List Rules Amendments (was ... [ga] Voting on List Rules - Vote with proposed changes)

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

Hi Eric,

Now that the GA has officially adopted the GA List Rules, I propose that we amend the GA List Rules to:

1 - correct the typos with email addresses containing @dnso.org and @gnso.org and replace them with @gnso.icann.org
2 - clarify that prohibition of legal threats is solely directed at personal attacks against other GA members and expressly omits discussion of lawsuits pertaining to GA business. Such discussion would not constitute a violation of the GA List Rules.

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: debbie@xxxxxxxxxxxxxxxxxx ; Domains@xxxxxxxxxxxxxxxxxxx ; ga@xxxxxxxxxxxxxx 
  Sent: Tuesday, August 14, 2007 8:48 AM
  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.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.




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