Hi, This wording changes does help clarify the situation for me. thanks a. On Sun, 2009-02-22 at 12:46 -0800, Mike Rodenbaugh wrote:

Hi Avri,

Yes, that is my assumption. How about this clause to replace the one you copy below?

Whereas, the Council seeks to determine which of the proposed amendments (agreed between ICANN Staff and the Registrars Constituency) are non-contentious, and then consider next steps as to those non-contentious, proposed amendments.

Mike Rodenbaugh Rodenbaugh Law 548 Market Street San Francisco, CA 94104 www.rodenbaugh.com

-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Avri Doria Sent: Sunday, February 22, 2009 3:14 AM To: 'Council GNSO' Subject: Re: [council] Motion re RAA Amendments

Mike,

I am wondering, to what extent this is true:

...

Whereas, the Council wishes to approve the non-contentious, proposed amendments agreed between Staff and the Registrars Constituency as quickly as possible so that the ICANN Board may review them, and if approved then implement them as quickly as possible.

I do not believe we have made a decision that we "wish to approve the non-contentious ...". Would support of this motion in some sense imply that this was the case? I do not believe that the whereas statement in a motion should determine the future action of the council. If this is what the council supports after all viewpoints have been heard, then we should make such a decision specifically. It should also be noted, that I do not believe that such a decision would have any binding effect on the Board but would only serve as an advisory in their decision making unless we initiated a PDP on issues deemed within the picket fence based on the outcome of the WG and an ensuing issues report.

My assumption is that this working group, if formed, would discuss the four issues you have outlined and make a recommendation to council and that this discussion, conclusions and recommendations would be then be discussed in council. At that point, the council would need to decide what it wished to do with those recommendations.

Is that the same assumption you have?

thanks

a.