December 2010 - council - lists.icann.org

Re: [council] GNSO Council chair results for second round - all the votes have been received
by Caroline Greer 06 Dec '10

06 Dec '10

Makes sense Chuck....put my early congrats on hold in that case, although I'd like to think everything is in order. ---------------- Caroline Greer Director of Policy dotMobi ----- Original Message ----- From: Gomes, Chuck <cgomes(a)verisign.com> To: Caroline Greer; council(a)gnso.icann.org <council(a)gnso.icann.org> Sent: Tue Dec 07 00:23:50 2010 Subject: RE: [council] GNSO Council chair results for second round - all the votes have been received It might be a good idea for us to hold off until everyone has a chance to ensure their vote was counted correctly before officially declaring an election. I am quite confident that the results are accurate, but I think it would be good to allow until at least 9 am COT tomorrow to provide an opportunity for everyone to check their votes. If no-one identifies any voting problems by then, then I think it would be fine to make it official. Does that make sense? Chuck From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Caroline Greer Sent: Monday, December 06, 2010 7:10 PM To: council(a)gnso.icann.org Subject: Re: [council] GNSO Council chair results for second round - all the votes have been received Congratulations Stéphane! Kind regards ---------------- Caroline Greer Director of Policy dotMobi ----- Original Message ----- From: owner-council(a)gnso.icann.org <owner-council(a)gnso.icann.org> To: GNSO Council <council(a)gnso.icann.org> Sent: Mon Dec 06 22:23:33 2010 Subject: [council] GNSO Council chair results for second round - all the votes have been received Dear Council Members, Attached please find the results of the second round of voting for the GNSO Council Election for Chair. All votes have now been received. Please check your vote in one of the two attached files, one has the results of the Contracted Party House, and one has the results of the Non-Contracted Party House, and if it is not properly registered, please let me know immediately. Report for election 1a9bc0c0a05 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Contracted House Totals: 7 Stéphane van Gelder = 100% 0 None of the above Report for election 246ce971ce8 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Noncontracted House Totals: 11 Stéphane van Gelder = 84.6% 2 None of the above = 15.4% According to the procedures http://gnso.icann.org/elections/election-procedures-2010.htm approved by the Council on 28 October 2010, Stephane van Gelder has more than 60% of the votes in both houses and has been elected as the GNSO Council chair. Please let me know if you have any questions. Thank you. Kind regards, ------------------------------------------------------------------------- Report for election 1a9bc0c0a05 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Contracted House Submitted Ballots: Bb7a7ab267D:20101201040716:[X] Stéphane van Gelder Bb7a7ab267D:20101201040716:[] None of the above B33c8dbe1cD:20101201053846:[X] Stéphane van Gelder B33c8dbe1cD:20101201053846:[] None of the above B228baac12D:20101201091038:[X] Stéphane van Gelder B228baac12D:20101201091038:[] None of the above B221d669aaD:20101202072624:[X] Stéphane van Gelder B221d669aaD:20101202072624:[] None of the above B3b32d1449D:20101202124357:[X] Stéphane van Gelder B3b32d1449D:20101202124357:[] None of the above Bfa0d41387D:20101203110032:[X] Stéphane van Gelder Bfa0d41387D:20101203110032:[] None of the above Be854614bbD:20101204095744:[X] Stéphane van Gelder Be854614bbD:20101204095744:[] None of the above Ballots submitted more than once: BallotID Submissions Counted Ballots: Bb7a7ab267D:20101201040716:[X] Stéphane van Gelder Bb7a7ab267D:20101201040716:[] None of the above B33c8dbe1cD:20101201053846:[X] Stéphane van Gelder B33c8dbe1cD:20101201053846:[] None of the above B228baac12D:20101201091038:[X] Stéphane van Gelder B228baac12D:20101201091038:[] None of the above B221d669aaD:20101202072624:[X] Stéphane van Gelder B221d669aaD:20101202072624:[] None of the above B3b32d1449D:20101202124357:[X] Stéphane van Gelder B3b32d1449D:20101202124357:[] None of the above Bfa0d41387D:20101203110032:[X] Stéphane van Gelder Bfa0d41387D:20101203110032:[] None of the above Be854614bbD:20101204095744:[X] Stéphane van Gelder Be854614bbD:20101204095744:[] None of the above Totals: 0 None of the above 7 Stéphane van Gelder Report for election 246ce971ce8 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Noncontracted House Submitted Ballots: Bc55c577bcD:20101201014046:[] Stéphane van Gelder Bc55c577bcD:20101201014046:[X] None of the above Bea1ba5fe3D:20101201032907:[X] Stéphane van Gelder Bea1ba5fe3D:20101201032907:[] None of the above B82db61dbbD:20101201075657:[X] Stéphane van Gelder B82db61dbbD:20101201075657:[] None of the above B9d8a669b1D:20101201104304:[] Stéphane van Gelder B9d8a669b1D:20101201104304:[X] None of the above B14f29eaddD:20101202230302:[X] Stéphane van Gelder B14f29eaddD:20101202230302:[] None of the above B1904491bdD:20101203105644:[X] Stéphane van Gelder B1904491bdD:20101203105644:[] None of the above B0a0319335D:20101204071109:[X] Stéphane van Gelder B0a0319335D:20101204071109:[] None of the above Bc68c24e7cD:20101204104343:[X] Stéphane van Gelder Bc68c24e7cD:20101204104343:[] None of the above Bc68c24e7cD:20101204104345:[X] Stéphane van Gelder Bc68c24e7cD:20101204104345:[] None of the above Be3490a0f1D:20101205105031:[X] Stéphane van Gelder Be3490a0f1D:20101205105031:[] None of the above B36983ce3dD:20101205105339:[X] Stéphane van Gelder B36983ce3dD:20101205105339:[] None of the above B0a0319335D:20101205112521:[X] Stéphane van Gelder B0a0319335D:20101205112521:[] None of the above B590995fedD:20101205113655:[X] Stéphane van Gelder B590995fedD:20101205113655:[] None of the above B90cb4b379D:20101206034721:[X] Stéphane van Gelder B90cb4b379D:20101206034721:[] None of the above Baba177792D:20101206043434:[X] Stéphane van Gelder Baba177792D:20101206043434:[] None of the above Ballots submitted more than once: BallotID Submissions B0a0319335D: 2 Bc68c24e7cD: 2 Counted Ballots: Bc55c577bcD:20101201014046:[] Stéphane van Gelder Bc55c577bcD:20101201014046:[X] None of the above Bea1ba5fe3D:20101201032907:[X] Stéphane van Gelder Bea1ba5fe3D:20101201032907:[] None of the above B82db61dbbD:20101201075657:[X] Stéphane van Gelder B82db61dbbD:20101201075657:[] None of the above B9d8a669b1D:20101201104304:[] Stéphane van Gelder B9d8a669b1D:20101201104304:[X] None of the above B14f29eaddD:20101202230302:[X] Stéphane van Gelder B14f29eaddD:20101202230302:[] None of the above B1904491bdD:20101203105644:[X] Stéphane van Gelder B1904491bdD:20101203105644:[] None of the above Bc68c24e7cD:20101204104345:[X] Stéphane van Gelder Bc68c24e7cD:20101204104345:[] None of the above Be3490a0f1D:20101205105031:[X] Stéphane van Gelder Be3490a0f1D:20101205105031:[] None of the above B36983ce3dD:20101205105339:[X] Stéphane van Gelder B36983ce3dD:20101205105339:[] None of the above B0a0319335D:20101205112521:[X] Stéphane van Gelder B0a0319335D:20101205112521:[] None of the above B590995fedD:20101205113655:[X] Stéphane van Gelder B590995fedD:20101205113655:[] None of the above B90cb4b379D:20101206034721:[X] Stéphane van Gelder B90cb4b379D:20101206034721:[] None of the above Baba177792D:20101206043434:[X] Stéphane van Gelder Baba177792D:20101206043434:[] None of the above Totals: 2 None of the above 11 Stéphane van Gelder Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org <http://gnso.icann.org/>

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Surgery Update
by Gomes, Chuck 06 Dec '10

06 Dec '10

The surgery was a success. I have no more pain because the 12 mm stone was broken up. The doctor said it would be okay for me to travel back to Cartagena tomorrow so International SOS is working on booking a flight in the afternoon. The surgery lasted about 90 minutes because of the size of the stone but the doctor successfully did everything he planned. They kept me in recovery a lot longer than anticipated because my blood pressure stayed elevated. Not sure why because I normally do not have any blood pressure problems. I am back in my room now and my blood pressure is perfect. Thanks again for all the well wishes. Chuck

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Motion to extend PPSC and OSC charters
by Gomes, Chuck 06 Dec '10

06 Dec '10

Rob kindly reminded me that the latest extensions of the PPSC and OSC end in Cartagena. Because both SC's and some of their WTs are still working, I am submitting this motion to extend their charters further. Whereas in October 2008, the GNSO Council established a framework for implementing the various GNSO Improvements identified and approved by the ICANN Board of Directors (see - GNSO Council Improvements Implementation Plan) http://www.icann.org/en/topics/gnso-improvements/gnso-improvements-imple mentation-plan-16oct08.pdf; Whereas that framework included the formation of two Steering Committees - the Operations Steering Committee and the Policy Process Steering Committee - to charter and coordinate the efforts of five community work teams designed to develop specific recommendations to implement specific aspects of the improvements; Whereas the Council intended the charters of the committees (and their attendant work teams) to be temporary and not to extend beyond the 2009 annual ICANN meeting without specific action by the Council; Whereas the Council has now twice extended the terms of those committees to allow the GNSO community implementation recommendations work to continue (see - http://gnso.icann.org/meetings/minutes-council-24sep09.htm and http://gnso.icann.org/meetings/minutes-council-10mar10-en.htm); Whereas the Council acknowledges the hard work of those work teams and notes that those committees and their teams are diligently continuing their work; RESOLVED, The Council extends the terms of the Operations Steering Committee and the Policy Process Steering Committee and their respective work teams as necessary through the San Francisco ICANN public meeting in March 2011. The Council directs each steering committee and applicable work team chair to identify the specific targets and benchmarks for their work and to share that information with the Council by 19 January 2011.

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GNSO Council chair results for second round - all the votes have been received
by Glen de Saint Géry 06 Dec '10

06 Dec '10

Dear Council Members, Attached please find the results of the second round of voting for the GNSO Council Election for Chair. All votes have now been received. Please check your vote in one of the two attached files, one has the results of the Contracted Party House, and one has the results of the Non-Contracted Party House, and if it is not properly registered, please let me know immediately. Report for election 1a9bc0c0a05 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Contracted House Totals: 7 Stéphane van Gelder = 100% 0 None of the above Report for election 246ce971ce8 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Noncontracted House Totals: 11 Stéphane van Gelder = 84.6% 2 None of the above = 15.4% According to the procedures http://gnso.icann.org/elections/election-procedures-2010.htm approved by the Council on 28 October 2010, Stephane van Gelder has more than 60% of the votes in both houses and has been elected as the GNSO Council chair. Please let me know if you have any questions. Thank you. Kind regards, ------------------------------------------------------------------------- Report for election 1a9bc0c0a05 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Contracted House Submitted Ballots: Bb7a7ab267D:20101201040716:[X] Stéphane van Gelder Bb7a7ab267D:20101201040716:[] None of the above B33c8dbe1cD:20101201053846:[X] Stéphane van Gelder B33c8dbe1cD:20101201053846:[] None of the above B228baac12D:20101201091038:[X] Stéphane van Gelder B228baac12D:20101201091038:[] None of the above B221d669aaD:20101202072624:[X] Stéphane van Gelder B221d669aaD:20101202072624:[] None of the above B3b32d1449D:20101202124357:[X] Stéphane van Gelder B3b32d1449D:20101202124357:[] None of the above Bfa0d41387D:20101203110032:[X] Stéphane van Gelder Bfa0d41387D:20101203110032:[] None of the above Be854614bbD:20101204095744:[X] Stéphane van Gelder Be854614bbD:20101204095744:[] None of the above Ballots submitted more than once: BallotID Submissions Counted Ballots: Bb7a7ab267D:20101201040716:[X] Stéphane van Gelder Bb7a7ab267D:20101201040716:[] None of the above B33c8dbe1cD:20101201053846:[X] Stéphane van Gelder B33c8dbe1cD:20101201053846:[] None of the above B228baac12D:20101201091038:[X] Stéphane van Gelder B228baac12D:20101201091038:[] None of the above B221d669aaD:20101202072624:[X] Stéphane van Gelder B221d669aaD:20101202072624:[] None of the above B3b32d1449D:20101202124357:[X] Stéphane van Gelder B3b32d1449D:20101202124357:[] None of the above Bfa0d41387D:20101203110032:[X] Stéphane van Gelder Bfa0d41387D:20101203110032:[] None of the above Be854614bbD:20101204095744:[X] Stéphane van Gelder Be854614bbD:20101204095744:[] None of the above Totals: 0 None of the above 7 Stéphane van Gelder Report for election 246ce971ce8 GNSO Council Election for the GNSO Council Chair AGM 2010-AGM 2011, Second Round, Noncontracted House Submitted Ballots: Bc55c577bcD:20101201014046:[] Stéphane van Gelder Bc55c577bcD:20101201014046:[X] None of the above Bea1ba5fe3D:20101201032907:[X] Stéphane van Gelder Bea1ba5fe3D:20101201032907:[] None of the above B82db61dbbD:20101201075657:[X] Stéphane van Gelder B82db61dbbD:20101201075657:[] None of the above B9d8a669b1D:20101201104304:[] Stéphane van Gelder B9d8a669b1D:20101201104304:[X] None of the above B14f29eaddD:20101202230302:[X] Stéphane van Gelder B14f29eaddD:20101202230302:[] None of the above B1904491bdD:20101203105644:[X] Stéphane van Gelder B1904491bdD:20101203105644:[] None of the above B0a0319335D:20101204071109:[X] Stéphane van Gelder B0a0319335D:20101204071109:[] None of the above Bc68c24e7cD:20101204104343:[X] Stéphane van Gelder Bc68c24e7cD:20101204104343:[] None of the above Bc68c24e7cD:20101204104345:[X] Stéphane van Gelder Bc68c24e7cD:20101204104345:[] None of the above Be3490a0f1D:20101205105031:[X] Stéphane van Gelder Be3490a0f1D:20101205105031:[] None of the above B36983ce3dD:20101205105339:[X] Stéphane van Gelder B36983ce3dD:20101205105339:[] None of the above B0a0319335D:20101205112521:[X] Stéphane van Gelder B0a0319335D:20101205112521:[] None of the above B590995fedD:20101205113655:[X] Stéphane van Gelder B590995fedD:20101205113655:[] None of the above B90cb4b379D:20101206034721:[X] Stéphane van Gelder B90cb4b379D:20101206034721:[] None of the above Baba177792D:20101206043434:[X] Stéphane van Gelder Baba177792D:20101206043434:[] None of the above Ballots submitted more than once: BallotID Submissions B0a0319335D: 2 Bc68c24e7cD: 2 Counted Ballots: Bc55c577bcD:20101201014046:[] Stéphane van Gelder Bc55c577bcD:20101201014046:[X] None of the above Bea1ba5fe3D:20101201032907:[X] Stéphane van Gelder Bea1ba5fe3D:20101201032907:[] None of the above B82db61dbbD:20101201075657:[X] Stéphane van Gelder B82db61dbbD:20101201075657:[] None of the above B9d8a669b1D:20101201104304:[] Stéphane van Gelder B9d8a669b1D:20101201104304:[X] None of the above B14f29eaddD:20101202230302:[X] Stéphane van Gelder B14f29eaddD:20101202230302:[] None of the above B1904491bdD:20101203105644:[X] Stéphane van Gelder B1904491bdD:20101203105644:[] None of the above Bc68c24e7cD:20101204104345:[X] Stéphane van Gelder Bc68c24e7cD:20101204104345:[] None of the above Be3490a0f1D:20101205105031:[X] Stéphane van Gelder Be3490a0f1D:20101205105031:[] None of the above B36983ce3dD:20101205105339:[X] Stéphane van Gelder B36983ce3dD:20101205105339:[] None of the above B0a0319335D:20101205112521:[X] Stéphane van Gelder B0a0319335D:20101205112521:[] None of the above B590995fedD:20101205113655:[X] Stéphane van Gelder B590995fedD:20101205113655:[] None of the above B90cb4b379D:20101206034721:[X] Stéphane van Gelder B90cb4b379D:20101206034721:[] None of the above Baba177792D:20101206043434:[X] Stéphane van Gelder Baba177792D:20101206043434:[] None of the above Totals: 2 None of the above 11 Stéphane van Gelder Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org<http://gnso.icann.org/>

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FW: Chuck update
by Glen de Saint Géry 06 Dec '10

06 Dec '10

From: Pedraza Barrios, Ricardo Hi, The medical procedure was successful and Chuck is already at the Recovery room :-). Ricardo Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org> http://gnso.icann.org

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RE: [council] Clarification & next steps for Rec 6 motion
by Tim Ruiz 06 Dec '10

06 Dec '10

Thanks Mary. (1) I don't really believe this. If you carefully consider what Staff says it is clear that at least some sense of the Board is being reflected in the reply. Is it a formal Board response, no. But to characterize it as only a Staff response is not right either. (2) Does the response from the CWG have the full consensus of the CWG? Some I have heard from indicate that based on the Staff/Board response they nave changed their position on some of the recs. So if the CWG does forward with a response I think it should be clear as to who supports what. (3) This is why you should not have made such an 11th hour motion. I think it will be difficult to near impossible for us to vote in favor of this motion. Tim > -------- Original Message -------- > Subject: [council] Clarification & next steps for Rec 6 motion > From: "Mary Wong" <Mary.Wong(a)law.unh.edu> > Date: Mon, December 06, 2010 9:37 am > To: <council(a)gnso.icann.org> > > > > > > Hello everyone, > > I thought it would be useful if I provide some additional context and clarification regarding the Rec 6 motion that is up for voting this Wednesday. Bearing in mind that the Rec 6 CWG was approved and chartered by us in September, and that silence or a down vote by us on this matter will be viewed as a lack of support by the GNSO of the work done (unlike, say, the STI recommendations which we endorsed and that resulted in substantive changes to the DAG), I am hopeful that we can arrive at satisfactory language for a positive outcome on the motion. > > Here are some points that may not have been made entirely clear before: > > (1) The explanatory memo setting out reasons for not adopting some CWG recommendations is a staff document, not a Board-endorsed response. In fact, the Board is interested to know what the GNSO thinks before voting/acting on this issue in the DAG. > > (2) There is a pending response from the CWG to the staff, based on questions and discussions arising from the staff memo, which the CWG expects will clarify certain of its recommendations for the staff (and hence the Board). I expect this response to be forwarded very shortly, possibly even today. > > (3) As mentioned above, a lack of Council action on Rec 6 is very likely to be taken as lack of support for any of the CWG recommendations, including the numerous ones that received Full Consensus. I believe this would be detrimental to both our managerial and our representative role, and further believe that this would NOT necessarily mean the Board will therefore vote to move ahead immediately with new gTLDs (particularly given points (1) & (2) above.) In other words, the Board may vote to postpone its decision on the matter pending further resolution and action from us and/or the GAC. > > (4) I understand that some SGs/constituencies may not have had the bandwidth to fully discuss all the recommendations (note that the CWG report does state the following: > > "Given the short duration of the Rec6 CWG's existence, the participating supporting organizations and advisory organizations have not been provided with the opportunity to review and comment on this Report. The Rec6 CWG recommends that each participating organization should follow its procedures as described in the ICANN Bylaws as may be necessary or appropriate to comment on and communicate to the ICANN Board the opinion of its members with regard to the recommendations contained in this Report....") > > I would like to be able to discuss any suggested changes to the motion that will make it more acceptable to you and your SGs/constituencies. Please let me know if and when you would like to do so before Wednesday. I hope we can arrive at a mutually agreeable motion that will allow the Board to act with better information and input from the GNSO. > > Thanks very much, > Mary > > > Mary W S Wong > Professor of Law > Chair, Graduate IP Programs > UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW > Two White Street > Concord, NH 03301 > USA > Email: mary.wong(a)law.unh.edu > Phone: 1-603-513-5143 > Webpage: http://www.law.unh.edu/marywong/index.php > Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 > > > > > > > As of August 30, 2010, Franklin Pierce Law > Center has affiliated with the University of New Hampshire and is now > known as the University of > New Hampshire School of Law. Please > note that all email addresses have changed and now follow the > convention: firstname.lastname(a)law.unh.edu. For more information on the University > of New Hampshire School of Law, please > visit law.unh.edu > > >

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Motion to approve DSSA WG charter
by Gomes, Chuck 06 Dec '10

06 Dec '10

One of the GNSO's action items in our 8 December Council meeting is to consider the proposed charter of a community DNS Security & Stability Analysis WG. In that regard I am submitting the following motion. MOTION APPROVING THE DRAFT CHARTER OF THE JOINT DNS SECURITY AND STABILITY ANALYSIS WORKING GROUP (DSSA-WG) WHEREAS, at their meetings during the ICANN Brussels meeting in June 2010 the At-Large Advisory Committee (ALAC), the Country Code Names Supporting Organization (ccNSO), the Generic Names Supporting Organization (GNSO), the Governmental Advisory Committee (GAC), and the Number Resource Organization (NRO) acknowledged the need for a better understanding of the security and stability of the global domain name system (DNS); WHEREAS, this issue is considered to be of common interest to the participating Supporting Organisations (SOs), Advisory Committees (ACs) and others, and should be preferably undertaken in a collaborative effort; WHEREAS, the ALAC, ccNSO, GNSO and NRO agreed to establish a Joint DNS Security and Stability Analysis Working Group (DSSA-WG), in accordance with each organization's own rules and procedures and invite other AC's to liaise and engage with the DSSA-WG in a manner they consider to be appropriate; WHEREAS, a Drafting Team of the Chairs of the ccNSO, the ALAC, and the GNSO, along with interested representatives from those organizations, produced a Draft Charter and posted it for the review of the participating SOs and ACs on 15 November 2010 at <http://ccnso.icann.org/workinggroups/dssa-draft-charter-12nov10-en.pdf> ; NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council approves this Draft Charter and encourages GNSO constituencies, stakeholder groups, and other GNSO participants to identify possible participants of the DSSA-WG with demonstrated expertise in the objectives of the Draft Charter. Chuck

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FW: Rescinding request for temporary alternate
by Glen de Saint Géry 06 Dec '10

06 Dec '10

-----Original Message----- Forwarded From: Avri Doria Sent: lundi 6 décembre 2010 12:28 To: Glen de Saint Géry Subject: Rescinding request for temporary alternate Dear Glen, It turns out that the weather in Europe has made it impossible for Konstantinos to get to Cartagena any sooner than Thursday at this point, which is of course a problem. We have also prevailed upon Rafik Dammak, based on this, to participate remotely in the Wednesday GNSO meeting even though he is generally unavailable during this period and due to the difficulty in remote participation. As you probably noticed he has been trying to dial-in to the meetings in Konstantinos' absence, although not always very successfully. I am not sure what the process for rescinding a temporary alternate is, and I do not think the form is adapted for that, but please consider this email such a rescission. Avri Doria Chair Executive Committee NCSG Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

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Clarification & next steps for Rec 6 motion
by Mary Wong 06 Dec '10

06 Dec '10

Hello everyone, I thought it would be useful if I provide some additional context and clarification regarding the Rec 6 motion that is up for voting this Wednesday. Bearing in mind that the Rec 6 CWG was approved and chartered by us in September, and that silence or a down vote by us on this matter will be viewed as a lack of support by the GNSO of the work done (unlike, say, the STI recommendations which we endorsed and that resulted in substantive changes to the DAG), I am hopeful that we can arrive at satisfactory language for a positive outcome on the motion. Here are some points that may not have been made entirely clear before: (1) The explanatory memo setting out reasons for not adopting some CWG recommendations is a staff document, not a Board-endorsed response. In fact, the Board is interested to know what the GNSO thinks before voting/acting on this issue in the DAG. (2) There is a pending response from the CWG to the staff, based on questions and discussions arising from the staff memo, which the CWG expects will clarify certain of its recommendations for the staff (and hence the Board). I expect this response to be forwarded very shortly, possibly even today. (3) As mentioned above, a lack of Council action on Rec 6 is very likely to be taken as lack of support for any of the CWG recommendations, including the numerous ones that received Full Consensus. I believe this would be detrimental to both our managerial and our representative role, and further believe that this would NOT necessarily mean the Board will therefore vote to move ahead immediately with new gTLDs (particularly given points (1) & (2) above.) In other words, the Board may vote to postpone its decision on the matter pending further resolution and action from us and/or the GAC. (4) I understand that some SGs/constituencies may not have had the bandwidth to fully discuss all the recommendations (note that the CWG report does state the following: "Given the short duration of the Rec6 CWG's existence, the participating supporting organizations and advisory organizations have not been provided with the opportunity to review and comment on this Report. The Rec6 CWG recommends that each participating organization should follow its procedures as described in the ICANN Bylaws as may be necessary or appropriate to comment on and communicate to the ICANN Board the opinion of its members with regard to the recommendations contained in this Report....") I would like to be able to discuss any suggested changes to the motion that will make it more acceptable to you and your SGs/constituencies. Please let me know if and when you would like to do so before Wednesday. I hope we can arrive at a mutually agreeable motion that will allow the Board to act with better information and input from the GNSO. Thanks very much, Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH 03301USAEmail: mary.wong(a)law.unh.eduPhone: 1-603-513-5143Webpage: http://www.law.unh.edu/marywong/index.phpSelected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname(a)law.unh.edu. For more information on the University of New Hampshire School of Law, please visit law.unh.edu

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Proposed motion on Rec 6 CWG
by Mary Wong 05 Dec '10

05 Dec '10

Hello again everyone I'd like to propose a motion for the Council's consideration at the 8 December meeting. This motion relates to the recommendations made recently by the cross-community working group (CWG) regarding implementation of the Council's Recommendation 6 (which formed the basis for the "morality and public order" section of the DAG.) You'll recall that the Council supported GNSO participation in the CWG, in a resolution passed on 8 September. As you may also recall, the CWG's task included making recommendations that would render the MAPO section of the DAG acceptable to the broader community, yet still accomplishing the implementation of Recommendation 6. I understand that there is concern amongst some Council members that continuing a cross-community working group model will in some way diminish the GNSO's role in policy development and/or impinge on Consensus Policies. This concern is part of a wider discussion that to my mind is not implicated by the Rec 6 CWG process or recommendations, in relation to which the much more pressing concern is to ensure that the ICANN Board, staff and community do NOT interpret the Council's silence and inactivity, following the original September motion, as lack of GNSO community support for the CWG's recommendations. Thus, I propose a motion, as follows: WHEREAS, on 8 September 2010 the GNSO Council endorsed GNSO participation in a joint working group with other interested Supporting Organizations (SO’s) and Advisory Committee (AC’s) to provide guidance to the ICANN new gTLD Implementation Team and the ICANN Board in relation to the implementation of the Council's Recommendation 6 regarding strings that contravene generally-accepted legal norms relating to morality and public order that are recognized under international principles of law; WHEREAS, the Recommendation 6 cross-community working group (CWG) was established in accordance with the Terms of Reference also approved by the GNSO Council on 8 September 2010; AND WHEREAS, the CWG has since delivered a set of recommendations regarding implementation of the GNSO Council's Recommendation 6 for new gTLDs to the ICANN Board and community; RESOLVED, the Council thanks the CWG and its participants, from the GNSO and other SOs and the ACs, for their hard work; and acknowledges that the CWG recommendations do not constitute Consensus Policy or GNSO policy development otherwise within the purview of the GNSO; RESOLVED FURTHER, that the Council hereby endorses the CWG recommendations as representing. as far as possible, consensus among the various stakeholders in the ICANN community on effective mechanisms for the implementation of Recommendation 6. Thanks and cheers Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH 03301USAEmail: mary.wong(a)law.unh.eduPhone: 1-603-513-5143Webpage: http://www.law.unh.edu/marywong/index.phpSelected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname(a)law.unh.edu. For more information on the University of New Hampshire School of Law, please visit law.unh.edu

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