Jorge +1 Kavouss Also appreciate Becky, s proposal but it would be complex to apply and could require restructyring of the oricess I Sent from my iPhone
On 1 Feb 2016, at 17:00, <Jorge.Cancio@bakom.admin.ch> <Jorge.Cancio@bakom.admin.ch> wrote:
Dear Becky
I thank you (again) for your constructive and creative proposal, which tries to address concerns expressed by colleagues in the GNSO.
But I would like to clarify my point again: A PDP proposal might normally be a widely debated product, but there is no guarantee for that. Other parts of the community might feel that the proposal might be inconsistent with the Bylaws. Why should the community IRP be susceptible to be blocked in such a case by the very SO proposing that proposal?
Apart from PDPs if I understand well the mechanics, there might be also other "products" put before the Board by a SO/AC (such as a GNSO Guidance) which might also be considered inconsistent with the Bylaws by other parts of the community. Why should the proposing SO/AC be allowed a "second bite at the apple", with the only exception of the GAC?
I feel this is an issue of applying the same principle to similar situations and although I can understand it at a principle-level I'm still not sure why we should only apply it to decisions of the Board based on GAC advice.
Regards
Jorge
-----Ursprüngliche Nachricht----- Von: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] Im Auftrag von Burr, Becky Gesendet: Montag, 1. Februar 2016 16:49 An: Phil Buckingham <phil@dotadvice.co.uk>; 'Kavouss Arasteh' <kavouss.arasteh@gmail.com>; 'Schaefer, Brett' <Brett.Schaefer@heritage.org> Cc: acct-staff@icann.org; 'Thomas Rickert' <thomas@rickert.net>; 'CCWG Accountability' <accountability-cross-community@icann.org> Betreff: Re: [CCWG-ACCT] The 60 percent solution
Kavouss¹ proposal (Board may reject GAC Advice only with support of 60% of its members) is simple and it is a compromise - essentially midway between a majority and a 2/3rds standard.
My proposal attempts to address some of the structural concerns that arise when you look at Recommendations 1, 10 and 11 together. Specifically, it is intended to address the ³2 bites at the apple² situation when (1) the GAC issues Advice, which is then accepted by the Board - even where a majority (but not 60% or 66%) of the Board opposes that and (2) the community would like to consider challenging the Board¹s implementation as exceeding the scope of ICANN¹s Mission. In that situation, the GAC has indicated that it will participate in the escalation decision regarding invocation a community power, for example through an IRP. I propose that we should maintain the current threshold (e.g., no more than 2 SO/ACs object), but that the GAC¹s vote should not be counted to block use of a community power to challenge the Board¹s implementation of GAC Advice. I would note that Jorge notes that this principle should be applied across the Board. I don¹t agree, as I think that GAC Advice is not comparable to the output of, for example, a PDP process.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington D.C. 20006 Office: +1.202.533.2932 Mobile: +1.202.352.6367 / neustar.biz <http://www.neustar.biz>
On 2/1/16, 10:26 AM, "Phil Buckingham" <phil@dotadvice.co.uk> wrote:
Dear Kavouss,
Thank you for your compromise proposal/ solution. The CCWG really does need to get over this huge hurdle. I am struggling to keep to up. In preparation for the call tomorrow , could you/ Co Chairs summarise your and Becky ' alternative recommendation. The key question to me is which is easier to implement and the simplest to understand. Many thanks, Phil
-----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Kavouss Arasteh Sent: 01 February 2016 13:35 To: Schaefer, Brett Cc: acct-staff@icann.org; Thomas Rickert; CCWG Accountability Subject: Re: [CCWG-ACCT] The 60 percent solution
Dear Brett I think it id more straight forward to take 60% than Becky ,s proposal not because mine is better but more simpler. Regards I appeal to you and your distinguished colleagues as well as Becky to kindly consider 60% with favourable thought Kavouss
Sent from my iPhone
On 1 Feb 2016, at 13:21, Schaefer, Brett <Brett.Schaefer@heritage.org> wrote:
I'm a bit confused. Wouldn't the arguments against the 2/3 requirement, which is after all 66%, apply just as much to the 60% proposal?
I think Becky's proposal gets much closer to addressing the substance of the concerns raised.
________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097
heritage.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__heritage .org_&d=CwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYa hOP8WDDkMr4k&m=z17C11pOMlMv6qx5vbnY6bFNegpw3uCt6AneXn5FbNE&s=TnI7iy91U78v r2iGqvQgUvyuD2Gjh7I0sPPGfgh1zlk&e= >
On Jan 31, 2016, at 6:50 PM, Greg Shatan <gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com>> wrote:
All,
I wanted to pluck this suggestion out of the email swamp.
Kavouss made an alternative proposal concerning another threshold between Simple Majority and 2/3 -- the alternative threshold is 60%.
Speaking only for myself, this could be a simple but creative way out of the current situation. It is a literally a middle ground between the current majority threshold and the previously proposed 2/3 threshold:
Votes
Percentage
Result
8/16
50%
No
9/16
56.25%
Yes, by majority
10/16
62.50%
Yes, if by 60%
11/16
68.75%
Yes, if by 2/3
This would require one more vote than the current threshold and one less vote than the 2/3 threshold. Win/win?
Greg
On Sun, Jan 31, 2016 at 5:41 AM, Kavouss Arasteh <kavouss.arasteh@gmail.com<mailto:kavouss.arasteh@gmail.com>> wrote: Dear Co-Chairs Pls kindly confirm that you have received my last alternative proposal concerning another threshold between Simple Majority and 2/3. This alternative threshould is 60% There has been many cases considered with that level of threshold Pls confirm its recption and confirm actions to be taken before you go to poll Awaiting for your reply Kavouss
[...]
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