Re: [council] GNSO Council Request Re: GAC Advice

[Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>]

Thanks very much for getting back to us on this Margie.

Stéphane



Le 6 oct. 2011 à 01:17, Margie Milam a écrit :

> 
> Dear All,
> 
> At the last Council meeting, a number of questions were raised related to the 
> nature of GAC advice to the GNSO Council.   After inquiring with the legal 
> department, here is what I learned:
> 
> Under the Bylaws, there are no requirements or specifications of how the GNSO 
> should receive and/or respond to GAC advice.  GNSO has no obligation to enter 
> into consultation with the GAC regarding advice provided by the GAC to the 
> GNSO.  However, the role of the GAC is to "provide advice on the activities 
> of ICANN as they relate to concerns of governments, particularly matters 
> where there may be an interaction between ICANN's policies and various laws 
> and international agreements or where they may affect public policy issues."  
>  The Bylaws also note that the advice of the Governmental Advisory Committee 
> on public policy matters is to be duly taken into account, both in the 
> formulation and adoption of policies.
> 
> Therefore, the GNSO is encouraged to take the opinions of the GAC very 
> seriously, just as the GNSO would advice from the ALAC or SSAC.  In addition, 
> if the GAC's concerns are not addressed or mitigated prior to an issue 
> reaching the ICANN Board for consideration, it's possible that the GAC could 
> issue the same advice to the Board, thereby triggering the Board's 
> consideration/consultation obligations as set forth in the Bylaws.
> 
> I'll be happy to address any questions you may have regarding this topic on 
> tomorrow's Council call.
> 
> All the Best,
> 
> Margie
> ____________
> 
> Margie Milam
> Senior Policy Counselor
> ICANN
> ____________
> 
>