Phil, In the interest of the short time frame to submissions, can I ask you to send to the list your proposed language changes regarding the section you disagree with? Thanks, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11 _____ From: Phil Corwin [mailto:pcorwin@butera-andrews.com] Sent: Thursday, July 15, 2010 4:09 PM To: Ron Andruff; bc-GNSO@icann.org Subject: RE: [bc-gnso] DRAFT BC Public Comments on DAGv4 Once again the ICA must dissent in regard to that portion of the proposed comment dealing with the URS. Without getting into great detail - other than noting that the domain transfer option, which was not even suggested by the IRT, would further blur the distinction between URS and UDRP - we would observe that to a large extent the details of the URS now in DAGv4 are based largely on an STI process in which the BC participated, and which reached consensus positions that were unanimously adopted by the GNSO and subsequently accepted by the ICANN Board. That does not mean we are insensitive to the desire of rights holders to have a faster and less expensive process for the 70% of UDRP filings that result in a default judgment. However, our position remains that such objective can be best achieved through balanced and comprehensive UDRP reform that addresses the current UDRP concerns of both rights holders and registrants, that places UDRP providers under binding and enforceable agreements, and that applies to both incumbent and new gTLDs (which is the only path to having a UDRP that is truly Uniform). We do believe that any BC comment proposed to be submitted, given the passage of time and events since BC positions were originally set, should be subject to a vote of the Constituency membership. Thank you for considering our views. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey _____ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Ron Andruff Sent: Thursday, July 15, 2010 10:21 AM To: bc-GNSO@icann.org Subject: [bc-gnso] DRAFT BC Public Comments on DAGv4 Importance: High Dear Members, Further to my reminder earlier this week regarding the need for a BC public comment on DAGv4, Sarah Deutsch and I have developed a draft for member review and comment. Effectively, we have taken the BC's DAGv3 comments and added/amended based on (1) staff having largely ignored our comments in DAGv2 and v3; and (2) utilized subsequent information that has come available in the interim (e.g., the latest economic study). FYI, Sarah drafted the RPM material and I took responsibility for the other elements. We ask that members review and comment on the document at your earliest convenience, so that we can meet the submission deadline of Wednesday, July 21st. Sorry for the late posting, but unfortunately with summer holidays and all, a few things are slipping between the cracks... Thanks in advance for your soonest input. Kind regards, RA Ronald N. Andruff President RNA Partners, Inc. 220 Fifth Avenue New York, New York 10001 + 1 212 481 2820 ext. 11

I support NOT commenting in our proposed paper on DAG4 paper on the recent staff exodus. An organisation that loses much of its senior management team within months of the arrival of a new CEO is an organisation within which something is wrong. I suggest the BC ex comm discuss whether they believe the BC should make a general comment or perhaps a letter on this issue (or maybe a letter just on compliance). Philip

Agree that it is not appropriate to mention staff changes in the DAG comment letter. Has ICANN really lost "much of its senior management team"? I know that Brent and Giza are leaving, but are there others? In any event, unless there's an epidemic of such departures, and unless we know the specific reasons for them, it is inappropriate to assert that they indicate problems with the new CEO -- in fact, my experience is that most large organizations see some significant staff turnover in the year after a new CEO comes on board. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: owner-bc-gnso@icann.org [owner-bc-gnso@icann.org] on behalf of Philip Sheppard [philip.sheppard@aim.be] Sent: Monday, July 19, 2010 4:17 AM To: bc-GNSO@icann.org Subject: [bc-gnso] ICANN staff exodus I support NOT commenting in our proposed paper on DAG4 paper on the recent staff exodus. An organisation that loses much of its senior management team within months of the arrival of a new CEO is an organisation within which something is wrong. I suggest the BC ex comm discuss whether they believe the BC should make a general comment or perhaps a letter on this issue (or maybe a letter just on compliance). Philip