RE: [council] RAA amendment process
I made an even stronger statement, that after listening to the Cairo briefing and a more recent ALAC briefing, it seems to me that the statements at that time were that GNSO approval was the short-cut around amendment-at-renewal. Specifically, this meeting was the first time that ICANN staff made reference to RAA section 5.4. Prior to that, the only person that had mentioned it (within my hearing) was Danny Younger, and the reply from staff seemed to be that this clause only applied to renewals (which we were not talking about). And I seem to remember both Tim Ruiz and Tim Cole both saying that we want to take quick action because of the issues raised by RegisterFly - perhaps I misunderstood. I think that before the GNSO can take any further action, we need a clear primer from ICANN services and legal staff on how various aspects of the RAA can be amended: - under what conditions/processes can the RAA be amended on renewal (specifically does ICANN have any rights to unilaterally make changes); - under what conditions can the RAA be amended on the fly (within picket fence, outside, what voting thresholds for the GNSO/Board). I am sure that there are other variants as well. We need clarity on the rules of the game before we can decide on one or more paths. Alan At 13/01/2009 12:03 PM, Rosette, Kristina wrote:
As for the amendment process, I did understand that it was not a Capital-C "Consensus Policy" within the picket fence. I, however, thought that the entire point of going through the 2/3 majority vote process was to avoid the piecemeal amendment-upon-renewal process. I haven't gone back to listen to the recording of our Thursday wrap up session in Cairo, but that's the understanding I had after that presentation by Kurt.
K
I probably was unclear in my earlier statement so let me try to clarify. I understand the concerns that several have communicated with regard to process, poor communication, etc. with regard to the RAA amendments. I like you also did not properly understand how the amendments would be implemented until a day before the Council meeting; in fact, in our preparatory call for the Council meeting, I stated that it was very important that the Council be made aware of what I had just learned earlier that day and that did indeed happen in the Council call. That undoubtedly created more dissatisfaction but it is information that everyone needed. I probably looked at this issue too simplisticly: 1) As far as I could personally tell, all of the proposed amendments were better than or equal to what is in the RAA now; 2) no one provided evidence that any one of the amendments would be a problem if it was implemented; 3) therefore, in my view we would be better off approving them now so that at least some improvements would happen with less of a delay and we could proceed expeditiously on new work to deal with additional concerns as applicable, including those that relate to some changes that didn't go far enough for some. Now we have further delays for changes for which it seemed to me we had no direct disagreement, but instead were mostly dissatisfied with the process. Oh well, we are where we are. I thought if would have been good to be a little further along. Maybe there are a few of the proposed amendments that are non-policy related that Staff can implement without GNSO action. Chuck
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Alan Greenberg Sent: Tuesday, January 13, 2009 1:58 PM To: Council GNSO Subject: RE: [council] RAA amendment process
I made an even stronger statement, that after listening to the Cairo briefing and a more recent ALAC briefing, it seems to me that the statements at that time were that GNSO approval was the short-cut around amendment-at-renewal. Specifically, this meeting was the first time that ICANN staff made reference to RAA section 5.4. Prior to that, the only person that had mentioned it (within my hearing) was Danny Younger, and the reply from staff seemed to be that this clause only applied to renewals (which we were not talking about). And I seem to remember both Tim Ruiz and Tim Cole both saying that we want to take quick action because of the issues raised by RegisterFly - perhaps I misunderstood.
I think that before the GNSO can take any further action, we need a clear primer from ICANN services and legal staff on how various aspects of the RAA can be amended: - under what conditions/processes can the RAA be amended on renewal (specifically does ICANN have any rights to unilaterally make changes); - under what conditions can the RAA be amended on the fly (within picket fence, outside, what voting thresholds for the GNSO/Board). I am sure that there are other variants as well.
We need clarity on the rules of the game before we can decide on one or more paths.
Alan
At 13/01/2009 12:03 PM, Rosette, Kristina wrote:
As for the amendment process, I did understand that it was not a Capital-C "Consensus Policy" within the picket fence. I, however, thought that the entire point of going through the 2/3 majority vote process was to avoid the piecemeal amendment-upon-renewal process. I haven't gone back to listen to the recording of our Thursday wrap up session in Cairo, but that's the understanding I had after that presentation by Kurt.
K
As for #2, please see the IPC and INTA Comments on the RAA Amendments, which are accessible at http://forum.icann.org/lists/raa-consultation/msg00066.html and http://forum.icann.org/lists/raa-consultation/msg00068.html, respectively. -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Gomes, Chuck Sent: Tuesday, January 13, 2009 7:30 PM To: Alan Greenberg; Council GNSO Subject: RE: [council] RAA amendment process I probably was unclear in my earlier statement so let me try to clarify. I understand the concerns that several have communicated with regard to process, poor communication, etc. with regard to the RAA amendments. I like you also did not properly understand how the amendments would be implemented until a day before the Council meeting; in fact, in our preparatory call for the Council meeting, I stated that it was very important that the Council be made aware of what I had just learned earlier that day and that did indeed happen in the Council call. That undoubtedly created more dissatisfaction but it is information that everyone needed. I probably looked at this issue too simplisticly: 1) As far as I could personally tell, all of the proposed amendments were better than or equal to what is in the RAA now; 2) no one provided evidence that any one of the amendments would be a problem if it was implemented; 3) therefore, in my view we would be better off approving them now so that at least some improvements would happen with less of a delay and we could proceed expeditiously on new work to deal with additional concerns as applicable, including those that relate to some changes that didn't go far enough for some. Now we have further delays for changes for which it seemed to me we had no direct disagreement, but instead were mostly dissatisfied with the process. Oh well, we are where we are. I thought if would have been good to be a little further along. Maybe there are a few of the proposed amendments that are non-policy related that Staff can implement without GNSO action. Chuck
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Alan Greenberg Sent: Tuesday, January 13, 2009 1:58 PM To: Council GNSO Subject: RE: [council] RAA amendment process
I made an even stronger statement, that after listening to the Cairo briefing and a more recent ALAC briefing, it seems to me that the statements at that time were that GNSO approval was the short-cut around amendment-at-renewal. Specifically, this meeting was the first time that ICANN staff made reference to RAA section 5.4. Prior to that, the only person that had mentioned it (within my hearing) was Danny Younger, and the reply from
staff seemed to be that this clause only applied to renewals (which we
were not talking about). And I seem to remember both Tim Ruiz and Tim Cole both saying that we want to take quick action because of the issues raised by RegisterFly - perhaps I misunderstood.
I think that before the GNSO can take any further action, we need a clear primer from ICANN services and legal staff on how various aspects of the RAA can be amended: - under what conditions/processes can the RAA be amended on renewal (specifically does ICANN have any rights to unilaterally make changes); - under what conditions can the RAA be amended on the fly (within picket fence, outside, what voting thresholds for the GNSO/Board). I am sure that there are other variants as well.
We need clarity on the rules of the game before we can decide on one or more paths.
Alan
At 13/01/2009 12:03 PM, Rosette, Kristina wrote:
As for the amendment process, I did understand that it was not a Capital-C "Consensus Policy" within the picket fence. I, however, thought that the entire point of going through the 2/3 majority vote process was to avoid the piecemeal amendment-upon-renewal process. I haven't gone back to listen to the recording of our Thursday wrap up session in Cairo, but that's the understanding I had after that presentation by Kurt.
K
participants (3)
-
Alan Greenberg -
Gomes, Chuck -
Rosette, Kristina