All,
I second this motion.
Debbie
Debra Y. Hughes l Senior
Counsel
American Red Cross
Office of the General Counsel
2025 E Street, NW
Washington, D.C. 20006
Phone: (202) 303-5356
Fax: (202) 303-0143
HughesDeb@usa.redcross.org
From:
owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina
Sent: Wednesday, September 28,
2011 1:14 PM
To: 'council@gnso.icann.org'
Subject: [council] Motion to
Approve Amended Version of Process B in Final Report on Proposals for
Improvements to RAA with regard to High and Medium Priority Topics described in
the Final Report
All,
I hereby submit for action at our October 6 meeting a motion
to approve an amended version of the process specified as Process B in the
Final Report on Proposals for Improvements to the Registrar Accreditation
Agreement ("Final Report") to develop a new form of RAA with respect
to the High and Medium Priority topics described in the Final Report. For
convenience, I attach the motion in document form and provide a redline against
a previous version of this motion that did not pass in our April 7 meeting.
-*-
Whereas, on 4 March 2009, the GNSO Council approved the form
of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a
lengthy consultative process initiated by ICANN;
Whereas, in addition to approving the 2009 RAA, on 4 March
2009 the GNSO Council convened a joint drafting team with members of the
At-Large Community, to conduct further work related to improvements to the RAA;
specifically to: (a) draft a charter identifying registrant rights and
responsibilities; and (b) develop a specific process to identify additional
potential amendments to the RAA on which further action may be desirable;
Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA
Drafting Team published its Final Report describing specific recommendations
and proposals to the GNSO Council for improvements to the RAA;
Whereas, the GNSO Council has reviewed the Final Report and,
in its resolution 20110113-2, the GNSO Council approved of the Form of
Registrant Rights and Responsibilities Charter as described in Annex D of the
Final Report and recommended that Staff commence the consultation process with
Registrars in the RAA to finalize the Registrant Rights and Responsibilities
Charter for posting on the websites of Registrars as specified in Section 3.15
of the RAA;
Whereas, a GNSO Council motion recommending that Staff adopt
the process specified as Process A in the Final Report to develop a new form of
RAA with respect to the High and Medium Priority topics described in the Final
Report did not pass;
Whereas, a previous GNSO Council motion to approve an
amended version of the process specified as Process B in the Final Report to
develop a new form of RAA with respect to the High and Medium Priority topics
described in the Final Report did not pass at the GNSO Council’s April 7,
2011 meeting;
Whereas, the GNSO Council desires to approve a further
amended version of the process specified as Process B in the Final Report to
develop a new form of RAA with respect to the High and Medium Priority topics
described in the Final Report.
NOW THEREFORE, BE IT:
RESOLVED, that the GNSO Council recommends that Staff adopt
an amended version of the process specified as Process B in the Final Report to
develop a new form of RAA with respect to the High and Medium Priority topics
described in the Final Report. As amended herein, Process B entails:
1. The GNSO Council requests that the ICANN Office of the
General Counsel review the prioritized list of topics as set forth in the Final
Report and identify any topics that would require consensus policy development
rather than RAA contract amendment. The GNSO Council requests that the Office
of the General Counsel complete and publish on the ICANN website the outcome of
such review and identification not later than seventy-five (75) days after the date
of this resolution.
2. ICANN Staff will schedule a public consultation, to be
held at the first ICANN public meeting that occurs after completion of the
review in Step 1, to provide members of the ICANN community with the
opportunity to articulate their support of and/or objection to the High and
Medium Priority topics described in the Final Report.
3. Within sixty (60) days after the public consultation
described in Step 2, negotiations begin with the Negotiating Group consisting
of ICANN Staff and the Registrar Stakeholder Group (as a whole).
4. The Negotiating Group shall provide, for public comment,
bimonthly written reports on the status and progress of the negotiations. Such
reports shall include proposed text under consideration and identify items and
text agreed upon by the Negotiating Group. Each bimonthly report shall identify
the status of (a) topics identified in the Final Report as High or Medium
Priority and that were not determined in Step 1 as requiring consensus policy
development; and (b) proposed amendments put forth by any Stakeholder Group,
Constituency, and/or Advisory Committee; and shall identify such topics, if
any, that have been rejected by the Negotiating Group (collectively, the
"Rejected Topics and Amendments").
5. The Negotiating Group shall review public comments
received and continue negotiations as necessary. Steps 4 and 5 shall repeat as
necessary; provided, however, that the full final draft of the new RAA must be
posted for public comment not later than March 4, 2013.
6. Subject to the date requirement in Step 5, ICANN Staff
and the Registrar Stakeholder Group shall determine when the full final draft
of the new RAA is ready to be posted for public comment. The full final draft
of the new RAA that is posted for public comment shall be accompanied by a
detailed written explanation, approved by both Staff and the Registrar
Stakeholder Group, that sets forth the basis for the rejection of all Rejected
Topics and Amendments.
7. The GNSO Council shall review the full final draft of the
new RAA, consider public comments, and vote on approval of the draft new RAA. A
Supermajority vote of the GNSO Council is required to approve the new RAA.
8. If the GNSO Council approves the new RAA, the new RAA
goes to Board for approval.
9. If the GNSO Council does not approve the new RAA, the new
RAA is sent back to the Negotiating Group with appropriate feedback for
reconsideration. Repeat from step 7.
RESOLVED FURTHER, that the GNSO Council recommends that this
process be initiated by ICANN immediately.
-*-
Sincerely yours,
Kristina
Kristina Rosette
Covington & Burling LLP
1201 Pennsylvania Avenue, N.W.
Washington, DC 20004-2401
voice: 202-662-5173
direct fax: 202-778-5173
main fax: 202-662-6291
e-mail: krosette@cov.com
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