Re: [ga] Voting on List Rules - Vote with proposed changes

["Prophet Partners Inc." <Domains@xxxxxxxxxxxxxxxxxxx>]

Hi Debbie,

The key phrase "of any kind" from "not indulging in threats of legal action of any kind on list" does not permit any type of differentiation. A clarification in the draft distinguishing non-ICANN related personal legal threats against other individuals vs. ICANN related legal threats against ICANN, ICANN Directors/employees or entities under contract with ICANN would be acceptable.

I am not a lawyer and these are only my personal opinions. If you require legal advice, you should seek qualified legal counsel.

Sincerely,
Ted
Prophet Partners Inc.
http://www.ProphetPartners.com
http://www.Premium-Domain-Names.com


  ----- Original Message ----- 
  From: Debbie Garside 
  To: Domains@xxxxxxxxxxxxxxxxxxx ; ga@xxxxxxxxxxxxxx 
  Sent: Tuesday, August 14, 2007 3:55 AM
  Subject: RE: [ga] Voting on List Rules - Vote with proposed changes


  Ted wrote:

  Yes, I vote in favor of adopting GA List Rules draft 0.5, ** conditional ** upon implementation of the following 2 changes.

  #1 - All references to email addresses containing @dnso.org and @gnso.org are replaced with @gnso.icann.org in the List Rules draft.

  I agree and assuming nobody disagrees I will update the docment once votig is over.

  #2 - The clause containing "not indulging in threats of legal action of any kind on list" is struck from the List Rules draft. While I agree that personal threats of legal action may be counterproductive to the GA, I strongly believe that other situations directly related to GA business may require invoking legal action. Given the inability of the GA to influence ICANN policy, it may be necessary to initiate legal proceedings against ICANN, ICANN's Board of Directors, Registries, Registrars and/or other entities. Disempowering the GA's ability to initiate legal proceedings only increases ICANN's ability to ignore its own bylaws.

  I would like to keep this in.  It is aimed at individual members threatening legal action on list.  It does not mean that we as a group cannot discuss bringing legal action so long as we do not make empty threats on list as individuals.  A member may ask the list whether they (the GA) would support legal action against another party.  Is that ok?

  Best

  Debbie



----------------------------------------------------------------------------
    From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf Of Prophet Partners Inc.
    Sent: 14 August 2007 07:02
    To: ga@xxxxxxxxxxxxxx
    Subject: Re: [ga] Voting on List Rules - Vote with proposed changes


    Yes, I vote in favor of adopting GA List Rules draft 0.5, ** conditional ** upon implementation of the following 2 changes.

    #1 - All references to email addresses containing @dnso.org and @gnso.org are replaced with @gnso.icann.org in the List Rules draft.
    #2 - The clause containing "not indulging in threats of legal action of any kind on list" is struck from the List Rules draft. While I agree that personal threats of legal action may be counterproductive to the GA, I strongly believe that other situations directly related to GA business may require invoking legal action. Given the inability of the GA to influence ICANN policy, it may be necessary to initiate legal proceedings against ICANN, ICANN's Board of Directors, Registries, Registrars and/or other entities. Disempowering the GA's ability to initiate legal proceedings only increases ICANN's ability to ignore its own bylaws.

    I am not a lawyer and these are only my personal opinions. If you require legal advice, you should seek qualified legal counsel.

    Sincerely,
    Ted
    Prophet Partners Inc.
    http://www.ProphetPartners.com
    http://www.Premium-Domain-Names.com


      ----- Original Message ----- 
      From: Hugh Dierker 
      To: GA 
      Sent: Monday, August 13, 2007 10:02 AM
      Subject: [ga] Voting on List Rules


      Here is your ballot.
      Simply hit 'return all' on this email and write: "Yes", to adopt the list rules and, "No", to not adopt the list rules.