March 2014 - council - lists.icann.org

RE: [council] GNSO Council Meeting with ICANN Board
by Winterfeldt, Brian J. March 23, 2014

March 23, 2014

Dear Brett: Thank you for the suggestion. However, contrary to the insinuation, my comment is not advanced on behalf of any one client or in respect to any one case. Based on public comments and statements made here in Singapore, I was under the impression that a considerable portion of the community saw the proposed review mechanism as problematic for a variety of reasons including its scope and, conversely, its very existence. Perhaps you would like to lead any discussion with the Board on this issue instead, given the Uniregistry public comment<http://forum.icann.org/lists/comments-sco-framework-principles-11feb14/msg0…> on this issue, portions of which I am personally inclined to agree with. The proposal to further reconsider these decisions on what appears to be an arbitrary selection basis for such reconsideration is an invitation for all parties dissatisfied with outcomes to lobby for ad-hoc changes to the new TLD process. * * * * We believe the more efficient view, however, is to allow the opinions to stand, as they are, and resolve the contentions as described above, which does not require any extraordinary intervention by ICANN. Ultimately, to the extent that the Council addresses "the success (or not) of the new gTLD program" per the proposed agenda, I thought the pending SCO review proposal should at least receive mention for consideration. Thank you, Brian Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt(a)kattenlaw.com<mailto:brian.winterfeldt@kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/> From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Bret Fausett Sent: Sunday, March 23, 2014 11:30 AM To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: Re: RE: [council] GNSO Council Meeting with ICANN Board On Mar 23, 2014, at 10:40 AM, Winterfeldt, Brian J. <brian.winterfeldt(a)kattenlaw.com<mailto:brian.winterfeldt@kattenlaw.com>> wrote: * An ad hoc, unbalanced and unduly narrow proposed SCO review mechanism. Brian, if you speak on this, can you please identify yourself as counsel for Google in the CAR/CARS and other plurals disputes? At Uniregistry, we obviously have a different view on this. Having prevailed in all of our disputes, we do not believe it is appropriate, or contractually permissible, to ask us to reargue them. If we have one side of this issue articulated to the Board, you'll need to put me in the queue to provide the counter view. Bret -- Bret Fausett, Esq. * General Counsel, Uniregistry, Inc. 12025 Waterfront Drive, Suite 200 * Playa Vista, CA 90094-2536 310-496-5755 (T) * 310-985-1351 (M) * bret(a)uniregistry.com<mailto:bret@uniregistry.com> - - - - - =========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). ===========================================================

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Successful PDPs / Highlights for board
by Jonathan Robinson March 23, 2014

March 23, 2014

All, We discussed highlighting a few key successes. We planned to have one or two sentences along the lines of: This is a (GNSO Policy) success because: I currently have the following in my list: . IGO / INGO PDP - Thomas . Thick WHOIS - Mikey Please confirm and add if I have missed. PPSAI? Thanks, Jonathan

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RE: [council] RE: GNSO Council Meeting with ICANN Board
by Winterfeldt, Brian J. March 23, 2014

March 23, 2014

Dear Jonathan: I have added two additional examples regarding success of the new gTLD program, which I am happy to speak to during our meeting with the Board. Thank you, Brian Brian J. Winterfeldt Head of Internet Practice Katten Muchin Rosenman LLP 2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118 p / (202) 625-3562 f / (202) 339-8244 brian.winterfeldt(a)kattenlaw.com<mailto:brian.winterfeldt@kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/> From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Jonathan Robinson Sent: Sunday, March 23, 2014 9:58 AM To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: [council] RE: GNSO Council Meeting with ICANN Board Importance: High All, Following up on below and our preparatory session yesterday, I have notes on the following questions / discussion points I feel we could do with a little more substance / clarity here. Please can you give your input / comments on list asap. - Add to - Remove from - Modify - Volunteer / Commit to lead We may get to discuss more at lunch. Jonathan ---- Overarching Issues / Challenges (Jonathan, A.N. Other?) - Volume of work and pace of change - Concerns over dominance of top-down / executive & board led initiatives - Guarantee of the preservation of bottom-up and consensus based multi-stakeholder system Specific Questions & Issues - IGO / INGO Issue (Thomas) o Board commitment to bottom-up processes (PDP) o Specific issues - Current view of board of the success (or not) of the new gTLD programme (Introduced by?) (Follow-on: How is the board planning to evaluate success?). Examples: o Name collisions. GEO TLDs. Reservation list (Who?) o RAA. Data retention requirements (James +1)(Ching +1) o Universal acceptance? IOS 7 (Ching +1) o New gTLD objections. § An ad hoc, unbalanced and unduly narrow proposed SCO review mechanism. § Unmitigated and uncapped ICC delays and fees in community and limited public interest objections. - What is the decision making process leading to reconciling GAC advice / GNSO policy? (John) - A number of SSAC reports seem to be backlogged (Mikey) o What is the Board’s approach to addressing SSR backlog? - Strategy Panels (Maria / James) o N.B. Were these adequately covered yesterday with Fadi? From: Jonathan Robinson [mailto:jonathan.robinson@ipracon.com] Sent: 21 March 2014 11:22 To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: GNSO Council Meeting with ICANN Board All, I have spoken with Steve Crocker and out of that conversation, a proposed structure of our 90 minutes meeting with the board has emerged (see below). Note that there is specific scope for raising key questions / issues with the board and the structure anticipates some of these. I propose to deliver the GNSO Council update using a few slides if necessary. Any thoughts or comments on fleshing this out are welcome, particularly on “specific questions” and “current challenges / issues”. Thanks, Jonathan --- GNSO Council · GNSO Council update to ICANN Board (10 mins) o Brief description of GNSO Council and GNSO process improvements. Focus on reality v. possible perception. o Specific highlight of GAC / GNSO work on early GAC engagement in the policy process. · Specific questions the GNSO Council has for the ICANN Board, i.e. the GNSO Council’s “asks" if not covered elsewhere on agenda (15 mins) · Highlight current challenges GNSO is currently dealing with. This might include the pace of change, concerns about top-down vs bottom up, etc. (15 mins) ICANN Board · ICANN Board update on how the Board is working, where our focus is, etc. Division of labor and coordination with the CEO. (10 mins) · Clarification about the role, purpose and operation of the new Board Advisory Committees. (15 mins) · ICANN Board’s view of ICANN Globalization, IANA Globalization and general Internet Governance. (20 mins) =========================================================== CIRCULAR 230 DISCLOSURE: Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended or written to be used and cannot be used by a taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer. =========================================================== CONFIDENTIALITY NOTICE: This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please notify the sender, by electronic mail or telephone, of any unintended recipients and delete the original message without making any copies. =========================================================== NOTIFICATION: Katten Muchin Rosenman LLP is an Illinois limited liability partnership that has elected to be governed by the Illinois Uniform Partnership Act (1997). ===========================================================

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RE: GNSO Council Meeting with ICANN Board
by Jonathan Robinson March 23, 2014

March 23, 2014

All, Following up on below and our preparatory session yesterday, I have notes on the following questions / discussion points I feel we could do with a little more substance / clarity here. Please can you give your input / comments on list asap. - Add to - Remove from - Modify - Volunteer / Commit to lead We may get to discuss more at lunch. Jonathan ---- Overarching Issues / Challenges (Jonathan, A.N. Other?) - Volume of work and pace of change - Concerns over dominance of top-down / executive & board led initiatives - Guarantee of the preservation of bottom-up and consensus based multi-stakeholder system Specific Questions & Issues - IGO / INGO Issue (Thomas) o Board commitment to bottom-up processes (PDP) o Specific issues - Current view of board of the success (or not) of the new gTLD programme (Introduced by?) (Follow-on: How is the board planning to evaluate success?). Examples: o Name collisions. GEO TLDs. Reservation list (Who?) o RAA. Data retention requirements (James +1)(Ching +1) o Universal acceptance? IOS 7 (Ching +1) - What is the decision making process leading to reconciling GAC advice / GNSO policy? (John) - A number of SSAC reports seem to be backlogged (Mikey) o What is the Board's approach to addressing SSR backlog? - Strategy Panels (Maria / James) o N.B. Were these adequately covered yesterday with Fadi? From: Jonathan Robinson [mailto:jonathan.robinson@ipracon.com] Sent: 21 March 2014 11:22 To: council(a)gnso.icann.org Subject: GNSO Council Meeting with ICANN Board All, I have spoken with Steve Crocker and out of that conversation, a proposed structure of our 90 minutes meeting with the board has emerged (see below). Note that there is specific scope for raising key questions / issues with the board and the structure anticipates some of these. I propose to deliver the GNSO Council update using a few slides if necessary. Any thoughts or comments on fleshing this out are welcome, particularly on "specific questions" and "current challenges / issues". Thanks, Jonathan --- GNSO Council * GNSO Council update to ICANN Board (10 mins) o Brief description of GNSO Council and GNSO process improvements. Focus on reality v. possible perception. o Specific highlight of GAC / GNSO work on early GAC engagement in the policy process. * Specific questions the GNSO Council has for the ICANN Board, i.e. the GNSO Council's "asks" if not covered elsewhere on agenda (15 mins) * Highlight current challenges GNSO is currently dealing with. This might include the pace of change, concerns about top-down vs bottom up, etc. (15 mins) ICANN Board * ICANN Board update on how the Board is working, where our focus is, etc. Division of labor and coordination with the CEO. (10 mins) * Clarification about the role, purpose and operation of the new Board Advisory Committees. (15 mins) * ICANN Board's view of ICANN Globalization, IANA Globalization and general Internet Governance. (20 mins)

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Re: [council] RE: GNSO Council Meeting with ICANN Board
by John Berard March 23, 2014

March 23, 2014

Where in this is our "ask" that the Board accommodate community input in performance reviews of the CEO and Board? Berard On Mar 22, 2014 6:58 PM, Jonathan Robinson <jrobinson(a)afilias.info> wrote: > > All, > > > > Following up on below and our preparatory session yesterday, I have notes on > the following questions / discussion points > > I feel we could do with a little more substance / clarity here. > > > > Please can you give your input / comments on list asap. > > > > - Add to > > - Remove from > > - Modify > > - Volunteer / Commit to lead > > > > We may get to discuss more at lunch. > > > > Jonathan > > > > ---- > > > > Overarching Issues / Challenges (Jonathan, A.N. Other?) > > - Volume of work and pace of change > > - Concerns over dominance of top-down / executive & board led > initiatives > > - Guarantee of the preservation of bottom-up and consensus based > multi-stakeholder system > > > > Specific Questions & Issues > > - IGO / INGO Issue (Thomas) > > o Board commitment to bottom-up processes (PDP) > > o Specific issues > > - Current view of board of the success (or not) of the new gTLD > programme (Introduced by?) > (Follow-on: How is the board planning to evaluate success?). > Examples: > > o Name collisions. GEO TLDs. Reservation list (Who?) > > o RAA. Data retention requirements (James +1)(Ching +1) > > o Universal acceptance? IOS 7 (Ching +1) > > - What is the decision making process leading to reconciling GAC > advice / GNSO policy? (John) > > - A number of SSAC reports seem to be backlogged (Mikey) > > o What is the Board's approach to addressing SSR backlog? > > - Strategy Panels (Maria / James) > > o N.B. Were these adequately covered yesterday with Fadi? > > > > From: Jonathan Robinson [mailto:jonathan.robinson@ipracon.com] > Sent: 21 March 2014 11:22 > To: council(a)gnso.icann.org > Subject: GNSO Council Meeting with ICANN Board > > > > All, > > > > I have spoken with Steve Crocker and out of that conversation, a proposed > structure of our 90 minutes meeting with the board has emerged (see below). > > > > Note that there is specific scope for raising key questions / issues with > the board and the structure anticipates some of these. > > > > I propose to deliver the GNSO Council update using a few slides if > necessary. > > > > Any thoughts or comments on fleshing this out are welcome, particularly on > "specific questions" and "current challenges / issues". > > > > Thanks, > > > > > > Jonathan > > > > --- > > > > GNSO Council > > * GNSO Council update to ICANN Board (10 mins) > > o Brief description of GNSO Council and GNSO process improvements. > Focus on reality v. possible perception. > > o Specific highlight of GAC / GNSO work on early GAC engagement in the > policy process. > > * Specific questions the GNSO Council has for the ICANN Board, i.e. > the GNSO Council's "asks" if not covered elsewhere on agenda (15 mins) > > * Highlight current challenges GNSO is currently dealing with. > This might include the pace of change, concerns about top-down vs bottom up, > etc. (15 mins) > > > > ICANN Board > > * ICANN Board update on how the Board is working, where our focus > is, etc. > Division of labor and coordination with the CEO. (10 mins) > > * Clarification about the role, purpose and operation of the new > Board Advisory Committees. (15 mins) > > * ICANN Board's view of ICANN Globalization, IANA Globalization and > general Internet Governance. (20 mins) >

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Re: [council] Arrangements for Council dinner tonight
by Mary Wong March 22, 2014

March 22, 2014

Apologies; apparently the docx file can't be opened/read by some folks here is a version in .doc. Cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org * One World. One Internet. * From: Mary Wong <mary.wong(a)icann.org> Date: Saturday, March 22, 2014 3:50 PM To: "council(a)gnso.icann.org" <council(a)gnso.icann.org> Subject: [council] Arrangements for Council dinner tonight > Hi, this is for everyone who's attending the dinner tonight please meet in > the lobby of the Swissotel at 6.30 p.m.; we'll have transport to take you to > the restaurant, about 10 minutes' drive away. The restaurant is called The > Coriander Leaf and specializes in pan-Asian cuisine, basically Western-style > dishes with Asian touches that can range from South East Asia to India and > beyond. > > We've arranged a set menu; a copy is attached (we have selected the first > S$68+++ set menu, with a choice of main course.) > > If you want to walk there, it's about a 25 minute walk the address is Clarke > Quay, Block 3A, Unit #02-03 (near the river) - a map of Clarke Quay showing > where the restaurant is is attached :) > > (and if you plan to walk, please let me know so we'll know to NOT count you > when doing headcount for the van transport!) > > Thanks so much, and see you tonight, > Mary > > Mary Wong > Senior Policy Director > Internet Corporation for Assigned Names & Numbers (ICANN) > Telephone: +1 603 574 4892 > Email: mary.wong(a)icann.org > > * One World. One Internet. *

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Arrangements for Council dinner tonight
by Mary Wong March 22, 2014

March 22, 2014

Hi, this is for everyone who's attending the dinner tonight please meet in the lobby of the Swissotel at 6.30 p.m.; we'll have transport to take you to the restaurant, about 10 minutes' drive away. The restaurant is called The Coriander Leaf and specializes in pan-Asian cuisine, basically Western-style dishes with Asian touches that can range from South East Asia to India and beyond. We've arranged a set menu; a copy is attached (we have selected the first S$68+++ set menu, with a choice of main course.) If you want to walk there, it's about a 25 minute walk the address is Clarke Quay, Block 3A, Unit #02-03 (near the river) - a map of Clarke Quay showing where the restaurant is is attached :) (and if you plan to walk, please let me know so we'll know to NOT count you when doing headcount for the van transport!) Thanks so much, and see you tonight, Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong(a)icann.org * One World. One Internet. *

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The review document referenced by Ms. Cade
by John Berard March 22, 2014

March 22, 2014

---------- Forwarded message ---------- From: Marilyn Cade <marilynscade(a)hotmail.com> Date: Mar 21, 2014 9:33 PM Subject: [Bc-excomm] Posting from a submission I made/on 360 review/after comments I made individually/In Dakar To: "bc-excomm(a)icann.org" <bc-excomm(a)icann.org>, Steve Metalitz <met(a)msk.com>, Kristina Rosette <krosette(a)cov.com>, Tony Holmes <tonyarholmes(a)btinternet.com>, Wolf-Ulrich Knoben <wolf-ulrich.knoben(a)t-online.de> Cc: > > https://community.icann.org/download/attachments/30345022/360 Input into CEO Succession and ongoing Feedback - chairs.pdf?version=1&modificationDate=1321840895000&api=v2 > > > Dear colleagues > > I went back and researched earlier information on this. It was first raised in Cartegena, but I can't find the transcript from what I said there. > > However, after my comments, as an individual, in Dakar, I was invited by the Board to submit further written comments. I did share it with the other Chairs, at that time, as in informal idea. > > The submission I then sent is attached, and is dated Nov 13, 2011. > > I am not suggesting it in way is a shared view by anyone in the BC at this time, and it is not exactly what John raised. > > I also am of the emerging view that 360 review is needed for Board, not just CEO/President. > > The self appraisals of Board and Chair are posted for 2010, 2011, and 2012. There is no published 2013 reviews that I can find, but I am told by two board members that they were completed. > > I do not know about 360 review of CEO -- e.g. whether it has been done by the Board, or if it is public, if it was done. > > I personally think that the ideas of 360 input deserves discussion in the SGs this week, but I would 'probably' be of the view that it is not a GNSO Council function, but for instance, the composition I originally proposed could be up to 3 participants from the Council, plus the Constituency Chairs/or a designee made by the Excomms of the Constituency/SGs. > > This is just an idea that I wanted to remind all that I did forward, but it was some time ago... > > Of course, we had a different CEO at that time, but I seem to detect a similar concern about how to better encourage linkage between leadership and community/stakeholders on expectations and feedback. > > Many of us will have participated in, whether having our teams use 360 review processes, or in 360 reviews of our own executive leaders. It is not a panecea. > > > In any case, I hope this is helpful. > > Marilyn Cade

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Crowdsoucing a performance review of the CEO
by John Berard March 22, 2014

March 22, 2014

All, As you know, I have previously suggested that the Council create the opportunity for the full community to offer input to a performance review of the CEO. Separate from what the Board is likely doing as Fadi nears his second year in office (to be marked at the London meeting if you assume a Prague meeting start or Los Angeles if Toronto is more accurate), I propose we issue a call for contributions from the community that can be forwarded to the Board. I suggest ways ask those contributions address feedback on how Fadi has done delivering on the four objectives to which he committed in Toronto: 1. Affirm the purpose of ICANN 2. Operational excellence and quality 3. Internationalizing ICANN 4. Evolve the multi a stakeholder model As he said, these four objectives led to 16 goals, 50 initiatives and 156 programs. It may be that the Council is not the perfect entity to manage the call, collection and distribution of community comment, but we are in a position to identify and work with whomever we think is best suited. In Prague, when Fadi introduced himself to the community, he said he was/"driven by building consensus," "all about inclusion," admitted he had been "reproached" for acting unilaterally in the past and wanted to "work at mutual understanding." A call for comment in review of his first two years in office can help Fadi do just that. I propose we discuss this at our open hour at noon today or during the Board prep session later in the afternoon. Cheers, Berard

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Possible topics for the conversation with Cyrus -- managing the "Consensus Policies Implementation" backlog and global technical outreach
by Mike O'Connor March 21, 2014

March 21, 2014

hi all, i was thinking about the opportunity that’s presented by the update that Cyrus is going to give us about his area of responsibility a couple things are on my mind and i’m curious what other people think. - there’s a change in approach (and a growing backlog) in the implementation of Consensus Policies. some examples include IRTP-C and Thick Whois. this might be a good time to talk about the management approach we take to that backlog - there are a whole bunch of recommendations for global outreach campaigns about various technical issues (eg Name Collisions, DDOS attacks using DNS infrastructure, Root Key Rollover, etc. i’d be interested in talking about how these “technical outreach campaigns” could be integrated with the other outreach campaigns that ICANN is launching. what do other folks think? are these questions that we could put to Cyrus beforehand? are there other questions along this line that we could ask Jonathan to put into the queue? mikey PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)

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