Jeff, for the record, Kristina speaks for the IPC and our entire constituency stands behind her comments. Kind regards, Cyril Chua Partner IP & Technology Group -------- Alban Tay Mahtani & de Silva LLP 39 Robinson Road #07-01, Robinson Point, Singapore 068911 Tel: (65) 6534 5266 / Fax: (65) 6223 8762 / DID: (65) 6428 9812 http://www.atmdlaw.com.sg -------- ALBAN TAY MAHTANI & DE SILVA LLP < This message (including attachments) contains privileged and confidential information. If you are not the intended recipient, you are not to take any action in reliance on it nor to disseminate, distribute, publish or copy this message. If you have received this message in error, please accept our apologies, delete all copies from your system and notify us at mail@atmdlaw.com.sg. Unless it relates to the official business of ATMD, any opinions or matters expressed in this message are those of the individual sender. > ----- Original Message ----- From: "Rosette, Kristina" [krosette@cov.com] Sent: 04/02/2008 10:28 AM AST To: "Neuman, Jeff" <Jeff.Neuman@neustar.us>; "Avri Doria" <avri@acm.org>; <gnso-dt-wg@icann.org> Cc: "Council GNSO" <council@gnso.icann.org> Subject: [council] RE: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting As you know, Jeff, I specifically focused on the individual comments. I did not raise *at all* the private sector comments. Call participants reacted to those individual comments by either stating something to the effect of "oh, it's just the same persons commenting over and over again" and "they don't really get how the AGP has all these legitimate uses that the registrars [included in their PowerPoint]". That dismissive attitude was and is the basis for my comment. -----Original Message----- From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Wednesday, April 02, 2008 10:19 AM To: Rosette, Kristina; Avri Doria; gnso-dt-wg@icann.org Cc: Council GNSO Subject: RE: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting It is no surprise you believe the comments were not given the consideration warranted since (i) you wrote some of them (or they were copies of what you wrote) and (ii) the motion does not reflect those comments. Let me state for the record, I do believe the comments were given due consideration not just yesterday, but in the months of this flawed process. Even before the motion was crafted, it was discussed whether he AGP should be eliminated. Registries and Registrars believed it should not and provided evidence as to the necessity of the AGP. This was discussed also in Dehli over and for the past year before that (even during the informational gathering stage). The comments asking for elimination of the AGP from you, INTA (which you wrote), the large companies (who are all members of INTA), just reiterate subjects already discussed. And yes, this was raised by certain members of the GA, but again, this was discussed. Sorry to be so blunt, but I do not want the Council or to the GA, to be left with what I personally believe is the wrong impression. Jeffrey J. Neuman, Esq. Sr. Director, Law, Advanced Services & Business Development NeuStar, Inc. e-mail: Jeff.Neuman@Neustar.us -----Original Message----- From: owner-gnso-dt-wg@icann.org [mailto:owner-gnso-dt-wg@icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, April 02, 2008 9:58 AM To: Avri Doria; gnso-dt-wg@icann.org Cc: Council GNSO Subject: RE: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting We didn't talk about providing a summary, but here's my take on it: It is accurate to say that there was support for not changing the motion. (I did not agree on several points, but ultimately decided that it was necessary to agree to disagree given my singular status on these points.) Only comments raised by participants were discussed. There was no systematic effort to track the public comment summary provided by staff. Comments that Council should define or delineate "exceptional circumstances" and "regularly" or should instruct Staff to do so in implementation were not acted upon on the ground that doing so would cause delay in action on motion and that review period could be relied upon to disclose abuses. Comments that "exceptional circumstances" information should be publicly disclosed were not acted upon on the ground that that information is the business of only the relevant registry, registrar, and ICANN staff, and that review period can be relied upon to disclose abuses. Comments that a timeframe for implementation should be added were not acted upon on the ground that implementation is beyond scope. There was general agreement that implementation should occur in a reasonable time. Extensive discussion about whether Council should include in motion provision regarding budget mechanism. General agreement that should be included in motion, but follow on motion may be appropriate. As best I could determine, I was the only who supported budget mechanism in addition to policy. Out of concern that the team would later be accused of ignoring public comment, I started a discussion on the fact that a number of comments had called for elimination of the AGP or indicated that elimination was the preferred mechanism. My personal view is that these comments were not given the consideration they warrant. -----Original Message----- From: owner-gnso-dt-wg@icann.org [mailto:owner-gnso-dt-wg@icann.org] On Behalf Of Avri Doria Sent: Wednesday, April 02, 2008 9:01 AM To: gnso-dt-wg@icann.org Cc: Council GNSO Subject: Re: [gnso-dt-wg] FW: Summary of public comments on a draft GNSO Council resolution to curb domain tasting Hi, I am wondering whether the DT is going to go through all the comments and include an initial response to them in their report to the council or whether the council itself will approach then raw at the council meeting. I am fine either way, though I think having the DT do the first pass a responding to all comments will facilitate the work and give a better perspective. I want to make sure that in our deliberations we cover all of the possibilities and issues mentioned in the public comments, including those that are not direct comments on the motion before the council or the proposals before the Registry Services Evaluation Process. I.e. we should discuss not only modification to the AGP but must make sure we cover in our discussions the proposal to eliminate the AGP. We also need to make sure we understand the implications of the current motion on the proposal before the Registry Services Evaluation Process and the Board resolution (2008.01.04) to investigate using ICANN's budgetary process to control DT through the introduction of fees . thanks a.