Thanks very much for getting back to us on this Margie. Stéphane Le 6 oct. 2011 à 01:17, Margie Milam a écrit :
Dear All,
At the last Council meeting, a number of questions were raised related to the nature of GAC advice to the GNSO Council. After inquiring with the legal department, here is what I learned:
Under the Bylaws, there are no requirements or specifications of how the GNSO should receive and/or respond to GAC advice. GNSO has no obligation to enter into consultation with the GAC regarding advice provided by the GAC to the GNSO. However, the role of the GAC is to "provide advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN's policies and various laws and international agreements or where they may affect public policy issues." The Bylaws also note that the advice of the Governmental Advisory Committee on public policy matters is to be duly taken into account, both in the formulation and adoption of policies.
Therefore, the GNSO is encouraged to take the opinions of the GAC very seriously, just as the GNSO would advice from the ALAC or SSAC. In addition, if the GAC's concerns are not addressed or mitigated prior to an issue reaching the ICANN Board for consideration, it's possible that the GAC could issue the same advice to the Board, thereby triggering the Board's consideration/consultation obligations as set forth in the Bylaws.
I'll be happy to address any questions you may have regarding this topic on tomorrow's Council call.
All the Best,
Margie ____________
Margie Milam Senior Policy Counselor ICANN ____________