Dear Council Colleagues, Please find below the communication Paul and I received from Becky and Avril yesterday and attached the redline prepared by Steve. As indicated by Becky, there are a number of points of then Clarifying Statements which the Board is asking us to hold on while they work on offering wording alternatives for us to review. As you know that Board was in recess until Monday, Becky sent apologies for the very late input. Steve’s edits reflect the request by setting Topics 30 and 31 and most of the Topic 9 Recommendations aside. For us to discuss later today. Kindly, Sebastien Ducos GoDaddy Registry | Senior Client Services Manager [signature_2093298213] +33612284445 France & Australia sebastien@registry.godaddy<mailto:sebastien@registry.godaddy> From: Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> Date: Thursday, 24 August 2023 at 12:16 am To: gnso-chairs@icann.org <gnso-chairs@icann.org> Subject: Re: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. Caution: This email is from an external sender. Please do not click links or open attachments unless you recognize the sender and know the content is safe. Forward suspicious emails to isitbad@. Dear Sebastian, John, and Greg, Assuming you agree with the approach (Greg, thanks for your comments so far), here is some proposed text to send to the Council, to try and prepare them for action during tomorrow’s meeting. Thanks, Steve Dear Councilors Colleagues, In respect of item 4 and the Council’s SubPro Clarifying Statement, I have some news to share and a proposed path forward. Council leadership and Paul received a note from Avri and Becky (co-leads of the Board SubPro caucus), informing us that the Board wishes to have a little more time to refine the language regarding the enforceability of PICs and RVCs (i.e., the majority of Topic 9 and by implication, Topics 30 and 31). From a leadership perspective, we believe that removing the text in the Clarifying Statement that relates to PICs and RVCs, and having the Council approve what remains, is a pragmatic path forward to allow progress on at least some of the recommendations. Once the Board reverts with suggested refinements to the PICs and RVCs language in the Clarifying Statement, separate Council action can be taken when appropriate. We believe the alternative approach is to delay any action on the Clarifying Statement until all of the language is ready for approval. While it is not ideal to break the Clarifying Statement into two parts, we believe incremental progress is preferred. To be clear, we are proposing that a revised Clarifying Statement (attached as a redlined document), that removes the topics related to PICs and RVCs, be approved by the Council’s meeting on 24 August. While time is allocated for discussion on this item, we do encourage you to voice any concerns you may have on the mailing list. Kindly, Sebastien From: Gnso-chairs <gnso-chairs-bounces@icann.org> on behalf of Steve Chan via Gnso-chairs <gnso-chairs@icann.org> Reply-To: Steve Chan <steve.chan@icann.org> Date: Wednesday, August 23, 2023 at 2:49 PM To: "gnso-chairs@icann.org" <gnso-chairs@icann.org> Subject: [gnso-chairs] FW: [Ext] Update on Board review of clarifying statements. FYI… From: Becky Burr <becky.burr@board.icann.org> Date: Wednesday, August 23, 2023 at 2:48 PM To: "Sebastien@registry.godaddy" <Sebastien@registry.godaddy> Cc: Paul McGrady <paul@elstermcgrady.com>, Steve Chan <steve.chan@icann.org>, Lars HOFFMANN <lars.hoffmann@icann.org>, Avri Doria <avri.doria@board.icann.org> Subject: [Ext] Update on Board review of clarifying statements. Sebastian Ducos, Chair GNSO Council Dear Seb, We wanted to let you know in advance of the Council meeting that the Board’s SubPro Caucus has reviewed the clarifying statements provided by the Council and we are comfortable that all but one of the clarifications address the Board’s concerns. We are still working on and need a little more time on the language regarding the enforceability of PICs and RVCs. The Board would like to propose a small tweak to the language to ensure that it is crystal clear. We will revert with this as soon as possible and apologize for the delay. Best, avri and Becky
