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

["Debbie Garside" <debbie@xxxxxxxxxxxxxxxxxx>]

Eric wrote:
 
>We simply cannot change in mid vote.
 
You are right of course :-)
 
>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.
 
Agreed
 
Best
 
Debbie


  _____  

From: Hugh Dierker [mailto:hdierker2204@xxxxxxxxx] 
Sent: 14 August 2007 13:49
To: debbie@xxxxxxxxxxxxxxxxxx; Domains@xxxxxxxxxxxxxxxxxxx;
ga@xxxxxxxxxxxxxx
Subject: RE: [ga] Voting on List Rules - Vote with proposed changes


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 ; 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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