Thanks Kurt and the SubPro team. I agree with Kurt that the letter is too long. I’m concerned that it will slow down the Board’s consideration of the SubPro outputs. Also, I don’t believe there is time to independently verify some of the factual claims. I think it is fine that the substance come from the Small Team. But Council’s but the message to the Board should be to encourage a yes vote and the establishment of an IRT to figure out the best path forward, including a detailed analysis of the ODA. Along those lines, I have split the letter up (see attached) – one chunk from Seb speaking for Council and one chunk from the Small Team speaking for the Small Team. As for Kurt’s rewrite, while I very much appreciate the effort and agree that if we had more time a briefer document would make sense, I don’t know that we all have sufficient time to review Kurt’s new document before the Council call tomorrow. I hope this email and the attachment are helpful to other Council members to prepare for tomorrow’s call. Always happy to field questions on the list. Best, Paul [https://taftlawpr.blob.core.windows.net/taft/files/fileuploads/639b39ddc4a0e0002ff29bfc/Taft%20Logo%20-%20Signature%20Block.png]<https://taftlawpr.blob.core.windows.net/taft/files/fileuploads/639b39ddc4a0e0002ff29bfc/Taft%20Logo%20-%20Signature%20Block.png> Paul D. McGrady, Jr. Partner PMcGrady@taftlaw.com<mailto:PMcGrady@taftlaw.com> Dir: 312.836.4094 | Cell: 312.882.5020 Tel: 312.527.4000 | Fax: 312.754.2354 111 E. 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From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Susan Payne via council Sent: Wednesday, January 18, 2023 11:56 AM To: kurt kjpritz.com <kurt@kjpritz.com<mailto:kurt@kjpritz.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [council] Prompt review please: draft input to Board on SubPro ODA Thanks for your thoughtful review Kurt, which we are digesting Susan PayneHead of Legal PolicyCom LaudeT +44 (0) 20 7421 8250Ext 255From: kurt kjpritz.com <kurt@kjpritz.com<mailto:kurt@kjpritz.com>>Sent: 17 January 2023 23:22To: Susan Payne <susan.payne@comlaude.com<mailto:susan.payne@comlaude.com>>Cc: GNSO Council List < [https://alert-dg01.redatatech.com/onprem_security_warning_fetch?r=1&dep=Y6N7f2cIALAzEqBZraGYUQ%3D%3Dcw3EvNRNER65Lz3NbCxII7hMlbL6t%2FPR5mWg54U4ZCf40qLbDXMA8c0rlH4Xi2Mpxwr9rIkTJH2vk5nY2hhgFFgs%2FTx4KFJ3s8oOBLGBtr%2BYgIgxTxC%2BGLMK28rHWjmXpMROhyYKxo5%2BJz9WFYc56BIN2QAUuVOtqAmjVkzxpw2ca%2BBVJxUIDbvzfYJphbxc%2FgXdG6ipb6hsTzS2npyABqGwMI5ki4id2IH8cOYzyMa0tHZFBKn4joIz%2BJYucwiXmJD%2B50DcgXP9tAikglFZ01JA%2BX8MGqEvgeGwRXW%2F%2F8eyUVnE%2BZ%2BqvW%2B%2BJCPMAVThEyi9EvxzmJnHDs5N29jqzvqyb7LCTtQU4Nnbn%2B417yLeZwt113uYjy3gTRevwvoQC5ynOIhla3whZKP8IgthodnZv3EyAXIBhjJT1wpCidjjnnMgAaD5G9vthKCd9vQjxz%2BexWwhT3cAzS4%2BSTJGcFavRbws0BHpHYdVN2TICMQ1mk7aCRBr3YX3e7wbAnMSBeqvPbjQeA09poYTNZyaM%2BbJ8RPqwpQ0yWqm0Inr8aa6ryP9gZhbE5qrZG7wQsz2mdn4jcunBaiiwONG%2FluMxq3kAsDQEoSObtiFNCRGUF9I2xAlvgKBZZr8iif4QCNRl3p0HlwQtS6EOF03i8Y3KNPrOWxcy02p1Xh0QUOWZ7pmfp8gzoY%2Bmn6Pig21twbCS5%2Fca0pAox5ojH5%2BF7I08Q%3D%3D]<https://us.report.cybergraph.mimecast.com/alert-details/?dep=Y6N7f2cIALAzEqBZraGYUQ%3D%3Dcw3EvNRNER65Lz3NbCxII7hMlbL6t%2FPR5mWg54U4ZCf40qLbDXMA8c0rlH4Xi2Mpxwr9rIkTJH2vk5nY2hhgFFgs%2FTx4KFJ3s8oOBLGBtr%2BYgIgxTxC%2BGLMK28rHWjmXpMROhyYKxo5%2BJz9WFYc56BIN2QAUuVOtqAmjVkzxpw2ca%2BBVJxUIDbvzfYJphbxc%2FgXdG6ipb6hsTzS2npyABqGwMI5ki4id2IH8cOYzyMa0tHZFBKn4joIz%2BJYucwiXmJD%2B50DcgXP9tAikglFZ01JA%2BX8MGqEvgeGwRXW%2F%2F8eyUVnE%2BZ%2BqvW%2B%2BJCPMAVThEyi9EvxzmJnHDs5N29jqzvqyb7LCTtQU4Nnbn%2B417yLeZwt113uYjy3gTRevwvoQC5ynOIhla3whZKP8IgthodnZv3EyAXIBhjJT1wpCidjjnnMgAaD5G9vthKCd9vQjxz%2BexWwhT3cAzS4%2BSTJGcFavRbws0BHpHYdVN2TICMQ1mk7aCRBr3YX3e7wbAnMSBeqvPbjQeA09poYTNZyaM%2BbJ8RPqwpQ0yWqm0Inr8aa6ryP9gZhbE5qrZG7wQsz2mdn4jcunBaiiwONG%2FluMxq3kAsDQEoSObtiFNCRGUF9I2xAlvgKBZZr8iif4QCNRl3p0HlwQtS6EOF03i8Y3KNPrOWxcy02p1Xh0QUOWZ7pmfp8gzoY%2Bmn6Pig21twbCS5%2Fca0pAox5ojH5%2BF7I08Q%3D%3D> Thanks for your thoughtful review Kurt, which we are digesting Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png@01D92B4B.A92EABD0]<https://comlaude.com/> From: kurt kjpritz.com <kurt@kjpritz.com<mailto:kurt@kjpritz.com>> Sent: 17 January 2023 23:22 To: Susan Payne <susan.payne@comlaude.com<mailto:susan.payne@comlaude.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [council] Prompt review please: draft input to Board on SubPro ODA Hi Susan: Thank you for this work. I read the draft. I found the analysis, thought and rationale to be excellent, and (having been on your side of the writing table) can understand the amount of work done in a short period of time. However, I think it is too long (Board members will not read it but rather rely on a staff summary), somewhat repetitive (I get the idea of a high-level cover letter and a detailed appendix, but the cover letter is too detailed and much of the material is repeated), and find it overly defensive of the SubPro report (which is not necessary in order to make our points). I know it is somewhat unfair for me to make theses observations when you and the others have done all this work without offering more. With that in mind, I have reorganised the report, attempting ameliorate the issues I listed above and focus on our key observations (primarily that the ODA legitimate concerns are implementation issues so let’s approve the final report and get on with the IRT). I sought to keep all the salient points and rationale while adding no new or differing ideas. I hope your and your team members find this helpful in some way and that youunderstand the constructive way in which it was intended. I’d be pleased to explain or discuss any of the amended writing. Feel free to use any, all, or none of the attached. Sincerely, Kurt On 14 Jan 2023, at 9:11 am, Susan Payne via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: Hi all Please find attached for review the draft input to the Board on the SubPro ODA, prepared by the Council small team. As we discussed during the SPS, the intent is to provide initial comments to the Board as it goes into its workshop next week, during which there will be a day devoted to discussion of SubPro and the ODA, probably on 22 January. With the holiday period, the small team have only had a short time to pull this together. There will be an opportunity to discuss and ask questions during our Council call on 19 January but could I please urge you to try to review the draft and send feedback over the mailing list in advance if at all possible. For the Board to have time to consider our input during their discussion next week, it needs to be sent promptly after our GNSO Council meeting. This does not preclude Council from providing further input subsequently, as we see fit. Huge thanks go to Steve for all his assistance. Susan Susan Payne Head of Legal Policy <image001.png><https://comlaude.com/> 28-30 Little Russell Street, London WC1A 2HN, UK T +44 (0) 20 7421 8250 Ext 255 comlaude.com<http://comlaude.com/> <image002.png><https://www.linkedin.com/company/com-laude> <image003.png><https://twitter.com/comlaude?lang=en> <image004.png><https://www.facebook.com/ComLaude/> <image005.jpg> ________________________________ The contents of this email and any attachments are confidential to the intended recipient. 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