Group (as a whole).

4.  The Negotiating Group shall provide, for public comment, written reports 
monthly on the status and progress of the negotiations.  Such reports shall 
include proposed text under consideration and identify items and text agreed 
upon by the Negotiating Group.  The monthly report shall identify (a) topics 
identified in the Final Report as High or Medium Priority and that were not 
determined in Step 1 as requiring consensus policy development; and (b) 
proposed amendments put forth by any Stakeholder Group, Constituency, and/or 
Advisory Committee (collectively, the "Rejected Topics and Amendments"), if 
any, that have been rejected by the Negotiating Group.

5.  The Negotiating Group reviews public comments received and continues 
negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, 
however, that the full final draft of the new RAA must be posted for public 
comment not later than September 17, 2012.

6.  Subject to the date requirement in Step 5, ICANN Staff and the Registrar 
Stakeholder Group shall determine when the full final draft of the new RAA is 
ready to be posted for public comment.  The full final draft of the new RAA 
that is posted for public comment shall be accompanied by a detailed written 
explanation, approved by both Staff and the Registrar Stakeholder Group, that 
sets forth the basis for the rejection of all Rejected Topics and Amendments.

7.  The GNSO Council shall review the full final draft of the new RAA, consider 
public comments, and vote on approval of the draft new RAA. A Supermajority 
vote of the GNSO Council is required to approve the new RAA.

8.  If the GNSO Council approves the new RAA, the new RAA goes to Board for 
approval.

9.  If the GNSO Council does not approve the new RAA, the new RAA is sent back 
to the Negotiating Group with appropriate feedback for reconsideration.  Repeat 
from step 7.

RESOLVED FURTHER, that the GNSO Council recommends that this process be 
initiated by ICANN immediately.