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Re: [ga] Voting on List Rules - Vote with proposed changes
Ken Stubbs wrote:
Hugh's logic is sound here ...
Hugh Dierker wrote:
We simply cannot change in mid vote. Everyone who has already voted
would have to vote again, and then again and again.
This is why I made my comments on amendments. Clearly the rules must
remain a living document.
I will venture to say that the rules as they stand do not preclude the
GA as a body discussing lawsuit on their behalf. This language clearly
is meant as member to member.
Eric
As Chair
*/Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx>/* wrote:
Hi Ted
If we rephrased it to say:
---
not indulging in personal threats of legal action on list. This
does not preclude members from discussing legal action in relation
to the business of the GA as a whole.
---
Would that suffice? Does anyone else have any comments to make on
this? If it is OK with the Chair and list members I will make all
the necessary changes after the vote.
Best
Debbie
------------------------------------------------------------------------
*From:* owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx]
*On Behalf Of *Prophet Partners Inc.
*Sent:* 14 August 2007 09:27
*To:* ga@xxxxxxxxxxxxxx
*Subject:* Re: [ga] Voting on List Rules - Vote with proposed
changes
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.prophetpartners.com/>
http://www.Premium-Domain-Names.com
<http://www.premium-domain-names.com/>
----- Original Message -----
*From:* Debbie Garside <mailto:debbie@xxxxxxxxxxxxxxxxxx>
*To:* Domains@xxxxxxxxxxxxxxxxxxx
<mailto:Domains@xxxxxxxxxxxxxxxxxxx> ; ga@xxxxxxxxxxxxxx
<mailto: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.prophetpartners.com/>
http://www.Premium-Domain-Names.com
<http://www.premium-domain-names.com/>
----- Original Message -----
*From:* Hugh Dierker <mailto:hdierker2204@xxxxxxxxx>
*To:* GA <mailto:ga@xxxxxxxxxxxxxx>
*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.
------------------------------------------------------------------------
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