Dear Fellow Councilors As I have reviewed the status of the work of Council related to policy, and also to the guidance that Council gave to the Board in Vancouver: "That the ICANN Board should postpone adoption of the proposed settlement while the Council fully investigates the policy issues raised by the proposed changes", it occurs to me that Council should request a discussion directly with the Board in the next two weeks. Thus, I have drafted a short letter from the Council to the Board, requesting a discussion between Council and Board on the concerns that Council has about the Board approving the present form of the .com agreements, while there is still no guidance on the policy issues that are inherent in those agreements, and which must be considered for their applicability to all gTLD registry agreements. The comment period on a new version of a settlement/award agreement was opened on Jan 29, 2006. The 21 day public comment period will end then on Feb. 19, as best I can do the math. This is clearly too early for Council to have developed even draft policy on the general topics of concern in gTLD registries, but which also implicates the existing agreements that are in any stage of consideration by the Board or the community. Thus I recommend that Council send the following to the Board and CEO/President. This should also be posted as part of the public comment process. The purpose of the communication is to request a Council-Board discussion before the close of the public comment period. I have provided some explanatory language of the status of the work underway in [ ] in the even that fellow Councilors want to include a status update. However, the letter can be very brief and merely request the meeting/conf. call, if preferred by just omitting all the language in [ ]. DRAFT ---------------------------------------------------------------------------- ----------------------------------------: Dear Vint (with copy to Paul, Kurt, John, and all Board members) The gNSO Council reminds the ICANN CEO and Board of the resolution sent to the Board during the Vancouver ICANN meeting, and requests a conference call between the Board and the Council to discuss continuing concerns. We ask that the call take place before the conclusion of the public comment period on the proposed .com Registry Agreements and in sufficient time for the Board to take into consideration the discussion with the Council. The Vancouver Council resolution reads: "That the ICANN Board should postpone adoption of the proposed settlement while the Council fully investigates the policy issues raised by the proposed changes" [The gNSO Council is advancing that investigation. At its January 17, 2006 meeting, the Council further discussed the areas of policy concern, and voted to request an Issues Report related to the policy concerns raised in the constituency statements. Subsequently, on January 29, 2006, a revised set of documents were posted by ICANN, including a newly revised Proposed .COM Registry Agreement. At present, the Council is discussing with Policy Staff, and the General Counsel, various ways to address the policy areas that have been raised by the constituencies and the community that are of concern to gTLD registry agreements, including those in present discussion within ICANN or posted for public comment. The discussions with Policy staff and General Counsel are ongoing at this time.] In parallel, and not subject to the outcome of that discussion, the GNSO Council requests a conference call or meeting with the Board and CEO/President to discuss the gNSO Council's continuing concerns and views. Sincerely Transmitted on behalf of the GNSO Council