October 2018 - council - lists.icann.org

FW: Consideration of options for Curative Rights
by McGrady, Paul D. 21 Oct '18

21 Oct '18

Fellow Councilors, Please see Phil's email below. It does raise the issue of whether or not we must refer Recommendation 5 to Phase 2 of the RPM PDP or whether we can just say "that is out of scope, so we are not advancing it" and just let it die where it is. There is a certain amount of cleanliness in letting it die rather than breathing new life into it by sending it to Phase 2/RPM. Best, Paul From: Corwin, Philip <pcorwin(a)verisign.com> Sent: Sunday, October 21, 2018 9:52 AM To: McGrady, Paul D. <PMcGrady(a)winston.com> Cc: kathy(a)kathykleiman.com; brian.beckham(a)wipo.int; julie.hedlund(a)icann.org; ariel.liang(a)icann.org; mary.wong(a)icann.org Subject: RE: [council] Consideration of options for Curative Rights Importance: High Paul: I would hope you would pass this PERSONAL comment along to Council. As a former co-chair of the IGP CRP WG I am excruciatingly aware of the complexities of the subject of IGO immunity, and sovereign immunity generally, in relationship to the UDRP. I am therefore concerned that kicking this issue to the RPM WG would introduce a new, complex, and divisive matter that might significantly delay if not derail our Phase 2 UDRP work. This could be for us what WT5 has become for SubPro, as GAC and IGO members will likely wish to participate. At a minimum, WG members would need to review, discuss, and understand the 25-page legal memo prepared on the interrelationship of IGO immunity and the UDRP prepared by Prof. Edward Swaine for the IGO CRP WG. Therefore, I would ask that Council not act in haste and give extended consideration to these concerns before asking that the RPM WG re-litigate an issue that consumed four years for the IGO CRP WG (one of which, admittedly, was for preparation and publication of the Swaine memo). This issue involves a fundamental conflict between the right of a domain registrant to seek judicial review in a court of mutual jurisdiction, and the scope of an IGO's immunity from judicial process (which can vary between jurisdictions). There is no easy answer to this conflict, and no resolution possible at all absent some mutual degree of compromise. Thank you, Philip Philip S. Corwin Policy Counsel VeriSign, Inc. 12061 Bluemont Way Reston, VA 20190 703-948-4648/Direct 571-342-7489/Cell "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of McGrady, Paul D. Sent: Sunday, October 21, 2018 9:53 AM To: Rubens Kuhl <rubensk(a)nic.br<mailto:rubensk@nic.br>>; GNSO Council List <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [EXTERNAL] Re: [council] Consideration of options for Curative Rights Thanks Rubens. I understand that while we haven't done that sort of thing before, there is nothing prohibiting it. Seems like a sensible way forward to me... Best, Paul -----Original Message----- From: council <council-bounces(a)gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Rubens Kuhl Sent: Sunday, October 21, 2018 8:42 AM To: GNSO Council List <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [council] Consideration of options for Curative Rights Fellow Council members, I wonder if it's an option for the Council to accept recommendations #1 to #4 of the final report, and refer recommendation #5 to the RPM PDP, since there are concerns of that being or not in the WG charter / scope ? Rubens ________________________________ The contents of this message may be privileged and confidential. If this message has been received in error, please delete it without reading it. Your receipt of this message is not intended to waive any applicable privilege. Please do not disseminate this message without the permission of the author. Any tax advice contained in this email was not intended to be used, and cannot be used, by you (or any other taxpayer) to avoid penalties under applicable tax laws and regulations. _______________________________________________ council mailing list council(a)gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council<https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fmm.icann.o…>

2 1

Consideration of options for Curative Rights
by Rubens Kuhl 21 Oct '18

21 Oct '18

Fellow Council members, I wonder if it's an option for the Council to accept recommendations #1 to #4 of the final report, and refer recommendation #5 to the RPM PDP, since there are concerns of that being or not in the WG charter / scope ? Rubens

3 2

Fwd: From GAC Chair: PDP On Curative Rights Mechanisms
by Heather Forrest 21 Oct '18

21 Oct '18

Dear Council colleagues, Please note here the letter just received from the GAC, which we should usefully discuss prior to our meeting with the GAC this afternoon at 1545. Best wishes, Heather ---------- Forwarded message --------- From: Tom Dale <tom(a)acig.com.au> Date: Sun, Oct 21, 2018 at 1:20 PM Subject: From GAC Chair: PDP On Curative Rights Mechanisms To: Heather Forrest <haforrestesq(a)gmail.com>, Austin, Donna <Donna.Austin(a)team.neustar>, Johan Helsingius <julf(a)julf.com>, Rafik Dammak <rafik.dammak(a)gmail.com> Cc: gnso-secs(a)icann.org <gnso-secs(a)icann.org>, gac(a)icann.org <gac(a)icann.org> Dear All Please find attached a letter from the GAC Chair concerning the PDP on IGO-INGO Access to Curative Rights Protection Mechanisms. Regards Tom Dale ACIG GAC Secretariat ACIG – Australian Continuous Improvement Group evaluate :: improve : innovate Cell: +61 418 207 376 tom(a)acig.com.au www.acig.com.au ACIG is an independent consulting firm engaged to provide secretariat services to ICANN’s Governmental Advisory Committee

1 0

Adobe Connect Link for GNSO Room (115) - ICANN63
by Ariel Liang 21 Oct '18

21 Oct '18

Dear GNSO Councilors, This is the public Adobe Connect room link for the GNSO Council Room (115), which is used for the GNSO Working Session, GNSO Council Public Session, and other meetings that take place in the room: https://participate.icann.org/bcn63-115 Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) Mobile: +1 310 804 2761 Skype: ariel.liang.icann www.icann.org

1 0

REMINDER GNSO Working session in 3mins in rm 115
by Nathalie Peregrine 21 Oct '18

21 Oct '18

Dear all, Please make your way to the GNSO Working session in rm 115, the session will start at 8h30. Kind regards Nathalie Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <nathalie.peregrine(a)icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>

1 0

GNSO Chair Report 2018
by Heather Forrest 21 Oct '18

21 Oct '18

Dear colleagues, It is a great pleasure to hereby submit my report for Council year 2017/18. With best wishes, Heather

3 2

Bill GNSO Drinks and tapas Saturday 20 October 2018
by Nathalie Peregrine 21 Oct '18

21 Oct '18

Dear all, Thank you so much for joining the GNSO Council drinks and tapas event last night at Ultramarinos! Please find the group bill attached for your expenses. Please complete payment if you have not already done so: https://paypal.me/gnsocouncilevent [paypal.me]<https://urldefense.proofpoint.com/v2/url?u=https-3A__paypal.me_gnsocouncile…>. Reminder: any cancellation after Wednesday 17th October 2018 will have been billed to Keith, so please log onto Paypal as soon as possible. Thank you! Kind regards, Nathalie Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <nathalie.peregrine(a)icann.org%20> Skype: nathalie.peregrine.icann Find out more about the GNSO by taking our interactive courses<applewebdata://EB3A6F47-9760-400D-A39B-A7EFFC56B467/learn.icann.org/courses…> and visiting the GNSO Newcomer pages<https://urldefense.proofpoint.com/v2/url?u=http-3A__gnso.icann.org_sites_gn…>

1 0

GNSO Council Abstention Notification Form [#285]
by ICANN 21 Oct '18

21 Oct '18

1 0

GAC Liaison 2018 report
by Johan Helsingius 20 Oct '18

20 Oct '18

Attached find the 2018 annual report from the GNSO Liaison to the GAC. Julf

1 0

Re: [council] [gnso-secs] [Ext] REMINDER: GNSO Council drinks & tapas - Saturday 20 October 2018 from 19:00 - 20:30 Ultramarinos
by Nathalie Peregrine 20 Oct '18

20 Oct '18

Dear all, Reminder, the GNSO Council closed drinks and tapas event is tonight, at Ultramarinos (Rambla dels Caputxins, 31, 08002 Barcelona). It’s a 15 – 20 min cab ride from CCIB. The MyTaxi app works very well here and is a good Uber replacement. Otherwise there are cabs outside the CCIB, opposite the Princess Barcelona hotel, most of them accept Visa or Mastercard. Please ensure you make your way to the venue right after the meetings end to allow for traffic delays. We have a private room, so our bags will be quite secure there. The event is booked to start at 19:00 and finish at 20:30, so please get there on time to make the most of the moment! Thanks to those of you who have already paid Keith via the Paypal account: https://paypal.me/gnsocouncilevent [paypal.me]<https://urldefense.proofpoint.com/v2/url?u=https-3A__paypal.me_gnsocouncile…>. For those of you who haven’t yet, it’s 35 euros a head. Keith has been kind enough to also accept payments in cash, but Paypal is preferable. Thank you all, have a wonderful day and looking forward to seeing you all tonight! Nathalie From: Gnso-secs <gnso-secs-bounces(a)icann.org> on behalf of Nathalie Peregrine <nathalie.peregrine(a)icann.org> Date: Friday, October 19, 2018 at 6:47 PM To: "kdrazek(a)verisign.com" <kdrazek(a)verisign.com>, "council(a)gnso.icann.org" <council(a)gnso.icann.org>, "fpetillion(a)petillion.law" <fpetillion(a)petillion.law>, "smccormick(a)kvantcorp.com" <smccormick(a)kvantcorp.com>, "elsa.saade(a)gmail.com" <elsa.saade(a)gmail.com>, "m.alzoba(a)gmail.com" <m.alzoba(a)gmail.com> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: Re: [gnso-secs] [Ext] REMINDER: GNSO Council drinks & tapas - Saturday 20 October 2018 from 19:00 - 20:30 Ultramarinos Dear all, Please be so kind as to log onto the following Paypal account to pay 35 euros a head for the GNSO Council drinks and tapas event: https://paypal.me/gnsocouncilevent [paypal.me]<https://urldefense.proofpoint.com/v2/url?u=https-3A__paypal.me_gnsocouncile…> The venue will only accept one payment for the group, so Keith has kindly accepted to foot the bill for fellow councilors. Please ensure you pay him as soon as possible and email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> to confirm this has been done. Looking forward to seeing you all! Kind regards, Nathalie From: "kdrazek(a)verisign.com" <kdrazek(a)verisign.com> Date: Friday, October 19, 2018 at 5:54 PM To: Nathalie Peregrine <nathalie.peregrine(a)icann.org>, "council(a)gnso.icann.org" <council(a)gnso.icann.org>, "fpetillion(a)petillion.law" <fpetillion(a)petillion.law>, "smccormick(a)kvantcorp.com" <smccormick(a)kvantcorp.com>, "elsa.saade(a)gmail.com" <elsa.saade(a)gmail.com>, "m.alzoba(a)gmail.com" <m.alzoba(a)gmail.com> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: [Ext] REMINDER: GNSO Council drinks & tapas - Saturday 20 October 2018 from 19:00 - 20:30 Ultramarinos Hi everyone, and welcome to Barcelona! This is a reminder that we have our GNSO Council social event scheduled for Saturday evening from 1900 to 2030 at a wonderful venue called Ultramarinos. I look forward to seeing you all soon. The address and other details are in the note below. Huge thanks to Nathalie for helping coordinate logistics with the venue! Best regards, Keith From: council <council-bounces(a)gnso.icann.org> On Behalf Of Nathalie Peregrine Sent: Monday, October 15, 2018 9:42 AM To: council(a)gnso.icann.org; Flip Petillion <fpetillion(a)petillion.law>; Scott McCormick <smccormick(a)kvantcorp.com>; elsa.saade(a)gmail.com; m.alzoba(a)gmail.com Cc: gnso-secs(a)icann.org Subject: [EXTERNAL] [council] PLEASE READ & RSVP: GNSO Council drinks & tapas - Saturday 20 October 2018 from 19:00 - 20:30 Ultramarinos Dear seated and incoming councilors, Keith Drazek has very kindly offered to arrange the informal Council drinks and tapas on Saturday 20 October 2018 from 19:00 to 20:30 in Barcelona which will allow you to join other events afterwards. We’ll be having drinks and tapas at Ultramarinos [ultramarinosbarcelona.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ultramarinosbarcelo…> (Rambla dels Caputxins, 31, 08002 Barcelona). We will be served an assortment of tapas with wine, there will also be an open bar serving beer and soft drinks for the duration. We have a private room booked for the event with a fixed end time to allow for an early night, or time to join a second social event. Please ensure to leave the Convention Centre immediately after meetings’ end to make the most of the event. The restaurant is a 15 - 20 min car ride from the convention centre. We advise cab sharing as Uber is not currently active in Barcelona. Cabs do tend to take credit cards, please ensure you check with the driver beforehand. It is also worthwhile asking if they take Amex, as not all cabs do. Please confirm attendance before Wednesday 17 October EOB UTC: cancellations and additional bookings will not be available after that time. Cancellations will be charged to Keith Drazek if over the deadline. Price is 35 euros a head, payment details to follow. Thank you so much. Safe travels, Nathalie Nathalie Peregrine Manager, Operations Support (GNSO) Internet Corporation for Assigned Names and Numbers (ICANN) Email: nathalie.peregrine(a)icann.org <mailto:nathalie.peregrine@icann.org > Skype: nathalie.peregrine.icann

2 1