April 2011 - council - lists.icann.org

.xxx is live
by Bruce Tonkin April 16, 2011

April 16, 2011

Hello All, I see that .xxx is now at the top level. See: http://www.icmregistry.xxx Here is the related IANA report: http://www.iana.org/reports/2011/xxx-report-20110407.pdf Regards, Bruce

1 0

Invite Compliance Director to April 28 Meeting?
by Rosette, Kristina April 15, 2011

April 15, 2011

All, I would like to invite the new Compliance Director to attend part of our April 28 meeting so that she can "meet" us, and provide both an overview of her Compliance philosophy and her 30-60-90 day plan for the department. How do we go about doing that? K

3 2

Re: Joint Applicant Support (JAS) Working Group matters
by Stéphane Van Gelder April 15, 2011

April 15, 2011

Olivier, Thank you for CCing me on this. I am copying the GNSO Council so that they may read your message as well. Let me add that although I was not consulted prior to this message being sent, or informed that you would send it, I can personally support it and the defence of the bottom up policy development process that it represents. Thanks, Stéphane Envoyé de mon iPhone4 Le 15 avr. 2011 à 14:37, Olivier MJ Crepin-Leblond <ocl(a)gih.com> a écrit : > To: Peter Dengate Thrush > CC: Board Secretary > CC: Stéphane Van Gelder > CC: ALAC ExCom > CC: ICANN At-Large Staff > CC: Karla Valente > CC: JAS Working Group Co-Chairs - Rafik Dammak (GNSO) and Carlton > Samuels (ALAC) > > > Dear Peter, > > In the recent ALAC Executive Committee conference call of 14 April 2011, > the possibility was discussed that the Board might have enquired about > the progress of the Joint SO/AC Work Group on New gTLD Applicant Support > (JAS WG) via an ICANN staff member supporting the Work Group. > > As you know, due process dictates that Board enquiries regarding this WG > are supposed to go to the Chairs of the Work Group's chartering SO and > AC. However, neither I, as the ALAC Chair, nor Stéphane Van Gelder, the > GNSO Council Chair, have received any such queries from the Board. The > request was passed unconventionally onto the JAS WG, and has ultimately > distracted much of the WG's valuable time away from its core task during > the past week. > > In order to avoid the communication process becoming a contentious > matter, I kindly urge you to request the CEO/Senior Staff of ICANN to > ensure that such queries respect the customary procedure of sending any > Board enquiries regarding WG's (and particularly Cross Community WG's) > via the Chair/Leadership designated with the authority to be primary > point of communication with any such WG (in this case the ALAC and the > GNSO Council Chairs). > > In the meantime, let me assure you that the JAS WG's work is challenging > but enjoying significant progress, and the WG is on track to complete > its mandate successfully. I should be grateful if you could confirm a > time-line when you would need its final report to reach you. > > Kind regards, > > Olivier MJ Crépin-Leblond > ALAC Chair >

2 1

RE: [soac-newgtldapsup-wg] Fwd: [council] Concerns over JAS Working Group and Violations of its Charter
by Tim Ruiz April 14, 2011

April 14, 2011

A lot of people put a lot of effort into defining and refining our policy development process over the years. The concerns I have are that the CWG does not replace or undermine that. I believe that is what others have expressed concern about as well. Calling that micromanagement is out of line and just not true. Some have bemoaned what they see as unnecessary process. However, process is what protects this system. Without it, anyone at any time could question the validity of what is done and there would be no defense. Tim > -------- Original Message -------- > Subject: Re: [soac-newgtldapsup-wg] Fwd: [council] Concerns over JAS > Working Group and Violations of its Charter > From: Rafik Dammak <rafik.dammak(a)gmail.com> > Date: Wed, April 13, 2011 1:07 pm > To: StÃ©phane Van Gelder<stephane.vangelder(a)indom.com> > Cc: "council(a)gnso.icann.org GNSO" <council(a)gnso.icann.org>, > Olivier MJ Crepin-Leblond <ocl(a)gih.com> > > > The worries that some on this Council have expressed about the way joint groups work and the risk of seeing them step outside the bounds of the Bottom-up Policy Development Process are clearly real in this context. > > > > the irony is to talk about Bottom-up PDP which is in the meantime hurt by the attempt of micromanagement I am observing from some in GNSO council . > > Rafik > > > > > > >

2 1

Fw: Fwd: [soac-newgtldapsup-wg] Fwd: [council] Concerns over JAS Working Group and Violations of its Charter
by Neuman, Jeff April 13, 2011

April 13, 2011

Fyi, I received this from Olivier this morning and not sure he can publish to the Council list. I will separately post a response. Thanks. Jeffrey J. Neuman, Esq. Vice President, Law & Policy NeuStar, Inc. Jeff.Neuman(a)neustar.biz From: Olivier MJ Crepin-Leblond [mailto:ocl@gih.com] Sent: Wednesday, April 13, 2011 05:39 AM To: Neuman, Jeff Cc: Olivier MJ Crepin-Leblond <ocl(a)gih.com>; ALAC EXCOM <alac-excom(a)atlarge-lists.icann.org>; council(a)gnso.icann.org <council(a)gnso.icann.org>; Rafik Dammak <rafik.dammak(a)gmail.com> Subject: Fwd: [soac-newgtldapsup-wg] Fwd: [council] Concerns over JAS Working Group and Violations of its Charter Dear Jeff, I am in receipt of the message you have sent to the GNSO council (quoted below) concerning the JAS working group alleged violation of its charter. Whilst I agree with your comments that the JAS working group has no business reporting directly to the Board without the authority of the GNSO council or the ALAC, I disagree with your conclusions which paint a completely incorrect picture of the JAS WG discussions. Unless any of the two co-Chairs, Rafik Dammak and Carlton Samuels, have made an announcement in the last few minutes, there has been no consensus decision that the JAS Working Group would provide direct input to the ICANN Board without consultations with either the GNSO or the ALAC. Similarly, I have seen no proof whatsoever that a consensus decision has been made for the JAS Working Group to deliver its final report in May directly to the Board. Rather, a demand has been expressed by a *staff member*, relaying an unsubstantiated demand from the Board for a report to be sent to them by the end of this week. It appears that this was actually not a specific demand, but an extrapolation made from a need for all input for the GAC scorecard to be examined by the Board, to be "in" by this Friday. I am yet to understand what is fact and fiction, and after questioning the source of this alleged "demand", have disappointingly received no reply to substantiate any "demand" from the Board. This "demand" was then conveyed and expanded by one of the normal members of the working group. That member has, at no time, purported to act in any official capacity, and has acted out of their own initiative to make progress in writing such a report - forgetting about due process and about the fact that neither of the Chairs of the Working Group had ever received a demand for an interim report. In other words, this is a non-event, until a formal demand is made by the Board. The JAS Working Group might choose to file an interim status report with the GNSO & ALAC and either (or both) might choose to convey it to the Board. At this point in time, neither is obliged to do so. Finally, I deplore your allegation of "failure of the cross working group model". Jeff, you are jumping to conclusions based on incorrect allegations and IMHO this is not productive. If my message has not made it to the GNSO Council list, I should be grateful of you could please be so kind to forward it there to set the facts straight. Warm regards, Olivier Crépin-Leblond (speaking in my personal capacity since I have not had the time to consult the ALAC due to time pressures) From: "Neuman, Jeff" <Jeff.Neuman(a)neustar.us><mailto:Jeff.Neuman@neustar.us> To: "council(a)gnso.icann.org"<mailto:council@gnso.icann.org> <council(a)gnso.icann.org><mailto:council@gnso.icann.org> Date: Tue, 12 Apr 2011 21:12:51 -0400 Subject: [council] Concerns over JAS Working Group and Violations of its Charter All, I wanted to bring to the Council’s attention a discussion on the JAS Working Group list which is concerning to me because the conversation by both the Working Group and ICANN staff, and the planned action items, are in direct contravention to the approved JAS Working Group Charter. Bottom line is that the JAS Working Group is not only providing direct input to the ICANN Board without consultations with the GNSO (or even the ALAC), but the JAS Working Group is also planning on delivering its final report in May directly to the ICANN Board without “the input and consideration by the respective supporting organizations (GNSO and ALAC).” I believe the Council must take immediate action in order to enforce the Charter we have all approved. To fail to do so would be an abdication of our responsibilities and more importantly, would constitute a complete failure of the bottom-up policy process. On January 13, 2011, the GNSO Council approved a “Joint SO/AC Working Group on support for new gTLD applicants (JAS)” that included the following provisions: “3. The Working group shall report its results and present a final report directly to the GNSO Council and the ALAC for discussion and adoption, as appropriate, according to their own rules and procedures. 4. All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC unless expressly approved by the respective SO/AC.” See https://community.icann.org/display/jaswg/Charter+as+approved+by+the+GNSO+C… . Despite the clear words of the Charter to “report its results and present a final report to the GNSO Council” and to ensure that “All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC”, the JAS working group on its own initiative (and with some help from ICANN staff) is going in the complete opposite direction. On the JAS mailing list on April 12th, in a post from Avri Doria to the JAS Group, in referring to criteria for a fee waiver program, the following was stated: “We have a requirement to give the Board a draft on Friday, and the work currently being done is not close to being ready on this issue.” See http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01378.html . More discussion took place between the working group about this report to be delivered not to the GNSO (or ALAC), but directly to the ICANN Board. In a subsequent post from Karla Valente (ICANN staff) to the Working Group entitled “call today and summary for the Board”, the following was stated: “Please know that I conveyed to Peter and Kurt that there will be a summary for the Board by Friday AND that the work done by Friday will not be the actual "Final Report", which is scheduled to be ready for end of May. I also added that this summary, due to time constrains [sp.], will not have the input and consideration by the respective supporting organizations (GNSO and ALAC). http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01381.html” I am requesting that this formally be added to our agenda for April 28th and request that until that time no summary of work be provided by the JAS working group to the Board without review by the GNSO. This again shows the failure of the cross working group model and the lack of recognition that persons participating in working groups are there in their own individual capacities and not on behalf of their constituency, stakeholder group, advisory committee or even the GNSO. Best regards, Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy 21575 Ridgetop Circle, 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/> Please note new address starting March 21, 2011: 21575 Ridgetop Circle, Sterling VA 20166 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.

3 2

RE: [council] Concerns over JAS Working Group and Violations of its Charter
by john＠crediblecontext.com April 13, 2011

April 13, 2011

I must agree with Jeff. Berard > -------- Original Message -------- > Subject: [council] Concerns over JAS Working Group and Violations of > its Charter > From: "Neuman, Jeff" <Jeff.Neuman(a)neustar.us> > Date: Tue, April 12, 2011 6:12 pm > To: "council(a)gnso.icann.org" <council(a)gnso.icann.org> > > All, > > I wanted to bring to the Council’s attention a discussion on the JAS Working Group list which is concerning to me because the conversation by both the Working Group and ICANN staff, and the planned action items, are in direct contravention to the approved JAS Working Group Charter. Bottom line is that the JAS Working Group is not only providing direct input to the ICANN Board without consultations with the GNSO (or even the ALAC), but the JAS Working Group is also planning on delivering its final report in May directly to the ICANN Board without “the input and consideration by the respective supporting organizations (GNSO and ALAC).” I believe the Council must take immediate action in order to enforce the Charter we have all approved. To fail to do so would be an abdication of our responsibilities and more importantly, would constitute a complete failure of the bottom-up policy process. > > On January 13, 2011, the GNSO Council approved a “Joint SO/AC Working Group on support for new gTLD applicants (JAS)” that included the following provisions: > “3. The Working group shall report its results and present a final report directly to the GNSO Council and the ALAC for discussion and adoption, as appropriate, according to their own rules and procedures. > 4. All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC unless expressly approved by the respective SO/AC.” See https://community.icann.org/display/jaswg/Charter+as+approved+by+the+GNSO+C…. > > Despite the clear words of the Charter to “report its results and present a final report to the GNSO Council” and to ensure that “All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC”, the JAS working group on its own initiative (and with some help from ICANN staff) is going in the complete opposite direction. > > On the JAS mailing list on April 12th, in a post from Avri Doria to the JAS Group, in referring to criteria for a fee waiver program, the following was stated: > > “We have a requirement to give the Board a draft on Friday, and the work currently being done is not close to being ready on this issue.” See http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01378.html. More discussion took place between the working group about this report to be delivered not to the GNSO (or ALAC), but directly to the ICANN Board. In a subsequent post from Karla Valente (ICANN staff) to the Working Group entitled “call today and summary for the Board”, the following was stated: “Please know that I conveyed to Peter and Kurt that there will be a summary for the Board by Friday AND that the work done by Friday will not be the actual "Final Report", which is scheduled to be ready for end of May. I also added that this summary, due to time constrains [sp.], will not have the input and consideration by the respective supporting organizations (GNSO and ALAC). http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01381.html” I am requesting that this formally be added to our agenda for April 28th and request that until that time no summary of work be provided by the JAS working group to the Board without review by the GNSO. This again shows the failure of the cross working group model and the lack of recognition that persons participating in working groups are there in their own individual capacities and not on behalf of their constituency, stakeholder group, advisory committee or even the GNSO. > > Best regards, > > Jeffrey J. Neuman > Neustar, Inc. / Vice President, Law & Policy > 21575 Ridgetop Circle, 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 > Please note new address starting March 21, 2011: 21575 Ridgetop Circle, Sterling VA 20166 > > > > > > > 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. > > >

2 1

Concerns over JAS Working Group and Violations of its Charter
by Neuman, Jeff April 13, 2011

April 13, 2011

All, I wanted to bring to the Council's attention a discussion on the JAS Working Group list which is concerning to me because the conversation by both the Working Group and ICANN staff, and the planned action items, are in direct contravention to the approved JAS Working Group Charter. Bottom line is that the JAS Working Group is not only providing direct input to the ICANN Board without consultations with the GNSO (or even the ALAC), but the JAS Working Group is also planning on delivering its final report in May directly to the ICANN Board without "the input and consideration by the respective supporting organizations (GNSO and ALAC)." I believe the Council must take immediate action in order to enforce the Charter we have all approved. To fail to do so would be an abdication of our responsibilities and more importantly, would constitute a complete failure of the bottom-up policy process. On January 13, 2011, the GNSO Council approved a "Joint SO/AC Working Group on support for new gTLD applicants (JAS)" that included the following provisions: "3. The Working group shall report its results and present a final report directly to the GNSO Council and the ALAC for discussion and adoption, as appropriate, according to their own rules and procedures. 4. All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC unless expressly approved by the respective SO/AC." See https://community.icann.org/display/jaswg/Charter+as+approved+by+the+GNSO+C…. Despite the clear words of the Charter to "report its results and present a final report to the GNSO Council" and to ensure that "All communication to the ICANN Board regarding the work of this Working Group shall be through the respective SO/AC", the JAS working group on its own initiative (and with some help from ICANN staff) is going in the complete opposite direction. On the JAS mailing list on April 12th, in a post from Avri Doria to the JAS Group, in referring to criteria for a fee waiver program, the following was stated: "We have a requirement to give the Board a draft on Friday, and the work currently being done is not close to being ready on this issue." See http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01378.html. More discussion took place between the working group about this report to be delivered not to the GNSO (or ALAC), but directly to the ICANN Board. In a subsequent post from Karla Valente (ICANN staff) to the Working Group entitled "call today and summary for the Board", the following was stated: "Please know that I conveyed to Peter and Kurt that there will be a summary for the Board by Friday AND that the work done by Friday will not be the actual "Final Report", which is scheduled to be ready for end of May. I also added that this summary, due to time constrains [sp.], will not have the input and consideration by the respective supporting organizations (GNSO and ALAC). http://forum.icann.org/lists/soac-newgtldapsup-wg/msg01381.html" I am requesting that this formally be added to our agenda for April 28th and request that until that time no summary of work be provided by the JAS working group to the Board without review by the GNSO. This again shows the failure of the cross working group model and the lack of recognition that persons participating in working groups are there in their own individual capacities and not on behalf of their constituency, stakeholder group, advisory committee or even the GNSO. Best regards, Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy 21575 Ridgetop Circle, 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/> Please note new address starting March 21, 2011: 21575 Ridgetop Circle, Sterling VA 20166 ________________________________ 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.

1 0

GAC comments on the ICANN Board’s response to the GAC Scorecard
by Bruce Tonkin April 12, 2011

April 12, 2011

Hello All, Please see attached GAC comments on the ICANN Board’s response to the GAC Scorecard. Regards, Bruce

1 0

Call for participants to the GNSO Standing Committee on Improvement Implementation (SCI)
by Glen de Saint Géry April 12, 2011

April 12, 2011

Dear SG/Constituency leader, at the GNSO council meeting on 7 April the charter of the Standing Committee on Improvement Implementation (SCI) was adopted (see attached). The GNSO Standing Committee on Improvement Implementation (SCI) will be responsible for reviewing and assessing the effective functioning of recommendations provided by the Operational Steering Committee (OSC) and Policy Process Steering Committee (PPSC) and approved by the GNSO Council: . On request for those recommendations that have been identified to present immediate problems . On a periodic timescale for all recommendations in order to identify possible issues and/or improvements (subject to a clear definition by the SCI on which recommendations should be reviewed) As the appointed SCI Interim Chair I'd like to invite your SG/Constituency to appoint one (1) member plus one (1) alternate to this committee. Please forward the names to the GNSO Secretariat (E-Mail address) by 15 May, 2011. Please let me know if you require any further information. Kind regards Wolf-Ulrich Knoben Attachment: SCI charter Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0

GNSO Open Council meeting minutes 16 March 2011 posted as approved
by Glen de Saint Géry April 12, 2011

April 12, 2011

Dear Councillors, Please note that the GNSO Open Council meeting minutes of 16 March 2011 have been posted as approved on the GNSO website on page http://gnso.icann.org/calendar/#mar and can be directly viewed at: http://gnso.icann.org/meetings/minutes-council-16mar11-en.htm Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat(a)gnso.icann.org http://gnso.icann.org

1 0