December 2009 - council - lists.icann.org

Motions for 17 Dec Council Meeting
by Gomes, Chuck 14 Dec '09

14 Dec '09

For our 17 Dec Council meeting, the following four motions listed below with their status are posted at https://st.icann.org/gnso-council/index.cgi?17_december_motions <https://st.icann.org/gnso-council/index.cgi?17_december_motions> ): 1. Motion To Approve Tool Kit of Services Recommendations for GNSO Constituencies and Stakeholder Groups (amended 4 Dec 09) - moved & seconded 2. Motion to Approve the Alternative Proposal recommended by the Special Trademark Issues Review Team - needs to be moved and seconded 3. Motion to delay decision regarding initiation of a Vertical Integration PDP - needs to be seconded 4. Proposed Motion on Support for a PDP Work Team Face to Face Meeting - needs to be seconded At this point, only motion 1 above is ready for action. So we need someone to make motion 2 and, if that happens, we will need a second. We also need seconds on motions 3 & 4. Chuck

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FW: Support for a PDP Work Team Face to Face Meeting
by Gomes, Chuck 13 Dec '09

13 Dec '09

Here is a request from Jeff Neuman, chair of the PDP WT and chair of the PPSC, for a face-to-face (F2F) WT meeting including ICANN travel funding support. Please ignore a previous version of Jeff's message distributed on the Council list because it was sent to the Council list prematurely. Please note that a detailed request is provided in the attached file. In preparation for our Council meeting on 17 December, please review Jeff's message below and the attached file for discussion and possible action by the Council in that meeting. And please forward this message with the attachment to your respective groups immediately so that they can do the same and provide Councilors input before 17 December and thereby provide you any direction they have on this issue. Note that this request was received after the required deadline in the Council Operation Procedures so we will have to decide whether to make an exception to the Procedures before taking any action. The reason for considering this exception is because the request is for a F2F meeting in January and to delay a decision until our 7 January meeting would be too late to allow adequate time for travel plans and other arrangements. Also note that there are no provisions in any of the documents that govern Council operation that provide procedures for Council action on issues like this; we quite possibly will need to consider that topic sometime in the future. At present though, I believe it is important for the Council to be involved in this decision because already budgeted GNSO Improvement funds used for this request would not be available for funding of other such requests in the future or for other GNSO improvement implementation actions in this fiscal year. Staff will provide more details on funds available. Jeff Neuman has been invited to participate in the 17 December Council meeting so he can be available to answer questions. In the meantime, I encourage discussion on the Council list. Chuck ________________________________ From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Thursday, December 10, 2009 9:47 PM To: Gomes, Chuck Cc: Glen de Saint Géry; gnso-ppsc-pdp(a)icann.org; gnso-ppsc(a)icann.org Subject: Support for a PDP Work Team Face to Face Meeting Chuck, Please find enclosed a request by the PDP Work Team for a face to face meeting in January 2010 which sets forth the rationale for needing such a working session. This draft was discussed by the PDP Work Team on e-mail and during two conference calls. Although there was not a consensus on the request for such a face to face meeting within the PDP WT, there was strong support from the RySG, the IP Constituency, the ISP Constituency, ALAC and one of the two Business Constituency representatives for the reasons stated within the attached document. The Registrar representatives and 1 of the business constituency representatives were not in favor of the request. The NCSG generally believes that there could be a positive benefit from a face to face meeting with the caveats expressed below. The PDP WT offers no opinion in this document on the general role of face to face meetings, the Council's role in approving or supporting those face to face meetings, etc., but rather focuses on our specific request. The request was sent to the full Policy Process Steering Committee on December 5, 2009, and although no comments were actually received from any person on the PPSC that was not already a member of the PDP WT, there were a number of e-mails on various mailing lists on this topic. The discussions are primarily archived on two lists: (i) the PPSC list (http://forum.icann.org/lists/gnso-ppsc/ <http://forum.icann.org/lists/gnso-ppsc/> ) and (ii) the PDP-WT list (the PDP WT list - http://forum.icann.org/lists/gnso-ppsc-pdp/ <http://forum.icann.org/lists/gnso-ppsc-pdp/> ). It should be noted that the PPSC as a whole has been inactive since the formation of the Work Teams early this year. In fact some members of the PPSC listed at https://st.icann.org/icann-ppsc/index.cgi?policy_process_steering_committee… <https://st.icann.org/icann-ppsc/index.cgi?policy_process_steering_committee…> , may not be members of the Council or even active in the community. That is a separate issue that I plan on addressing in the next few weeks. The NCSG arguments can be found in full at http://forum.icann.org/lists/gnso-ppsc-pdp/msg00241.html. To summarize, the NCSG has argued that there is not a consensus of the group in support of (i) the rationale for the Face to Face meeting, (ii) the appropriateness of holding such a meeting in the United States, and (iii) the resolution of how many people from each SG or constituency should be funded by ICANN to attend. The NCSG believes that there should be parity of representatives funded to attend face to face meetings by Stakeholder Group (as opposed to by Constituency). Finally, there was a question raised as to who makes the decisions on holding and funding these types of meetings (the Work Team, the Steering Committee, the GNSO Council, ICANN Policy Staff, etc.). Whether or not we have a face to face meeting, each member of the PDP WT with the exception of one business constituency representative believes that the work of the PDP-WT is essential and should be of the highest priority of the GNSO Council and community. The work being performed in the WT was work directed to be done ultimately by the Board Governance Committee as part of the GNSO Improvements Process. The finalization of the Policy Development Process will guide how all future policy is made under the new structure and as such should be resolved as quickly as possible. The review of the PDP is incredibly broad and complex. There are a number of difficult issues that we have been, and continue to be, tackling in order to come up with a process acceptable to the global Internet community. The core group of participants (including ICANN policy staff) are diverse, knowledgeable, passionate and highly respected members of the community and are fully committed to seeing this process through to the end regardless of having this face to face meeting. I have the utmost respect for each member of the team. Please let me know if you have any questions. I would be happy to make myself available for the Council meeting to address any questions. Thank you for your consideration of our request. Jeffrey J. Neuman , PDP Work Team Chair Neustar, Inc. / Vice President, Law & Policy 46000 Center Oak Plaza Sterling, VA 20166 Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 / jeff.neuman(a)neustar.biz <mailto:jeff.neuman@neustar.biz> / www.neustar.biz <http://www.neustar.biz/> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.

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RE: [council] Request for adding chairs to Council list
by Tim Ruiz 12 Dec '09

12 Dec '09

I'm not sure about this. The Council list is already public so there isn't any reason WG Chairs, or anyone else, cannot follow what's going on. Adding them to the Council list would allow them to post to it, but is that really necessary? It has come up a few times recently, but I don't recall that as a huge problem overall. If we add WG/WT Chairs, what about Constituency and SG Chairs and ExComs? Seems to me this could be a slippery slope that ends up with a lot of traffic on the list that hinders Councilor communication more than it helps. It also adds a level of complexity to maintaining the list. Not objecting yet. Just trying to think it through. Tim -------- Original Message -------- Subject: [council] Request for adding chairs to Council list From: "Gomes, Chuck" <cgomes(a)verisign.com> Date: Sat, December 12, 2009 8:00 am To: "GNSO Council" <council(a)gnso.icann.org> It has been suggested that it might be a good idea to include chairs of WGs, WTs, DTs, etc. to the Council mailing list. If we have time in our upcoming meeting we will initiate discussion on this suggestion as a general practice. In the meantime, we have two action items on our 17 Dec. agenda for which I invited the chairs of the associated groups to attend our meeting as observers so that they can answer questions: STI Group (David Maher, chair) and PDP WT (Jeff Neuman, chair). It could be beneficial to temporarily add David and Jeff to the Council email list leading up to our meeting this coming Thursday so that they could immediately see list discussion on these two agenda topics and even respond to questions or discussion as needed. Would anyone object to us doing that? Please say so by Monday, 14 December if you object. Otherwise, I will go ahead and ask that they be temporarily added to the Council list through Thursday, 17 December. If anyone objects, I will not do that. Chuck

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RE: [council] Request for adding chairs to Council list
by Gomes, Chuck 12 Dec '09

12 Dec '09

As I stated in my message, because of this objection, I will not ask Glen to add David or Jeff to the Council list temporarily. Chuck ________________________________ From: Mike Rodenbaugh [mailto:mike@rodenbaugh.com] Sent: Saturday, December 12, 2009 9:43 AM To: Gomes, Chuck; owner-council(a)gnso.icann.org; GNSO Council Subject: Re: [council] Request for adding chairs to Council list I object. bad precedent to allow non Councilors or Staff to post. Anyone can receive the list now. And they can post thru their Council reps. Mike Rodenbaugh Rodenbaugh Law ________________________________ From: "Gomes, Chuck" <cgomes(a)verisign.com> Date: Sat, 12 Dec 2009 09:00:21 -0500 To: GNSO Council<council(a)gnso.icann.org> Subject: [council] Request for adding chairs to Council list It has been suggested that it might be a good idea to include chairs of WGs, WTs, DTs, etc. to the Council mailing list. If we have time in our upcoming meeting we will initiate discussion on this suggestion as a general practice. In the meantime, we have two action items on our 17 Dec. agenda for which I invited the chairs of the associated groups to attend our meeting as observers so that they can answer questions: STI Group (David Maher, chair) and PDP WT (Jeff Neuman, chair). It could be beneficial to temporarily add David and Jeff to the Council email list leading up to our meeting this coming Thursday so that they could immediately see list discussion on these two agenda topics and even respond to questions or discussion as needed. Would anyone object to us doing that? Please say so by Monday, 14 December if you object. Otherwise, I will go ahead and ask that they be temporarily added to the Council list through Thursday, 17 December. If anyone objects, I will not do that. Chuck

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Request for adding chairs to Council list
by Gomes, Chuck 12 Dec '09

12 Dec '09

It has been suggested that it might be a good idea to include chairs of WGs, WTs, DTs, etc. to the Council mailing list. If we have time in our upcoming meeting we will initiate discussion on this suggestion as a general practice. In the meantime, we have two action items on our 17 Dec. agenda for which I invited the chairs of the associated groups to attend our meeting as observers so that they can answer questions: STI Group (David Maher, chair) and PDP WT (Jeff Neuman, chair). It could be beneficial to temporarily add David and Jeff to the Council email list leading up to our meeting this coming Thursday so that they could immediately see list discussion on these two agenda topics and even respond to questions or discussion as needed. Would anyone object to us doing that? Please say so by Monday, 14 December if you object. Otherwise, I will go ahead and ask that they be temporarily added to the Council list through Thursday, 17 December. If anyone objects, I will not do that. Chuck

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Special Trademark Issues Work Team Report to the GNSO Council
by Margie Milam 12 Dec '09

12 Dec '09

Dear All, On behalf of David Maher, the Chair of the STI Work Team, I am pleased to forward the Report from the Special Trademark Issues Work Team describing recommendations for the GNSO Council to consider at its meeting on 17 December 2009. Please note that there are several minority reports that are currently under development, as referenced in Annex 4, that will be sent separately to the GNSO Council as they are completed. Best Regards, Margie Milam _________________ Margie Milam Senior Policy Counselor ICANN _________________

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Issues Report on Vertical Integration Between Registries and Registrars
by Margie Milam 12 Dec '09

12 Dec '09

Dear All, I am pleased to submit for your review and consideration, the attached Issues Report on Vertical Integration Between Registries and Registrars. As you may recall, this report was requested by the GNSO Council in response to a motion made by Mary Wong for the 3 September 2009 GNSO Council meeting, and carried during the Council teleconference meeting on 24 September 2009. Please note that I will be providing a brief overview of the Issues Report at the next council meeting on 17 December 2009, and look forward to answering any questions that you may have at the meeting. Best Regards, Margie ____________ Margie Milam Senior Policy Counselor, ICANN ____________

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GNSO Council meeting 17 December - Useful Links
by Glen de Saint Géry 11 Dec '09

11 Dec '09

Dear Council Members, Please note the following links for your convenience in preparing your groups for the discussions and eventual voting at the GNSO Council meeting on Thursday, 17 December 2009 at 15:00UTC. The Agenda is posted on the Wiki https://st.icann.org/gnso-council/index.cgi?agenda_17_december_2009 and on the GNSO Website http://gnso.icann.org/meetings/agenda-17dec09-en.htm Item 3: Special Trademark Issues (STI) Review Team The report is posted at: Special Trademark Issues Review Team Recommendations (11 December 2009) http://gnso.icann.org/issues/sti/sti-wt-recommendations-11dec09-en.pdf the proposed motion can be viewed at: https://st.icann.org/gnso-council/index.cgi?17_december_motions 3.3 Council action? Item 7: AOB 7.1 Request for Policy Process Steering Committee( PPSC) Working Group Team face-to-face meeting http://gnso.icann.org/drafts/request-pdp-wt-meeting-03dec09-en.pdf Correspondence from Jeff Neuman - PPSC (Policy Development Process) PDP chair to Chuck Gomes - GNSO Council chair http://gnso.icann.org/correspondence/neuman-to-gnso-council-chair-10dec09-e… Message from Chuck Gomes to GNSO Council http://gnso.icann.org/correspondence/gomes-to-gnso-council-11dec09-en.pdf All the proposed motions can be viewed at: https://st.icann.org/gnso-council/index.cgi?17_december_motions The call details will follow in a separate email. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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RE: [council] FW: Support for a PDP Work Team Face to Face Meeting
by Tim Ruiz 11 Dec '09

11 Dec '09

Chuck, I think Mike's point about the PDP-WT's request first being evaluated by the PPSC is correct. The PDP-WT was formed by the PPSC, not the Council. If the PPSC has not been consulted then I agree that it should be consulted before the Council take any action on this. The timing of the request in relation to the actual F2F should not be used as an excuse to try to hurry this along. If approved, the WT can meet in February if January doesn't work out. The PDP-WT has had considerable time to make the request considering when it first came up (before Seoul). It appears to me the last three or so conference calls have focused on it. In fact, if they'd spent their time actually dealing with charter issues instead of debating the F2F issue there may not be a need for a F2F. As you said yourself, "already budgeted GNSO Improvement funds used for this request would not be available for funding of other such requests in the future or for other GNSO improvement implementation actions in this fiscal year." And, "there are no provisions in any of the documents that govern Council operation that provide procedures for Council action on issues like this." So I don't think it is wise for Council to rush to a vote on this. Tim -------- Original Message -------- Subject: RE: [council] FW: Support for a PDP Work Team Face to Face Meeting From: "Gomes, Chuck" <cgomes(a)verisign.com> Date: Fri, December 11, 2009 9:40 am To: <icann(a)rodenbaugh.com>, <council(a)gnso.icann.org> Cc: "Neuman, Jeff" <Jeff.Neuman(a)neustar.us>, <gnso-ppsc-pdp(a)icann.org>, "Zahid Jamil" <zahid(a)jamilandjamil.com> Please note my responses below Mike. Please understand that my comments should not be interpreted to mean that I support or oppose the request. That is a decision for the whole Council to make and the reason it is being added to the agenda is so that the Council can consider the pros and cons. I plan to participate in that discussion in our meeting and will voice my personal opinions and those of the RySG in that regard then. Chuck From: Mike Rodenbaugh [mailto:icann@rodenbaugh.com] Sent: Friday, December 11, 2009 9:29 AM To: Gomes, Chuck; council(a)gnso.icann.org Cc: 'Neuman, Jeff'; gnso-ppsc-pdp(a)icann.org Subject: RE: [council] FW: Support for a PDP Work Team Face to Face Meeting The BC will exercise its right to push any vote on this issue to the next meeting in Jaunuary, as we have not begun to discuss the issue and therefore have not come to a consensus position. The issue certainly does not warrant emergency consideration in the next 7 days, particularly given all of the other issues we are considering these days. [Gomes, Chuck] To what "right" are you referring? It is correct that we have had a consistent practice of honoring a request by any constituency if they needed more time to consider an issue. I support that practice if such a request is coming from a Stakeholder Group and I think even if it comes from a constituency within a SG, so I personally would like to request from you Mike and Zahid as Councilors from the BC, that you would both confirm that the BC supports your request for delay. It is my understanding that the BC has an Executive Committee, so if it is not possible to confirm this with the full BC membership, I am sure that your executive committee could act on my request between now and 17 December. It has also been a practice of the Council to consider exceptions to procedures and practices in cases where time sensitivity is a factor. In our meeting on Thursday we will debate whether an exception is warranted in this case as well as whether the work of this WT is a high priority. Please note Mike that a request to delay a decision on this means that a F2F meeting, if supported, could likely not happen in January as proposed by the WT and that a delay until February could possibly reduce the progress made on the PDP work before the Nairobi meeting. Finally, considering the fact that you are a member of the PDP WT on behalf of the BC, am I correct in assuming that you have kept the BC membership informed of the issues the WT has considered including the possibility of a F2F meeting on an ongoing basis? If so, am I correct in assuming that you have already obtained feedback from BC members on this issue? It seems to me that the BC has had considerable time to discuss this issue, so to invoke a Council practice may not be well justified in your case. Also, the PDP-WT should not be making requests of Council, especially requests that do not have consensus even of the WT. The PPSC should be evaluating this request now, and should make any recommendation to Council, if any. This was the process that was agrees when we formed the PPSC and the WTs, and there is no justification to ignore it now, simply because a WT Chair, some of its members, and a few ICANN Staff apparently think this is an emergency to schedule a F2F meeting. [Gomes, Chuck] I understand that you personally oppose this request but I encourage you not to use process and procedural arguments to advance your personal agenda. If this is truly a BC issue, fine, but I again I ask you and Zahid to please confirm that the BC membership and/or executive committee supports your request for a delay. If Council is going to act on this request, it must be in the context of our overall prioritization work, and not on an emergency basis as appears to be requested. [Gomes, Chuck] No one to my knowledge has called this an emergency but there are clearly those who believe it is a higher priority than you do. The goal in our upcoming meeting is to get a sense of where the full Council is on this. And I look forward to a lively discussion on the pros and cons. Mike Rodenbaugh RODENBAUGH LAW 548 Market Street San Francisco, CA 94104 (415) 738-8087 http://rodenbaugh.com From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Gomes, Chuck Sent: Friday, December 11, 2009 6:02 AM To: council(a)gnso.icann.org Cc: Neuman, Jeff; gnso-ppsc-pdp(a)icann.org Subject: [council] FW: Support for a PDP Work Team Face to Face Meeting Importance: High Here is a request from Jeff Neuman, chair of the PDP WT and chair of the PPSC, for a face-to-face (F2F) WT meeting including ICANN travel funding support. Please ignore a previous version of Jeff's message distributed on the Council list because it was sent to the Council list prematurely. Please note that a detailed request is provided in the attached file. In preparation for our Council meeting on 17 December, please review Jeff's message below and the attached file for discussion and possible action by the Council in that meeting. And please forward this message with the attachment to your respective groups immediately so that they can do the same and provide Councilors input before 17 December and thereby provide you any direction they have on this issue. Note that this request was received after the required deadline in the Council Operation Procedures so we will have to decide whether to make an exception to the Procedures before taking any action. The reason for considering this exception is because the request is for a F2F meeting in January and to delay a decision until our 7 January meeting would be too late to allow adequate time for travel plans and other arrangements. Also note that there are no provisions in any of the documents that govern Council operation that provide procedures for Council action on issues like this; we quite possibly will need to consider that topic sometime in the future. At present though, I believe it is important for the Council to be involved in this decision because already budgeted GNSO Improvement funds used for this request would not be available for funding of other such requests in the future or for other GNSO improvement implementation actions in this fiscal year. Staff will provide more details on funds available. Jeff Neuman has been invited to participate in the 17 December Council meeting so he can be available to answer questions. In the meantime, I encourage discussion on the Council list. Chuck From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Thursday, December 10, 2009 9:47 PM To: Gomes, Chuck Cc: Glen de Saint Géry; gnso-ppsc-pdp(a)icann.org; gnso-ppsc(a)icann.org Subject: Support for a PDP Work Team Face to Face Meeting Chuck, Please find enclosed a request by the PDP Work Team for a face to face meeting in January 2010 which sets forth the rationale for needing such a working session. This draft was discussed by the PDP Work Team on e-mail and during two conference calls. Although there was not a consensus on the request for such a face to face meeting within the PDP WT, there was strong support from the RySG, the IP Constituency, the ISP Constituency, ALAC and one of the two Business Constituency representatives for the reasons stated within the attached document. The Registrar representatives and 1 of the business constituency representatives were not in favor of the request. The NCSG generally believes that there could be a positive benefit from a face to face meeting with the caveats expressed below. The PDP WT offers no opinion in this document on the general role of face to face meetings, the Councils role in approving or supporting those face to face meetings, etc., but rather focuses on our specific request. The request was sent to the full Policy Process Steering Committee on December 5, 2009, and although no comments were actually received from any person on the PPSC that was not already a member of the PDP WT, there were a number of e-mails on various mailing lists on this topic. The discussions are primarily archived on two lists: (i) the PPSC list (http://forum.icann.org/lists/gnso-ppsc/) and (ii) the PDP-WT list (the PDP WT list - http://forum.icann.org/lists/gnso-ppsc-pdp/). It should be noted that the PPSC as a whole has been inactive since the formation of the Work Teams early this year. In fact some members of the PPSC listed at https://st.icann.org/icann-ppsc/index.cgi?policy_process_steering_committee…, may not be members of the Council or even active in the community. That is a separate issue that I plan on addressing in the next few weeks. The NCSG arguments can be found in full at http://forum.icann.org/lists/gnso-ppsc-pdp/msg00241.html. To summarize, the NCSG has argued that there is not a consensus of the group in support of (i) the rationale for the Face to Face meeting, (ii) the appropriateness of holding such a meeting in the United States, and (iii) the resolution of how many people from each SG or constituency should be funded by ICANN to attend. The NCSG believes that there should be parity of representatives funded to attend face to face meetings by Stakeholder Group (as opposed to by Constituency). Finally, there was a question raised as to who makes the decisions on holding and funding these types of meetings (the Work Team, the Steering Committee, the GNSO Council, ICANN Policy Staff, etc.). Whether or not we have a face to face meeting, each member of the PDP WT with the exception of one business constituency representative believes that the work of the PDP-WT is essential and should be of the highest priority of the GNSO Council and community. The work being performed in the WT was work directed to be done ultimately by the Board Governance Committee as part of the GNSO Improvements Process. The finalization of the Policy Development Process will guide how all future policy is made under the new structure and as such should be resolved as quickly as possible. The review of the PDP is incredibly broad and complex. There are a number of difficult issues that we have been, and continue to be, tackling in order to come up with a process acceptable to the global Internet community. The core group of participants (including ICANN policy staff) are diverse, knowledgeable, passionate and highly respected members of the community and are fully committed to seeing this process through to the end regardless of having this face to face meeting. I have the utmost respect for each member of the team. Please let me know if you have any questions. I would be happy to make myself available for the Council meeting to address any questions. Thank you for your consideration of our request. Jeffrey J. Neuman , PDP Work Team Chair Neustar, Inc. / Vice President, Law & Policy 46000 Center Oak Plaza Sterling, VA 20166 Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 / jeff.neuman(a)neustar.biz / www.neustar.biz The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.

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RE: [council] FW: Support for a PDP Work Team Face to Face Meeting
by Tim Ruiz 11 Dec '09

11 Dec '09

And hopefully those who support it don't attempt to dismiss others' concerns about procedure and process in a rush to get the F2F approved (funded). IF the PPSC is dysfunctional, that's a serious issue and should be dealt with. The improvements plan (that was agreed on after considerable effort) relies heavily on the two Steering Committees. I would like to understand what the improvements budget is, and spend some time considering how that may be spent before making any decision on adhoc funding for F2F meetings. We may get similar requests from other WTs and we should at least attempt to be responsible managers of this process, including expenditures. That requires some minimal time to consider. Tim -------- Original Message -------- Subject: RE: [council] FW: Support for a PDP Work Team Face to Face Meeting From: "Gomes, Chuck" <cgomes(a)verisign.com> Date: Fri, December 11, 2009 11:11 am To: "Tim Ruiz" <tim(a)godaddy.com> Cc: "Neuman,Jeff" <Jeff.Neuman(a)neustar.us>, <gnso-ppsc-pdp(a)icann.org>, "Zahid Jamil" <zahid(a)jamilandjamil.com>, <icann(a)rodenbaugh.com>, <council(a)gnso.icann.org> Thanks for the comments Tim. It is my understanding that the PPSC was consulted on this but responses only came from PPSC members who were also on the PDP WT. I get the impression though that the PPSC may have become somewhat disfunctional maybe because of lack of activity and turnover of membership. If that is the case, as the chair of the PPSC has communicated, then we have a complication to the original process that we need to deal with. I have already made some suggestions to Jeff in that regard, in particular that we should review the PPSC membership and possibly make an effort to invite new members if needed. We have experienced this problem in nearly every group we have ever formed. There are active members and inactive members. How much delay do we allow because of inactive members? The steering committees were implemented to coordinate the work of developing GNSO improvement implementation recommendations and as you say serve as an interface between the Council and WTs. In the case of the OSC, I think that has worked very well. Hopefully, that will work with the PPSC as well but this is the first real test of that. So I think that we need to evaluate what steps may need to be taken, if any, to make sure that the PPSC operates as intended. My personal opinion is that it would be much more productive for us to focus on the merits or lack thereof of the F2F meeting request than to get hung up on procedural and process issues, especially because the functionality of the PPSC may be somewhat limited and because the process was intended to improve efficiency not become a bureaucratic roadblock. PPSC members who have not commented on this issue are still welcome to before our meeting next Thursday. I encourage those who oppose the F2F meeting request to make their case against it rather than use process and procedural arguments to delay or prevent it. Process and procedures are very important to what we do but I would hope we wouldn't use them as political tools but rather as a means to make our work as productive and effective as possible. Chuck > -----Original Message----- > From: Tim Ruiz [mailto:tim@godaddy.com] > Sent: Friday, December 11, 2009 11:39 AM > To: Gomes, Chuck > Cc: Neuman,Jeff; gnso-ppsc-pdp(a)icann.org; Zahid Jamil; > icann(a)rodenbaugh.com; council(a)gnso.icann.org > Subject: RE: [council] FW: Support for a PDP Work Team Face > to Face Meeting > > Chuck, > > I think Mike's point about the PDP-WT's request first being > evaluated by the PPSC is correct. The PDP-WT was formed by > the PPSC, not the Council. > If the PPSC has not been consulted then I agree that it > should be consulted before the Council take any action on > this. The timing of the request in relation to the actual F2F > should not be used as an excuse to try to hurry this along. > If approved, the WT can meet in February if January doesn't work out. > > The PDP-WT has had considerable time to make the request > considering when it first came up (before Seoul). It appears > to me the last three or so conference calls have focused on > it. In fact, if they'd spent their time actually dealing with > charter issues instead of debating the F2F issue there may > not be a need for a F2F. > > As you said yourself, "already budgeted GNSO Improvement > funds used for this request would not be available for > funding of other such requests in the future or for other > GNSO improvement implementation actions in this fiscal year." > And, "there are no provisions in any of the documents that > govern Council operation that provide procedures for Council > action on issues like this." So I don't think it is wise for > Council to rush to a vote on this. > > > Tim > > -------- Original Message -------- > Subject: RE: [council] FW: Support for a PDP Work Team Face > to Face Meeting > From: "Gomes, Chuck" <cgomes(a)verisign.com> > Date: Fri, December 11, 2009 9:40 am > To: <icann(a)rodenbaugh.com>, <council(a)gnso.icann.org> > Cc: "Neuman, Jeff" <Jeff.Neuman(a)neustar.us>, > <gnso-ppsc-pdp(a)icann.org>, "Zahid Jamil" <zahid(a)jamilandjamil.com> > > Please note my responses below Mike. Please understand that > my comments should not be interpreted to mean that I support > or oppose the request. > That is a decision for the whole Council to make and the > reason it is being added to the agenda is so that the Council > can consider the pros and cons. I plan to participate in > that discussion in our meeting and will voice my personal > opinions and those of the RySG in that regard then. > > Chuck > > From: Mike Rodenbaugh [mailto:icann@rodenbaugh.com] > Sent: Friday, December 11, 2009 9:29 AM > To: Gomes, Chuck; council(a)gnso.icann.org > Cc: 'Neuman, Jeff'; gnso-ppsc-pdp(a)icann.org > Subject: RE: [council] FW: Support for a PDP Work Team Face > to Face Meeting > > > > The BC will exercise its right to push any vote on this issue to the > next meeting in Jaunuary, as we have not begun to discuss the > issue and > therefore have not come to a consensus position. The issue certainly > does not warrant emergency consideration in the next 7 days, > particularly given all of the other issues we are considering these > days. > [Gomes, Chuck] To what "right" are you referring? It is > correct that we > have had a consistent practice of honoring a request by any > constituency > if they needed more time to consider an issue. I support > that practice > if such a request is coming from a Stakeholder Group and I > think even if > it comes from a constituency within a SG, so I personally > would like to > request from you Mike and Zahid as Councilors from the BC, that you > would both confirm that the BC supports your request for delay. It is > my understanding that the BC has an Executive Committee, so > if it is not > possible to confirm this with the full BC membership, I am sure that > your executive committee could act on my request between now and 17 > December. It has also been a practice of the Council to consider > exceptions to procedures and practices in cases where time sensitivity > is a factor. In our meeting on Thursday we will debate whether an > exception is warranted in this case as well as whether the > work of this > WT is a high priority. Please note Mike that a request to delay a > decision on this means that a F2F meeting, if supported, could likely > not happen in January as proposed by the WT and that a delay until > February could possibly reduce the progress made on the PDP > work before > the Nairobi meeting. Finally, considering the fact that you are a > member of the PDP WT on behalf of the BC, am I correct in > assuming that > you have kept the BC membership informed of the issues the WT has > considered including the possibility of a F2F meeting on an ongoing > basis? If so, am I correct in assuming that you have already obtained > feedback from BC members on this issue? It seems to me that > the BC has > had considerable time to discuss this issue, so to invoke a Council > practice may not be well justified in your case. > > Also, the PDP-WT should not be making requests of Council, especially > requests that do not have consensus even of the WT. The PPSC > should be > evaluating this request now, and should make any recommendation to > Council, if any. This was the process that was agrees when we formed > the PPSC and the WTs, and there is no justification to ignore it now, > simply because a WT Chair, some of its members, and a few ICANN Staff > apparently think this is an emergency to schedule a F2F meeting. > [Gomes, Chuck] I understand that you personally oppose this > request but > I encourage you not to use process and procedural arguments to advance > your personal agenda. If this is truly a BC issue, fine, but > I again I > ask you and Zahid to please confirm that the BC membership and/or > executive committee supports your request for a delay. > > If Council is going to act on this request, it must be in the > context of > our overall prioritization work, and not on an emergency basis as > appears to be requested. > [Gomes, Chuck] No one to my knowledge has called this an emergency but > there are clearly those who believe it is a higher priority > than you do. > The goal in our upcoming meeting is to get a sense of where the full > Council is on this. And I look forward to a lively discussion on the > pros and cons. > > Mike Rodenbaugh > RODENBAUGH LAW > 548 Market Street > San Francisco, CA 94104 > (415) 738-8087 > http://rodenbaugh.com > > > From: owner-council(a)gnso.icann.org > [mailto:owner-council@gnso.icann.org] > On Behalf Of Gomes, Chuck > Sent: Friday, December 11, 2009 6:02 AM > To: council(a)gnso.icann.org > Cc: Neuman, Jeff; gnso-ppsc-pdp(a)icann.org > Subject: [council] FW: Support for a PDP Work Team Face to > Face Meeting > Importance: High > > > > Here is a request from Jeff Neuman, chair of the PDP WT and > chair of the > PPSC, for a face-to-face (F2F) WT meeting including ICANN > travel funding > support. Please ignore a previous version of Jeff's message > distributed > on the Council list because it was sent to the Council list > prematurely. > > Please note that a detailed request is provided in the attached file. > In preparation for our Council meeting on 17 December, please review > Jeff's message below and the attached file for discussion and possible > action by the Council in that meeting. And please forward > this message > with the attachment to your respective groups immediately so that they > can do the same and provide Councilors input before 17 December and > thereby provide you any direction they have on this issue. > > Note that this request was received after the required deadline in the > Council Operation Procedures so we will have to decide whether to make > an exception to the Procedures before taking any action. The > reason for > considering this exception is because the request is for a F2F meeting > in January and to delay a decision until our 7 January > meeting would be > too late to allow adequate time for travel plans and other > arrangements. > Also note that there are no provisions in any of the documents that > govern Council operation that provide procedures for Council action on > issues like this; we quite possibly will need to consider that topic > sometime in the future. At present though, I believe it is important > for the Council to be involved in this decision because > already budgeted > GNSO Improvement funds used for this request would not be > available for > funding of other such requests in the future or for other GNSO > improvement implementation actions in this fiscal year. Staff will > provide more details on funds available. > > Jeff Neuman has been invited to participate in the 17 December Council > meeting so he can be available to answer questions. > > In the meantime, I encourage discussion on the Council list. > > Chuck > > > From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] > Sent: Thursday, December 10, 2009 9:47 PM > To: Gomes, Chuck > Cc: Glen de Saint Géry; gnso-ppsc-pdp(a)icann.org; gnso-ppsc(a)icann.org > Subject: Support for a PDP Work Team Face to Face Meeting > Chuck, > > Please find enclosed a request by the PDP Work Team for a face to face > meeting in January 2010 which sets forth the rationale for > needing such > a working session. This draft was discussed by the PDP Work Team on > e-mail and during two conference calls. Although there was not a > consensus on the request for such a face to face meeting > within the PDP > WT, there was strong support from the RySG, the IP > Constituency, the ISP > Constituency, ALAC and one of the two Business Constituency > representatives for the reasons stated within the attached document. > The Registrar representatives and 1 of the business constituency > representatives were not in favor of the request. The NCSG generally > believes that there could be a positive benefit from a face to face > meeting with the caveats expressed below. The PDP WT offers > no opinion > in this document on the general role of face to face meetings, the > Councils role in approving or supporting those face to face meetings, > etc., but rather focuses on our specific request. > > The request was sent to the full Policy Process Steering Committee on > December 5, 2009, and although no comments were actually received from > any person on the PPSC that was not already a member of the PDP WT, > there were a number of e-mails on various mailing lists on > this topic. > The discussions are primarily archived on two lists: (i) the > PPSC list > (http://forum.icann.org/lists/gnso-ppsc/) and (ii) the PDP-WT > list (the > PDP WT list - http://forum.icann.org/lists/gnso-ppsc-pdp/). > It should > be noted that the PPSC as a whole has been inactive since the > formation > of the Work Teams early this year. In fact some members of the PPSC > listed at > https://st.icann.org/icann-ppsc/index.cgi?policy_process_steer > ing_committee_ppsc, > may not be members of the Council or even active in the > community. That > is a separate issue that I plan on addressing in the next few weeks. > > The NCSG arguments can be found in full at > http://forum.icann.org/lists/gnso-ppsc-pdp/msg00241.html. To > summarize, > the NCSG has argued that there is not a consensus of the group in > support of (i) the rationale for the Face to Face meeting, (ii) the > appropriateness of holding such a meeting in the United States, and > (iii) the resolution of how many people from each SG or constituency > should be funded by ICANN to attend. The NCSG believes that there > should be parity of representatives funded to attend face to face > meetings by Stakeholder Group (as opposed to by > Constituency). Finally, > there was a question raised as to who makes the decisions on > holding and > funding these types of meetings (the Work Team, the Steering > Committee, > the GNSO Council, ICANN Policy Staff, etc.). > > Whether or not we have a face to face meeting, each member of > the PDP WT > with the exception of one business constituency > representative believes > that the work of the PDP-WT is essential and should be of the highest > priority of the GNSO Council and community. The work being > performed in > the WT was work directed to be done ultimately by the Board Governance > Committee as part of the GNSO Improvements Process. The > finalization of > the Policy Development Process will guide how all future > policy is made > under the new structure and as such should be resolved as quickly as > possible. The review of the PDP is incredibly broad and > complex. There > are a number of difficult issues that we have been, and > continue to be, > tackling in order to come up with a process acceptable to the global > Internet community. The core group of participants (including ICANN > policy staff) are diverse, knowledgeable, passionate and highly > respected members of the community and are fully committed to seeing > this process through to the end regardless of having this face to face > meeting. I have the utmost respect for each member of the team. > > Please let me know if you have any questions. I would be > happy to make > myself available for the Council meeting to address any questions. > > Thank you for your consideration of our request. > > Jeffrey J. Neuman , PDP Work Team Chair > Neustar, Inc. / Vice President, Law & Policy > 46000 Center Oak Plaza Sterling, VA 20166 > Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: > +1.703.738.7965 / > jeff.neuman(a)neustar.biz / www.neustar.biz > > > > > > > > > The information contained in this e-mail message is intended only for > the use of the recipient(s) named above and may contain confidential > and/or privileged information. If you are not the intended > recipient you > have received this e-mail message in error and any review, > dissemination, distribution, or copying of this message is strictly > prohibited. If you have received this communication in error, please > notify us immediately and delete the original message. > >

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