Re: [council] RAA Motion

[Mary.Wong@xxxxxxxxxxx]

That's true, Tim, but since a WG Report is presented to the Council for
its discussion/action/opinion, my point is that we need to then
discuss/act/opine (as appropriate). If the phrasing I chose was
inappropriate, I imagine that can be cured by a friendly amendment.
 
Cheers
Mary

 
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong@xxxxxxx.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584>>> 


From: <tim@xxxxxxxxxxx>
To:<Mary.Wong@xxxxxxxxxxx>, <owner-council@xxxxxxxxxxxxxx>
CC:<council@xxxxxxxxxxxxxx>
Date: 3/9/2011 10:12 AM
Subject: Re: [council] RAA Motion
The Council should not assume responsibilities it has not been given.
Council can express an opinion on anything I guess, but this motion is
constructed as a directive.

So we can continue to make this motion and see it defeated, or we can
try to find a more constructive way forward.

Tim
From: Mary.Wong@xxxxxxxxxxx 
Sender: owner-council@xxxxxxxxxxxxxx 
Date: Wed, 09 Mar 2011 10:01:01 -0500
Cc: <council@xxxxxxxxxxxxxx>
Subject: RE: [council] RAA Motion

Tim, I understand your point and know it's been made before. However,
as Process A received Strong Support from the WG's Sub-Team B and is
classified as a recommendation in the WG Final Report, I don't see how
the Council can responsibly ignore it without a fuller discussion.
 
Cheers
Mary 

 
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong@xxxxxxx.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584>>> 


From: "Tim Ruiz" <tim@xxxxxxxxxxx>
To:<Mary.Wong@xxxxxxxxxxx>
CC:<council@xxxxxxxxxxxxxx>
Date: 3/9/2011 1:43 AM
Subject: RE: [council] RAA Motion
As I've tried to point out before, this is a waste of time. The RAA is
between ICANN and Registrars and only they will decide how the process
takes place. And as was made clear to the RAA WG, Registrars will not
engage if observers are present. All the Council should do at this
point
is thank the WG and let Registrars and Staff take from it there.


Tim

> -------- Original Message --------
> Subject: [council] RAA Motion
> From: Mary.Wong@xxxxxxxxxxx
> Date: Tue, March 08, 2011 7:40 pm
> To: 
> 
> 
> 
> 
> 
> 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
> 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
>