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

["Joshua Brady" <somitho@xxxxxxxxx>]

I'll second this motion.

-Josh


On 8/17/07, Prophet Partners Inc. <Domains@xxxxxxxxxxxxxxxxxxx> wrote:
> 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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