Bruce: Although I generally remain a quiet observer on this list and during the calls, I just wanted to provide some additional insight in connection with this exchange as Danny not only sent me an email but also called me personally on the phone regarding this matter. First, I fully agree with your analysis on the appropriate way for a PDP to be initiated. The concern that Danny had raised with me was that he was not a member of any constituency, and there are no formally approved ALAC structures within the North American region. I originally recommended that he contact Thomas as the ALAC representative to the GNSO Council, however, Thomas' recent departure further limited Danny's options available to him. In my discussion with Danny as well as Alejandro, the other GNSO Board representative, I believe that getting an opinion from ICANN's general counsel or deputy general counsel would be the most prudent course of action if the GNSO Council believed that this matter merited further consideration. I hope that these comments prove useful to the general Council, and I applaud your continued leadership and guidance as Chair of the Council. Best regards, Michael D. Palage -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of Bruce Tonkin Sent: Wednesday, November 03, 2004 5:43 PM To: council@gnso.icann.org Subject: [council] Initiating a PDP Hello Thomas, There are three methods by which a PDP can be initiated: From: http://www.icann.org/general/bylaws.htm#AnnexA a. Board Initiation. The Board may initiate the PDP by instructing the GNSO Council ("Council") to begin the process outlined in this Annex. b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made. c. Advisory Committee Initiation. An Advisory Committee may raise an issue for policy development by action of such committee to commence the PDP, and transmission of that request to the GNSO Council. With respect to Council initiation, it is usually a constituency within the GNSO that requests its representative/s to propose a motion to initiate a PDP. The Council does not need to respond as a whole to an individual from the ICANN community that requests a PDP. I recommend that individual Council members that have been contacted by members of the community with an issue, first discuss the issue within their constituencies to see if there is support for the GNSO to initiate a PDP in this area. If there is support, a Council member should propose a motion (giving at least 7 days notice prior to a Council meeting for all members to consider the motion) to initiate a PDP in this area. The first step after initiation of the PDP will be to request an issues report from the ICANN Staff Manager. Regards, Bruce Tonkin
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, 4 November 2004 3:50 AM To: council@gnso.icann.org Subject: [council] PDP request (fwd)
Hello all,
I received privately the mail attached below from Danny Younger asking to initiate a PDP in regard to the modified deletion processes of some registrars. Could the ICANN legal council please advice us on how to proceed with this request.
Regards,
tom
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Thomas Keller
Domain Services Schlund + Partner AG Brauerstrasse 48 Tel. +49-721-91374-534 76135 Karlsruhe, Germany Fax +49-721-91374-215 http://www.schlund.de tom@schlund.de