AW: [council] Contingent RAA Motion

[<KnobenW@xxxxxxxxxx>]

Kristina and Mary,
 
just for my understanding since I haven't been deeply involved in the matter: 
"improvements" or "amendments" to the RAA means the same item?
 


Best regards 
Wolf-Ulrich 

 


________________________________

        Von: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] 
Im Auftrag von Rosette, Kristina
        Gesendet: Mittwoch, 9. März 2011 03:38
        An: 'council@xxxxxxxxxxxxxx'
        Betreff: [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.