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

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

Well,
   
  Joshua and Ted have brought forward proper matters that need to be implemented.
  This matter was brought up and noticed on 8/17, of course it was first introduced during our referendum. Today is 8/18. 
  Ted would you post it on two more consecutive days beginning Monday 8/20.
   
  Will you please change your header to "Amendment to List Rules"
  (I am just on old cornpipe country bumbkin - but trust me on the wording)
   
  I foresee no objections and anticipate incorporation on the 23rd of August.
   
  Eric
  As Chair
   
   
   
  

Joshua Brady <somitho@xxxxxxxxx> wrote:
  I'll second this motion.

-Josh


On 8/17/07, Prophet Partners Inc. 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 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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