I assume then that there will be general agreement that the Board should not reach any decision based upon the Staff Recommendation alone. That conclusion, if agreed by the GNSO (which I suppose should be the topic during the call) should be conveyed to the Board asap. Lucy -----Original Message----- From: marc@voo.doo.net [mailto:marc@voo.doo.net]On Behalf Of ext Marc Schneiders Sent: Thursday, November 18, 2004 9:49 AM To: Nichols Lucy (Nokia/Dallas) Cc: marilynscade@hotmail.com; Bruce.Tonkin@melbourneit.com.au; council@gnso.icann.org Subject: RE: [council] Draft Agenda for Council meeting Thursday 18 Nov 2004 Lucy, I am not sure it is a good idea to let the Board make a decision without involving the GNSO... That is certainly not what I had in mind. Regards, Marc On Thu, 18 Nov 2004, at 14:44 [=GMT+0200], Lucy.Nichols@nokia.com wrote:

Marc-

I agree ...no final decision should be made on this issue.

The IPC's primary concern is that the ICANN Staff and President will be making a recommendation regarding WIPO II and that the Board could make a decision based upon that recommendation prior to our knowing/discussing the recommendation. Certainly, we need to have some idea of where the Staff/President are generally coming out on this and more specifically the nature of their recommendation --- particularly since no consensus has been reached on this issue.

Regards,

Lucy

-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of ext Marc Schneiders Sent: Wednesday, November 17, 2004 11:10 AM To: Marilyn Cade Cc: 'Bruce Tonkin'; council@gnso.icann.org Subject: RE: [council] Draft Agenda for Council meeting Thursday 18 Nov 2004

This is a pretty serious topic, I agree, as another elected rep. I do not mind at all that we discuss this tomorrow. I would oppose though any attempt to rush anything through tomorrow. Be it dismissing the whole WIPO II request (which my constituency wouldn't mind as such) or taking some position. We need serious discussion about this topic, which cannot be accomplished in one teleconference as such short notice. I suggest we discuss WIPO II on this list before we make _any_ decision. Thanks.

Marc Schneiders

On Tue, 16 Nov 2004, at 19:52 [=GMT-0500], Marilyn Cade wrote:

...

Dear Bruce, As an elected rep to the BC on Council, I support the request for information and offer the following thought:

The working group on WIPO II did not achieve consensus. Changes in policy by ICANN require consensus In the BC, we have received inquiries from our members, regarding the action of the ICANN regarding this issue.

I want to support raisign this issue in Council to a priority level, and noting to the Board and staff that there is no support to make changes, given that there is no consensus in the working group.

I welcome the opportunity to discuss this within Council and will be on Thursday's call. I have to leave at 3:30 EST, so ask that this issue be raised between 2 and 3:00 p.m. so that I can help to address it.

Best regards,

Marilyn