Dear All,
As a reminder, the deadline for review and input was extended to 13 January. To facilitate your review, we’ve gone ahead and applied Anne’s proposed edits (see below) to the version
attached. If no further input is received that requires discussion, we’ll go ahead and post this updated version on the GNSO Procedures web page (see
https://gnso.icann.org/en/council/procedures).
Best regards,
Marika
From:
"Aikman-Scalese, Anne" <AAikman@lewisroca.com>
Date: Thursday, 1 December 2022 at 21:47
To: Marika Konings <marika.konings@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org>
Subject: RE: PDP Improvements #4 and #6 - updated GNSO Charter Template for your review
Thanks Marika. I’m fine with the change in the template that asks for specific identification of whether or not a Board liaison should be appointed to the WG and whether or not a GDS liaison should be appointed.
Regarding the identification of the impact on existing policies, and as previously expressed in our meeting on this specific topic, it is not workable to require the WG to identify all existing consensus policies that
will be affected by its work. In this regard, the draft language referring to “such as” is very problematic.
These are volunteers and the responsibility for identifying ICANN consensus policies that may be affected by the work of the Working Group should rest with staff initially in the Charter and then on an ongoing basis should
rest with the ICANN Global Domains liaison. The language that has been drafted is far too broad and puts the onus on the WG and its Chairs, who, again, are not being paid to conduct this work and are not the experts on all existing consensus policies.
I believe that when I raised this in our meeting, Kurt Pritz also expressed some concern for the possible implications. The drafting would have to be significantly revised to reflect this concern. Here is the redline
for full consideration by all Councilors, followed by a “purple line” showing my suggested revisions:
, the WG is expected to consider the potential impact of any recommendations it may put forward on existing policies such as [TO BE COMPLETED BY CHARTER DRAFTING
TEAM: indicate if specific policies are expected to be impacted – see list of existing consensus policies here
https://www.icann.org/resources/pages/registrars/consensus-policies-en]. If an impact is identified, the WG is expected to be explicit in its recommendations about how this impact is expected
to be addressed, to facilitate the subsequent implementation process. Note that any GDS Liaison to the WG is also tasked to prepare and provide analysis of the impact of policy recommendations on existing policies, as needed.
Below are my recommended revisions to the draft text:
the WG is expected to consider the potential impact of any recommendations it may put forward on existing policies
that are identified in this Working Group Charter and/or raised during the course of WG deliberations by ICANN Staff or the GDS Liaison [TO
BE COMPLETED BY CHARTER DRAFTING TEAM: indicate if specific policies are expected to be impacted – see list of existing consensus policies here
https://www.icann.org/resources/pages/registrars/consensus-policies-en]. If an impact is identified, the WG is expected to be explicit in its recommendations about how this impact
might be addressed
by the Council or an IRT,
in order to facilitate the subsequent implementation process. Note that any GDS Liaison to the WG is also tasked to prepare and provide
timely analysis of the
potential impact of policy recommendations on existing policies, as needed
during the course of WG deliberations.
In the event that the GDS liaison or the WG Chairs perceive a need for amendment of the Charter of the Working Group to address specific aspects of existing consensus policy, this concern will be promptly raised
with the Council liaison to the WG for discussion at the Council level.
|
Anne E. Aikman-Scalese |
|
Of Counsel |
|
|
|
D. 520.629.4428 |
|
|
From: council <council-bounces@gnso.icann.org>
On Behalf Of Marika Konings via council
Sent: Thursday, December 1, 2022 4:01 AM
To: council@gnso.icann.org
Subject: [council] PDP Improvements #4 and #6 - updated GNSO Charter Template for your review
[EXTERNAL]
Dear All,
In line with the proposed next steps for PDP improvements #4 and #6 (see
https://community.icann.org/x/e4OLD), the staff support team has gone ahead and included proposed additions to the GNSO Charter template – see sections II and IV. You can review these in redline format in the
attached document.
If you have any suggestions or concerns about these proposed additions, please share these with the Council mailing list by 23 December at the latest. Depending on the feedback received, we’ll either plan for further
review/discussion or post the updated version on the GNSO Procedures web-site.
Best regards,
Marika