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Re: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report
Thanks Kristina,
I will add this to the draft agenda for our Oct 6 meeting.
Is there a second for this motion?
Stéphane
Le 28 sept. 2011 à 19:13, Rosette, Kristina a écrit :
> All,
>
> I hereby submit for action at our October 6 meeting a motion to approve an
> amended version of the process specified as Process B in the Final Report on
> Proposals for Improvements to the Registrar Accreditation Agreement ("Final
> Report") to develop a new form of RAA with respect to the High and Medium
> Priority topics described in the Final Report. For convenience, I attach the
> motion in document form and provide a redline against a previous version of
> this motion that did not pass in our April 7 meeting.
>
> -*-
>
> 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, a previous GNSO Council motion 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 did not pass at the GNSO Council’s April 7, 2011 meeting;
> Whereas, the GNSO Council desires to approve a further 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 GNSO Council requests that the ICANN Office of the General Counsel
> review the prioritized list of topics as set forth in the Final Report and
> identify any topics that would require consensus policy development rather
> than RAA contract amendment. The GNSO Council requests that the Office of the
> General Counsel complete and publish on the ICANN website the outcome of such
> review and identification not later than seventy-five (75) 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 sixty (60) 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, bimonthly written
> reports 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. Each bimonthly report shall identify the
> status of (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; and shall identify such topics, if
> any, that have been rejected by the Negotiating Group (collectively, the
> "Rejected Topics and Amendments").
> 5. The Negotiating Group shall review public comments received and continue
> 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 March 4, 2013.
> 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.
> -*-
>
> Sincerely yours,
> Kristina
>
> Kristina Rosette
> Covington & Burling LLP
> 1201 Pennsylvania Avenue, N.W.
> Washington, DC 20004-2401
> voice: 202-662-5173
> direct fax: 202-778-5173
> main fax: 202-662-6291
> e-mail: krosette@xxxxxxx
> www.cov.com/krosette
>
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>
>
> <09282011 RAA motion Amended Process B.DOC><redline RAA motion Amended
> Process B.DOC>
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