February 2004 - council - lists.icann.org

Summary of Constituency Statements :Future new Services or Actions by gTLD Registries
by GNSO SECRETARIAT 10 Feb '04

10 Feb '04

[To:council[at]gnso.icann.org] Please find the ICANN Staff Manager's "Summary of Constituency Statements on Future new Services or Actions by gTLD Registries" 6 February 2004 at: http://gnso.icann.org/issues/registry-services/statement-summary-06feb04.sht ml GNSO Secretariat

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Board Seat 13
by Marc Schneiders 09 Feb '04

09 Feb '04

Since we have only 9 days for nominations for the ICANN Board seat now occupied by Dr Alejandro Pisanty, it would be helpful, if we could get answers to the questions posed earlier on this list quickly: 1. Is Dr Pisanty re-eligible according to the bylaws? Bruce Tonkin said: yes, Elisabeth Proteneuve argued: no. 2. Is Dr Pisanty willing to be serve for another term? (I cc this mail to him.) -- Marc Schneiders

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RE: [council] Board Seat 13
by Cade,Marilyn S - LGCRP 09 Feb '04

09 Feb '04

I understand that Alejandro Pisanty is eligible to stand again for the Board. John [Jeffry, General Counsel,], can you provide the Council with definitive information on this please? Marilyn S. Cade AT&T Law & Government Affairs 1120 20th Street, NW, Suite 1000N Washington, DC 20036 202-457-2106v 281-664-9731 e-fax 202-360-1196 c mcade(a)att.com -----Original Message----- From: Marc Schneiders [mailto:marc@schneiders.org] Sent: Monday, February 09, 2004 9:52 AM To: council(a)gnso.icann.org Cc: apisan(a)servidor.unam.mx Subject: [council] Board Seat 13 Since we have only 9 days for nominations for the ICANN Board seat now occupied by Dr Alejandro Pisanty, it would be helpful, if we could get answers to the questions posed earlier on this list quickly: 1. Is Dr Pisanty re-eligible according to the bylaws? Bruce Tonkin said: yes, Elisabeth Proteneuve argued: no. 2. Is Dr Pisanty willing to be serve for another term? (I cc this mail to him.) -- Marc Schneiders

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GNSO Council teleconference Jan. 22 Draft minutes
by GNSO SECRETARIAT 06 Feb '04

06 Feb '04

[To: council[at]gnso.icann.org] Dear Council members, Attached please find the draft minutes of the GNSO COuncil teleconference held on January, 22, 2004. If there are any changes that you would like made, kindly let me know. Thank you, Glen de Saint Géry GNSO Secretariat.

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Election for ICANN Board seat number 13
by Bruce Tonkin 05 Feb '04

05 Feb '04

Hello All, In accordance with the ICANN bylaws (http://www.icann.org/general/bylaws.htm#VI Under ARTICLE VI: Section 8, Paragraph 1, sub-paragraph e: "The regular terms of Seats 10 and 13 shall begin on the day six months after the conclusion of ICANN's annual meeting in 2003 and each ICANN annual meeting every third year after 2003;" An election is required for seat number 13, six months after the annual meeting in 2003 (held on 31 Oct 2003). We need to elect a person to fill seat number 13 by 30 April 2004. Seat 13 is currently occupied by: Alejandro Pisanty The process used in the last election is described at: http://www.dnso.org/elections/2003.GNSO-ICANN-seat13-nomination-proc.htm l Only GNSO council members may nominate and vote for candidates, although GNSO Council members should consult with their constituencies with regard to suitable candidates. The criteria for ICANN Board members are set out in the nomination process and are derived from the ICANN by-laws. Note that: "At any given time, no two Directors selected by a Supporting Organization shall be citizens of the same country or of countries located in the same Geographic Region. " The other GNSO elected director is Michael Palage, occupying seat 14, from the United States of America in the North American region. I recommend we use the same process as the last election, and call for nominations to begin now until 19 Feb 2004 (ie a 14 day period). Please indicate if you support this approach. Regards, Bruce Tonkin

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RE: [council] Re: Election for ICANN Board seat number 13
by Elisabeth Porteneuve 05 Feb '04

05 Feb '04

Dear Bruce, Let me allow to jump into conversation - the Old Memory souvenirs ... In Carthesian system (universal mathematician logic) Alex was serving 2 terms elected under "Old Bylaws" (the second term being shortened by "Transition") and one on Seat 13. How it is interpret by Bylaws, what was intended in "Transition" which lasted for one year - I have no idea. The ICANN's Bylaws is a jungle, it is even impossible to see when "Old Bylaws" stopped, and when "New" ones started, and deduce when "Transition" was (I spent all years since 1998 to follow Bylaws' wording on day-by-day basis and have difficulties to dig it out). There is nothing else that a raw record of amended Bylaws cf. http://www.icann.org/general/corporate.html I recall that the simple system - ICANN Board Director mandate ending with calendar's year - have been replaced by mandate ending with annual AGM. Subsequently annual AGM have been written in Bylaws as being mandatory to be held in Marina des Rey, then even ICANN itself could not fulfill that clause ! Who knows when mandate terminates in that system? I wonder if ICANN ever consider that as international organization it has a duty to be a system which not only native American speaking lawyers with twenty years of practice can understand. The record of DNSO/GNSO votes is at: http://www.dnso.org/dnso/dnso.ncindex.html - elected October 1999, Old Board, 3 years term starting immediately, ending at the last AGM in 2002 http://www.dnso.org/elections/1999.DNSO-ICANN-election-result.html VII. On October 12th, 17:45 CET the secretariat announced that Alejandro Pisanty was elected for 3 years term at the ICANN Board. http://www.dnso.org/dnso/announce/Archives/msg00037.html - re-elected September 2002, Old Board term starting at the last AGM in 2002, ending when "Transition" ends (mid-2003) http://www.dnso.org/elections/2002.DNSO-ICANN-election-result.html V. Names Council vote On 26 September 2002 during the NC teleconference, (twenty) NC members present ratified the vote result. The adopted motion with the notification of election results was subsequeltly posted by the Secretariat to the ICANN Board http://www.dnso.org/clubpublic/council/Arc11/msg00066.html and the announcement made to the DNSO http://www.dnso.org/clubpublic/ga/Arc11/msg00446.html Alejandro Pisanty was elected for 3 year term at the ICANN Board. - elected April-May 2003, New Board cf. http://www.dnso.org/ "Seat 13: 23 Apr - 22 May 2003: Alejandro Pisanty is declared elected The resulting director will sit on the Board from mid 2003 until second quarter 2004." Kind regards to all, Elisabeth Porteneuve -- > > Thnaks Marilyn. My apologies for getting it wrong - I missed it when I > read it last time. > > Upon reading the bylaws again I have found a statement: > > From: http://www.icann.org/general/bylaws.htm > Article VI, Section 8, paragraph 5: > "Subject to the provisions of the Transition Article of these Bylaws, no > Director may serve more than three consecutive terms. For these > purposes, a person selected to fill a vacancy in a term shall not be > deemed to have served that term." > > Also from the Transition Article XX, Section 2, paragraph 8: > "In applying the term-limitation provision of Section 8(5) of Article > VI, a Director's service on the Board before the Effective Date and Time > of the New Board shall count as one term." > > > Thus Alejandro Pisanty has served: > - one term prior to the New Board > - one term since the New Board (for 1 year) > > And thus is eligible for a third term. > > Regards, > Bruce Tonkin > > > > -----Original Message----- > > From: Cade,Marilyn S - LGCRP [mailto:mcade@att.com] > > Sent: Thursday, 5 February 2004 9:38 AM > > To: Bruce Tonkin; council(a)gnso.icann.org > > Cc: apisan(a)servidor.unam.mx > > Subject: RE: [council] Re: Election for ICANN Board seat number 13 > > > > > > I am under the impression that there is a limit to the > > number of terms that a board member can serve, but I could be wrong. > > > > Marilyn S. Cade > > AT&T Law & Government Affairs > > 1120 20th Street, NW, Suite 1000N > > Washington, DC 20036 > > > > 202-457-2106v > > 281-664-9731 e-fax > > 202-360-1196 c > > mcade(a)att.com > > > > > > -----Original Message----- > > From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] > > Sent: Wednesday, February 04, 2004 5:31 PM > > To: council(a)gnso.icann.org > > Cc: apisan(a)servidor.unam.mx > > Subject: RE: [council] Re: Election for ICANN Board seat number 13 > > > > > > Hello Cary, > > > > > > > > Is the incumbent eligible for reelection? > > > > > > > I believe so. I couldn't see anything in the bylaws that > > relates to the number of terms a director may serve. > > > > I will check with the ICANN General Counsel. > > > > Regards, > > Bruce > > >

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RE: [council] Re: Election for ICANN Board seat number 13
by Bruce Tonkin 04 Feb '04

04 Feb '04

Thnaks Marilyn. My apologies for getting it wrong - I missed it when I read it last time. Upon reading the bylaws again I have found a statement: From: http://www.icann.org/general/bylaws.htm Article VI, Section 8, paragraph 5: "Subject to the provisions of the Transition Article of these Bylaws, no Director may serve more than three consecutive terms. For these purposes, a person selected to fill a vacancy in a term shall not be deemed to have served that term." Also from the Transition Article XX, Section 2, paragraph 8: "In applying the term-limitation provision of Section 8(5) of Article VI, a Director's service on the Board before the Effective Date and Time of the New Board shall count as one term." Thus Alejandro Pisanty has served: - one term prior to the New Board - one term since the New Board (for 1 year) And thus is eligible for a third term. Regards, Bruce Tonkin > -----Original Message----- > From: Cade,Marilyn S - LGCRP [mailto:mcade@att.com] > Sent: Thursday, 5 February 2004 9:38 AM > To: Bruce Tonkin; council(a)gnso.icann.org > Cc: apisan(a)servidor.unam.mx > Subject: RE: [council] Re: Election for ICANN Board seat number 13 > > > I am under the impression that there is a limit to the > number of terms that a board member can serve, but I could be wrong. > > Marilyn S. Cade > AT&T Law & Government Affairs > 1120 20th Street, NW, Suite 1000N > Washington, DC 20036 > > 202-457-2106v > 281-664-9731 e-fax > 202-360-1196 c > mcade(a)att.com > > > -----Original Message----- > From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] > Sent: Wednesday, February 04, 2004 5:31 PM > To: council(a)gnso.icann.org > Cc: apisan(a)servidor.unam.mx > Subject: RE: [council] Re: Election for ICANN Board seat number 13 > > > Hello Cary, > > > > > Is the incumbent eligible for reelection? > > > > I believe so. I couldn't see anything in the bylaws that > relates to the number of terms a director may serve. > > I will check with the ICANN General Counsel. > > Regards, > Bruce >

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RE: [council] Re: Election for ICANN Board seat number 13
by Cade,Marilyn S - LGCRP 04 Feb '04

04 Feb '04

I am under the impression that there is a limit to the number of terms that a board member can serve, but I could be wrong. Marilyn S. Cade AT&T Law & Government Affairs 1120 20th Street, NW, Suite 1000N Washington, DC 20036 202-457-2106v 281-664-9731 e-fax 202-360-1196 c mcade(a)att.com -----Original Message----- From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] Sent: Wednesday, February 04, 2004 5:31 PM To: council(a)gnso.icann.org Cc: apisan(a)servidor.unam.mx Subject: RE: [council] Re: Election for ICANN Board seat number 13 Hello Cary, > > Is the incumbent eligible for reelection? > I believe so. I couldn't see anything in the bylaws that relates to the number of terms a director may serve. I will check with the ICANN General Counsel. Regards, Bruce

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RE: [council] Re: Election for ICANN Board seat number 13
by Bruce Tonkin 04 Feb '04

04 Feb '04

Hello Cary, > > Is the incumbent eligible for reelection? > I believe so. I couldn't see anything in the bylaws that relates to the number of terms a director may serve. I will check with the ICANN General Counsel. Regards, Bruce

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RE: [council] GNSO Council Meeting 5 Feb 2004 - CANCELLED
by Cade,Marilyn S - LGCRP 04 Feb '04

04 Feb '04

Bruce, can I ask that you add three agenda items to our next Council meeting. -Time frames for deliverables to Council -Staff Support to Council -Review of PDP Process On the last item, I do not suggest that we undertake a review of the PDP process at this time; however, I do suggest that Council think ahead about when it would be appropriate to assess the present PDP and identify any needed modifications, since Board approval is required. IF the end of 2004 is the right time, then we should be keeping some form of documentation of the challenges encountered by TFs as they try to work under the present PDP process, its timeframes, and processes, to create consensus policy. Marilyn S. Cade AT&T Law & Government Affairs 1120 20th Street, NW, Suite 1000N Washington, DC 20036 202-457-2106v 281-664-9731 e-fax 202-360-1196 c mcade(a)att.com -----Original Message----- From: GNSO SECRETARIAT [mailto:gnso.secretariat@gnso.icann.org] Sent: Wednesday, February 04, 2004 12:33 AM To: council Subject: [council] GNSO Council Meeting 5 Feb 2004 - CANCELLED Bruce Tonkin wrote: mercredi 4 fevrier 2004 05:46 Hello All, The next GNSO Council meeting was scheduled for 5 Feb 2004. The main item on the agenda was to discuss a summary of the constituency positions on the approval process for gTLD service changes. This summary has not yet been completed, although I understand from the ICANN Staff Manager (Barbara Roseman) that it will be in the next 24 hours. We need at least 7 days to consider such a summary (which should identify areas of agreement and disagreement and identify the beginnings of a draft process). So the meeting for 5 Feb 2004 has been CANCELLED. The next scheduled meeting is set for 19 Feb 2004. Hopefully we can have some further discussion via the email list on the approval process before then, once we have access to the summary. Regards, Bruce Tonkin

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