Dear Councilors,

Following from the emails below, please find attached a REDLINED and CLEAN version of the proposed FINAL version of the Recommendations Report concerning the four approved IGO Curative Rights PDP recommendations, which is on your Consent Agenda for the Council meeting coming up later today.

This final version incorporates two of Marie’s suggestions (as noted previously) and Paul’s suggestion below.

Thanks and cheers

Mary

From: Mary Wong <mary.wong@icann.org>
Date: Wednesday, May 15, 2019 at 12:31
To: Marie Pattullo <marie.pattullo@aim.be>, "McGrady, Paul D." <PMcGrady@taftlaw.com>, "council@gnso.icann.org" <council@gnso.icann.org>
Subject: RE: REVISED: Draft Recommendations Report on Curative Rights

Thanks for the suggestion, Paul. Staff can certainly make that specific reference to Phase 2 if there is no objection, as what you mentioned is indeed what the GNSO Council decided in its vote to refer Recommendation 5 to the RPM PDP last month.

FYI, we had not initially included a mention of Phase 2 in this Recommendations Report for the simple reason that the draft Addendum to the RPM Charter being reviewed separately by the Council allows the Council the option to begin the Recommendation 5 work on a parallel track with Phase 1 and prior to Phase 2. However, including the reference in this Recommendations Report will not affect the Council’s ability to pursue this option so Paul’s suggestion can certainly be accepted.

Cheers

Steve & Mary

From: Marie Pattullo <marie.pattullo@aim.be>
Date: Wednesday, May 15, 2019 at 11:45
To: "McGrady, Paul D." <PMcGrady@taftlaw.com>, Mary Wong <mary.wong@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org>
Subject: [Ext] RE: REVISED: Draft Recommendations Report on Curative Rights

Sounds reasonable to me, Paul.

From: McGrady, Paul D. <PMcGrady@taftlaw.com>
Sent: Wednesday, May 15, 2019 5:06 PM
To: Mary Wong <mary.wong@icann.org>; Marie Pattullo <marie.pattullo@aim.be>; council@gnso.icann.org
Subject: RE: REVISED: Draft Recommendations Report on Curative Rights

Sorry to come at this so late in the game. Do we want to say (in red):

“With respect to the remaining, fifth, recommendation from the Working Group, the GNSO Council has voted to refer the issue to Phase 2 of the GNSO PDP on Review of All Rights Protection Mechanisms (RPMs) in All gTLDs. As a result, the GNSO Council is not requesting any action from the Board on that recommendation at this time.”

I don’t think we want to take Phase 1 off its already-late timeline by introducing this question, which seems like a Phase 2 question in any event.

Best,

Paul

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From: council <council-bounces@gnso.icann.org> On Behalf Of Mary Wong
Sent: Tuesday, May 14, 2019 6:48 PM
To: Marie Pattullo <marie.pattullo@aim.be>; council@gnso.icann.org
Subject: [council] REVISED: Draft Recommendations Report on Curative Rights

Dear all,

As noted below, staff has updated the Draft Recommendations Report to the Board on the IGO-INGO Curative Rights PDP recommendations – please see the attached markup for the two revisions that we made based on Marie’s comments.

The two revisions are:

Updating Section 7 to add a reference to the GAC letter of 17 April 2019 and the Council’s decision; and
Updating Section 10 to add a reference to the possible need to review or modify implementation work depending on the outcome of the RPM work on Recommendation 5.

Marie, FYI that we did not make any additional revisions for the following reasons:

For Section 4, we read your comment as agreeing with the suggested text; and
For Section 5, we advise including this suggestion either in a cover note (or separate letter), since the Recommendations Report concerns those recommendations approved for Board action. As such, Recommendation 5 (and any additional resources that may be required) is not part of the scope of this report.

We hope the revisions accurately reflect Marie’s suggestions.

Best regards,

Steve & Mary

From: Marie Pattullo <marie.pattullo@aim.be>
Date: Tuesday, May 14, 2019 at 11:02
To: Mary Wong <mary.wong@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org>
Subject: RE: [Ext] RE: [council] FOR REVIEW: Draft Recommendations Report on Curative Rights

Thanks!

Marie

From: Mary Wong <mary.wong@icann.org>
Sent: Tuesday, May 14, 2019 5:01 PM
To: Marie Pattullo <marie.pattullo@aim.be>; council@gnso.icann.org
Subject: Re: [Ext] RE: [council] FOR REVIEW: Draft Recommendations Report on Curative Rights

Hello Marie and everyone – as we did not see any further discussion following your message, staff have not edited or amended the Recommendations Report that was circulated for Council review. If, however, there are no objections to your suggestions, we are very happy to make the suggested changes before the 16 May meeting.

Thanks and cheers

Steve & Mary

From: Marie Pattullo <marie.pattullo@aim.be>
Date: Tuesday, May 14, 2019 at 10:52
To: Mary Wong <mary.wong@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org>
Subject: [Ext] RE: [council] FOR REVIEW: Draft Recommendations Report on Curative Rights

Sorry to come back to this, but may I please check – are paras 7 and 10 (& 5?) going ahead as originally drafted or are the below changes possible?

Thanks again,

Marie

From: Marie Pattullo
Sent: Wednesday, May 8, 2019 4:05 PM
To: Mary Wong <mary.wong@icann.org>; council@gnso.icann.org
Subject: RE: [council] FOR REVIEW: Draft Recommendations Report on Curative Rights

Thanks, all.

I am consulting with the BC membership, but some initial thoughts:

4 - Agree that it makes sense to go to the same IRT as for the Red Cross.
5 - Although not for these Recs, notable that we will need legal expertise for Rec 5 in the new RPM group. Maybe worth a reference that we will need to budget for that?
7 - Think we should also mention the latest GAC letter [gnso.icann.org] (17^th April).
10 – Perhaps we should be explicit that the implementation may need to be revisited depending on the outcome of the work on Rec 5?

Best

Marie

From: council <council-bounces@gnso.icann.org> On Behalf Of Mary Wong
Sent: Monday, May 6, 2019 7:28 PM
To: council@gnso.icann.org
Subject: [council] FOR REVIEW: Draft Recommendations Report on Curative Rights

Dear Councilors,

Please find attached for your review a draft Recommendations Report covering the four PDP recommendations on IGO-INGO Curative Rights that the Council approved at its meeting last month. As a reminder, under the ICANN Bylaws (Annex A, Section 8), the Council is required to submit a Recommendations Report to the Board (following Council approval of PDP recommendations and prior to any Board action).

Please let us know if you have any questions or comments on the document. As is customary, and subject to any contrary request by a Councilor, the staff expectation is that the report will be placed on the Council’s consent agenda for the 16 May meeting.

Thanks and cheers

Steve & Mary