Re: [ALAC] Fwd: [council] Re: Statement of the ALAC on the Joint Applicant Support Second Milestone Report

May 17, 2011

      Thank you Alan for your reply to the GNSO council. You did well.

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-----Message d'origine-----
De : alac-bounces@atlarge-lists.icann.org
[mailto:alac-bounces@atlarge-lists.icann.org] De la part de Alan Greenberg
Envoyé : mardi 17 mai 2011 15:58
À : ALAC Working List
Objet : [ALAC] Fwd: [council] Re: Statement of the ALAC on the Joint
Applicant Support Second Milestone Report

Please see the following reply I sent to the GNSO 

list. There was not sufficient time to get it 

reviewed prior to sending, but if I have 

incorrectly represented the ALAC, please let me 

know and I will post a correction.

The note was in reply to a proposal from Mary 

Wong with comments from Tim Ruiz and Jeff Neuman.

Alan
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Date: Tue, 17 May 2011 10:53:43 -0400
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To: GNSO Council <council@gnso.icann.org>
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From: Alan Greenberg <alan.greenberg@mcgill.ca>
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Subject: Re: [council] Re: Statement of the ALAC
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on the Joint Applicant Support Second Milestone Report
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I will try to address Jeff's questions, but will
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in parallel pass my answers by the ALAC to
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ensure that I am not putting words into their collective mouths.
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First, I read Mary's "the chartering process" to
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mean "the process laid out in their charter(s)".
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On why At-Large staff forwarded the report to
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the Board, this was done at the request of the
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ALAC through its Chair and Executive Committee
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and was not an independent action of staff..
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Regarding the appropriateness of one of the
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chartering organizations sending the report to
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the Board, the GNSO charter had the following
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sentence which the ALAC copied verbatim: "4. All
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communication to the ICANN Board regarding the
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work of this Working Group shall be through the
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respective SO/AC unless expressly approved by
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the respective SO/AC." There is nothing there
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that I construe to meaning that the chartering
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organizations must work in tandem.
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Alan
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At 17/05/2011 09:02 AM, Neuman, Jeff wrote:
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I also would like to see the statement about
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the "scrupulous observance of the chartering
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process" removed. We still need to find out why
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the at-large icann staff sent the report to the
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board on May 9th as is indicated in Olivier's
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note. I am also not convinced that one
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organization sending the report to the board
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without the approval of the other organization
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is in line with the chartering process, but we can discuss that further.
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Jeffrey J. Neuman, Esq.
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Vice President, Law & Policy
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NeuStar, Inc.
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Jeff.Neuman@neustar.biz
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From: tim@godaddy.com [mailto:tim@godaddy.com]
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Sent: Tuesday, May 17, 2011 08:12 AM
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To: StÃ©phane Van Gelder
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<stephane.vangelder@indom.com>;
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owner-council@gnso.icann.org
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<owner-council@gnso.icann.org>; Council GNSO <council@gnso.icann.org>
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Subject: Re: [council] Re: Statement of the
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ALAC on the Joint Applicant Support Second Milestone Report
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No objection if you remove the last sentence.
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There is no chartering process for CWGs. The
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ALAC and GNSO could not even agree on what the
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charter should be. And at least a few of us
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have concerns about how and why CWGs are being formed.Tim
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From: StÃ©phane Van Gelder <stephane.vangelder@indom.com>
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Sender: owner-council@gnso.icann.org
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Date: Tue, 17 May 2011 10:45:21 +0200
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To: Council GNSO<council@gnso.icann.org>
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Subject: Re: [council] Re: Statement of the
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ALAC on the Joint Applicant Support Second Milestone Report
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Councillors,
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Please find below the NCSG's suggestion on a
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message which I could send to the Chairman of
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the Board in my capacity as Chair of the GNSO.
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Thanks Mary for providing this draft.
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Please let me have your comments.
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StÃ©phane
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Le 14 mai 2011 Ã  16:31,
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<<mailto:Mary.Wong@law.unh.edu>Mary.Wong@law.unh.edu>
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<<mailto:Mary.Wong@law.unh.edu>Mary.Wong@law.unh.edu> a Ã©crit :
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Hi - sorry for the delay in getting back to
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you on the Council letter; there has been some
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lively discussion among some NCSG folks about it.
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We suggest the following draft:
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Dear Peter,
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We understand that ALAC has forwarded to the
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Board the Joint SO/AC New gTLD Applicant
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Support Working Group (JAS WG)'s Second
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Milestone Report. As the other chartering
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organization of the JAS WG, the GNSO Council
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notes that it has not yet approved the Report.
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We acknowledge the Board's desire to move
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forward with new gTLDs, including issues
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relating to applicant support, and hope to
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provide the Board with our advice and recommendations as soon as
possible.
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The GNSO Council would also like to inform the
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Board that it appreciates the JAS WG's
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scrupulous observance of the chartering
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process, in submitting its Report
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simultaneously to ALAC and the GNSO for review.
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I would be grateful if you could convey the
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GNSO Council's message to the Board.
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Best regards,
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Stephane van Gelder
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Cheers
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Mary
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Mary W S Wong
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Professor of Law
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Chair, Graduate IP Programs
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Director, Franklin Pierce Center for IP
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UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two
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White Street Concord, NH 03301 USA Email:
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<mailto:mary.wong@law.unh.edu>mary.wong@law.unh.edu
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Phone: 1-603-513-5143 Webpage:
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<http://www.law.unh.edu/marywong/index.php>http://www.law.unh.edu/marywon
g/index.php
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Selected writings available on the Social
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Science Research Network (SSRN) at:
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<http://ssrn.com/author=437584>http://ssrn.com/author=437584>>>
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