I appreciate the constructive dialog on this. My personal opinion is that ending either steering committee at this time would draw the GNSO Improvements process out longer. Although we may not like the results of some of the OSC procedural changes approved so far, we as Councilors have as much responsibility for that as the OSC and the GCOT because we approved them. Also, when we have gone back to the OSC and GCOT with after-the-fact concerns, they have been very responsive. I firmly believe that will be the case on the latest concerns. Moreover, if there is interest in getting some new blood in the process, it has been stated several times that new participants in the GCOT are welcome. Chuck From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Mary Wong Sent: Tuesday, November 30, 2010 10:17 PM To: council@gnso.icann.org; Jeff Neuman Subject: RE: [council] Proposed amendment to OSC & PPSC motion Thanks, Jeff - I for one definitely appreciate the insight from you and did not in any way mean to undermine or downplay the complexity of the task or the hard work that the PDP team and, indeed, the other teams and committees, undertook. The reason why these motions and amendments are being circulated now are, I believe, two-fold; first, for a motion (and thus its context and content) to be discussed at the upcoming Council meeting, it has to be submitted 8 days ahead of that meeting. Secondly, I think that some Councilors (myself included) would like to prevent any further drawing out of the GNSO Improvements process. I had tried to craft language that would allow those teams whose work remains ongoing - particularly the PDP work team - to complete their work without worrying about re-chartering or other interference. At the same time, and given that some of the other teams have completed their tasks, I didn't see a reason to extend the PPSC and OSC charters, and certainly not without first knowing what else remains to be done from each committee and team. Your idea to separate the two committees may well be the way to go. For now, I'm hoping that the motions will spur discussion and, hopefully, decisive but correct and appropriate steps being taken by the Council in its managerial role. I hope this clarifies. Thanks and cheers Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA Email: mary.wong@law.unh.edu Phone: 1-603-513-5143 Webpage: http://www.law.unh.edu/marywong/index.php Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
From: "Neuman, Jeff" <Jeff.Neuman@neustar.us> To: Mary Wong <Mary.Wong@law.unh.edu>, "council@gnso.icann.org" <council@gnso.icann.org> Date: 11/30/2010 10:02 PM Subject: RE: [council] Proposed amendment to OSC & PPSC motion All, I have been watching the e-mails go by and up and am not technically a member of the Council yet until this weekend when I start as an alternate for Caroline Greer and then after next week I become a permanent council member on behalf of the Registries. I would like to ask that before the Council considers a motion grouping the PPSC and OSC together that it takes the time this weekend to learn about what these groups are doing. The OSC and PPSC are in very different positions right now. As you know, the PPSC is divided into two work teams, the Working Group Work Team and the PDP Work Team. The Working Group Work Team has delivered its final report and hopefully by the time the Council meets formally next week, the Working Group Work Team will be ready to deliver that report (as modified by the PPSC) to the Council. With respect to the PDP Work Team, there is a lot more work to go. The entire PDP process, from beginning (“raising an issue”) to end (“Board approval of a PDP, review of the PDP and the PDP process, etc.) is incredibly complex. The PDP Work Team distributed a 150 page initial report prior to Brussels. Very few Councilors that I have asked have read that report. The PDP Work Team has reviewed extensive public comment and is addressing both issues that were left over and other new ones raised. We have a “draft final report” we are reviewing now, with the goal of getting that out to the community early in 2011. I cannot stress how hard some of the members of the PDP Work Team are working and how committed they are to completing their task. With respect to the PPSC, I do not see a need to for the current motions being circulated and am a little concerned that the motions are coming not from the Council Liaisons or even members of the Steering Committees that are on the Council, but rather are coming from those that may not have not been that involved in the process at all. In fact, with all due respect to the Council Liaisons, the PPSC Council Liaison has not attended a PPSC meeting in months (if at all). Come to think of it, who is the Council Liaison to the PPSC? My personal view (and not as Chair of the PPSC or even as a gTLD Registry rep) is that this motion is too premature. Lets discuss the issues raised at this meeting and worry about a motion (if one is necessary) at the next meeting. As the chair of the PPSC, I am happy to answer any questions you all have. Jeffrey J. 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From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Mary Wong Sent: Tuesday, November 30, 2010 9:44 PM To: council@gnso.icann.org Subject: [council] Proposed amendment to OSC & PPSC motion Hello everyone, In view of the additional information supplied by Julie, Liz and Philip, but considering also Wendy's and others' points relating to the workability of the current GNSO processes, I hereby propose the following amendment to Wendy's motion. Fundamentally, I believe it's time, and necessary, for the Council now to assume direct responsibility for reviewing the deliverables from the PPSC and OSC as well as the respective work teams. In this, the Council should be assisted by the Standing Committee that was supposed to have been formed some time ago. Of course, this would not preclude either the Council or the Standing Committee from consulting the teams and committees that drafted and reviewed the original language and processes; it's just that - with the amount of projects we are facing and the concerns already expressed over both the Council's role and the workability of the new GNSO rules and procedures, the seemingly-endless rounds of discussion, interpretation, delegation, referral and redrafting has to stop somewhere and that should be the Council. So, here goes - keeping the original WHEREAS clauses, I suggest the following RESOLVED clauses to the OSC and PPSC charter motion. I hope Wendy will consider it friendly. "RESOLVED, the Council acknowledges and thanks the OSC, the PPSC and the five community work teams for their hard work; and directs each steering committee and applicable work team chair to identify for the Council any remaining targets and benchmarks for their respective work by no later than 19 January 2011, with a view toward final delivery to the Council of any remaining work items so identified by no later than the San Francisco meeting. FURTHER RESOLVED, a Standing Committee to monitor implementation of GNSO Improvements shall be established no later than 19 January 2011. The Standing Committee will work with the Council to review and, if necessary, convene relevant work teams to refine and streamline, the effectiveness of GNSO Improvements on an ongoing basis." Thanks and cheers Mary Mary W S Wong Professor of Law Chair, Graduate IP Programs UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA Email: mary.wong@law.unh.edu Phone: 1-603-513-5143 Webpage: http://www.law.unh.edu/marywong/index.php Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname@law.unh.edu. For more information on the University of New Hampshire School of Law, please visit law.unh.edu <http://law.unh.edu> As of August 30, 2010, Franklin Pierce Law Center has affiliated with the University of New Hampshire and is now known as the University of New Hampshire School of Law. Please note that all email addresses have changed and now follow the convention: firstname.lastname@law.unh.edu. For more information on the University of New Hampshire School of Law, please visit law.unh.edu <http://law.unh.edu>