Hi Ayden Yes, I did mean these are now submitted for Council’s consideration. Thanks for picking this up and clarifying. Donna From: Ayden Férdeline [mailto:icann@ferdeline.com] Sent: Saturday, January 20, 2018 7:30 AM To: Austin, Donna <Donna.Austin@team.neustar>; council@gnso.icann.org Subject: [EXTERNAL] Re: [council] Draft GNSO Council comments on Operating Standards for Specific Reviews Hi Donna, You wrote that these are "not" submitted for Council’s consideration. Apologies to focus on semantics but did you mean they are "now" submitted for Council’s consideration? Thank you for clarifying. Kind regards, Ayden Férdeline Sent from ProtonMail Mobile On Fri, Jan 19, 2018 at 22:36, Austin, Donna via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: All Please find attached draft GNSO Council comments on Operating Standards for Specific Reviews. These comments have been drafted by Susan Kawaguchi, Darcy Southwell and myself and are not submitted to Council for consideration. I think the comments are in really good shape with one exception: 3.15 that addresses removal of review team members. So it would be appreciated if folks could pay particular attention to that section. The aim is to have the comments approved during our Council meeting on 30 January, in order to submit the comments by the deadline of 2 February. https://www.icann.org/public-comments/reviews-standards-2017-10-17-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_reviews-2Dstandards-2D2017-2D10-2D17-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=CwipU91YB6EkpFXK9ynnT_QUef4yC5p7jpsDm8cU97g&m=bcLuITOVTGBuaYsSRI2Eq7Al1XCPVvdz6FutoieBpx4&s=0wGvRgxYN9O3SL5FaJgw2AKpoo5wnXJeu_SrxDmRDhE&e=> https://www.icann.org/en/system/files/files/draft-operating-standards-specific-reviews-17oct17-en.pdf<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_draft-2Doperating-2Dstandards-2Dspecific-2Dreviews-2D17oct17-2Den.pdf&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=CwipU91YB6EkpFXK9ynnT_QUef4yC5p7jpsDm8cU97g&m=bcLuITOVTGBuaYsSRI2Eq7Al1XCPVvdz6FutoieBpx4&s=JJcJYcganvN_HBkvJy3yQBwHTOZ90KYTdPeKBSZA_L4&e=> Look forward to your input. Thanks Donna Donna Austin Neustar, Inc. / Senior Policy Manager, Registry Solutions Mobile: +1 310 890 9655 donna.austin@team.neustar<mailto:donna.austin@team.neustar> / Website: home.neustar <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.home.neustar_&d=DwMG...> Follow Neustar: LinkedIn <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_company...> / Twitter<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.twitter.com_neustar&...> Reduce your environmental footprint. Print only if necessary. ________________________________ The information contained in this email message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this email message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.

With thanks to Donna, Darcy and Susan for carrying the drafting on Council comments on Operating Standards for Specific Reviews. To avoid the risk of creating multiple new versions with comments, I'll note my few typographical points here - 2.1 General comments, delete the " at the end of page 1 para ending: at the end of the 12-month period." ? - 2.4 Call for Volunteers, final sentence, change 'considered by all SO/AC' to 'considered by all SO/ACs'? - for consistency throughout, all references to SO/AC Leaders should capitalise 'Leaders' (correction to be made in para 2 of 2.5 Eligibility Criteria and 2.6 Review Team Selection Process) - 2.6 Review Team Selection process, 'This will allow for diversity *in * both....' Paul and I will refer back to the IPC for any further inputs, and will have those to the list as soon as possible. Best wishes, Heather On Sun, Jan 21, 2018 at 11:18 PM, Ayden Férdeline <icann@ferdeline.com> wrote:

Dear Darcy, Donna, and Susan-

Thank you for drafting these comments on behalf of the Council.

Regarding the highlighted text under 3.15, I do not come with answers, but just wanted to interject to say that from what I understand, the nature of the decisions made by the Ombudsperson are non-binding. I believe the community has to respond to inquires from the Ombudsperson but the community is not (and should not be) obliged to comply with the decisions of the Ombudsperson. But I might be mistaken. I'm not sure what the case is for complaints filled with ICANN's Complaints Officer, but I would be very surprised to hear that they could be more consequential.

Best wishes,

Ayden Férdeline linkedin.com/in/ferdeline <http://www.linkedin.com/in/ferdeline>

-------- Original Message -------- On 20 January 2018 5:28 PM, Austin, Donna <Donna.Austin@team.neustar> wrote:

Hi Ayden

Yes, I did mean these are now submitted for Council’s consideration.

Thanks for picking this up and clarifying.

Donna

*From:* Ayden Férdeline [mailto:icann@ferdeline.com] *Sent:* Saturday, January 20, 2018 7:30 AM *To:* Austin, Donna <Donna.Austin@team.neustar>; council@gnso.icann.org *Subject:* [EXTERNAL] Re: [council] Draft GNSO Council comments on Operating Standards for Specific Reviews

Hi Donna,

You wrote that these are "not" submitted for Council’s consideration. Apologies to focus on semantics but did you mean they are "now" submitted for Council’s consideration?

Thank you for clarifying.

Kind regards,

Ayden Férdeline

Sent from ProtonMail Mobile

On Fri, Jan 19, 2018 at 22:36, Austin, Donna via council < council@gnso.icann.org> wrote:

All

Please find attached draft GNSO Council comments on Operating Standards for Specific Reviews. These comments have been drafted by Susan Kawaguchi, Darcy Southwell and myself and are not submitted to Council for consideration.

I think the comments are in really good shape with one exception: 3.15 that addresses removal of review team members. So it would be appreciated if folks could pay particular attention to that section.

The aim is to have the comments approved during our Council meeting on 30 January, in order to submit the comments by the deadline of 2 February.

https://www.icann.org/public-comments/reviews-standards-2017-10-17-en <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2D...>

https://www.icann.org/en/system/files/files/draft- operating-standards-specific-reviews-17oct17-en.pdf <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system...>

Look forward to your input.

Thanks

Donna

*Donna Austin Neustar, Inc. */ Senior Policy Manager, Registry Solutions *Mobile: *+1 310 890 9655 <(310)%20890-9655> *donna.austin@team.neustar <donna.austin@team.neustar>* / *Website:* home.neustar <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.home.neustar_&d=DwMG...>

*Follow Neustar:* LinkedIn <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_company...> */* Twitter <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.twitter.com_neustar&...> Reduce your environmental footprint. Print only if necessary. ------------------------------

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Hi Rafik and Ayden The intent of including the Ombudsman and Complaints Officer is to recognize that they are options available to anyone, regardless of what the substance of the complaint or concern relates to. RT members who have concerns should not be restricted to a specific path and while I accept that the mandate of the Ombudsman and Complaints Officer may have not be consequential I would hope that they could provide a ‘safe option’ for anyone to discuss concerns and understand possible options for resolution. Rafik, to your point: I am trying to understand the intent of that paragraph, are we talking about possible escalation flow but not proposing a specific one? I mean we listed possible persons to whom concerns from RT members can be reported. As I mentioned in the covering email, I found it difficult to provide a concrete path for treatment of complaints, particularly as it relates to complaints about the Chair/s. The document prepared by staff for comment suggested a removal process that call for a straight vote of all members without any due consideration of the facts and we felt this was unfair. You’ll see that I’ve highlighted in yellow an open question about what happens next and I’m hoping that we can come up with some ideas that might be helpful to the discussion. Donna From: Rafik Dammak [mailto:rafik.dammak@gmail.com] Sent: Monday, January 22, 2018 1:51 AM To: Ayden Férdeline <icann@ferdeline.com> Cc: Austin, Donna <Donna.Austin@team.neustar>; council@gnso.icann.org Subject: Re: [council] [EXTERNAL] Re: Draft GNSO Council comments on Operating Standards for Specific Reviews Hi, thanks to Ayden for the comment, I thought complaints officer remit is to cover complaints related to "ICANN organization" and so I am not sure that s/he is the right person/office to handle such cases. I am trying o understand the intent of that paragraph, are we talking about possible escalation flow but not proposing a specific one? I mean we listed possible persons to whom concerns from RT members can be reported. Best, Rafik 2018-01-21 21:18 GMT+09:00 Ayden Férdeline <icann@ferdeline.com<mailto:icann@ferdeline.com>>: Dear Darcy, Donna, and Susan- Thank you for drafting these comments on behalf of the Council. Regarding the highlighted text under 3.15, I do not come with answers, but just wanted to interject to say that from what I understand, the nature of the decisions made by the Ombudsperson are non-binding. I believe the community has to respond to inquires from the Ombudsperson but the community is not (and should not be) obliged to comply with the decisions of the Ombudsperson. But I might be mistaken. I'm not sure what the case is for complaints filled with ICANN's Complaints Officer, but I would be very surprised to hear that they could be more consequential. Best wishes, Ayden Férdeline linkedin.com/in/ferdeline<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_in_ferd...> -------- Original Message -------- On 20 January 2018 5:28 PM, Austin, Donna <Donna.Austin@team.neustar<mailto:Donna.Austin@team.neustar>> wrote: Hi Ayden Yes, I did mean these are now submitted for Council’s consideration. Thanks for picking this up and clarifying. Donna From: Ayden Férdeline [mailto:icann@ferdeline.com<mailto:icann@ferdeline.com>] Sent: Saturday, January 20, 2018 7:30 AM To: Austin, Donna <Donna.Austin@team.neustar<mailto:Donna.Austin@team.neustar>>; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: [EXTERNAL] Re: [council] Draft GNSO Council comments on Operating Standards for Specific Reviews Hi Donna, You wrote that these are "not" submitted for Council’s consideration. Apologies to focus on semantics but did you mean they are "now" submitted for Council’s consideration? Thank you for clarifying. Kind regards, Ayden Férdeline Sent from ProtonMail Mobile On Fri, Jan 19, 2018 at 22:36, Austin, Donna via council <council@gnso.icann.org<mailto:council@gnso.icann.org>> wrote: All Please find attached draft GNSO Council comments on Operating Standards for Specific Reviews. These comments have been drafted by Susan Kawaguchi, Darcy Southwell and myself and are not submitted to Council for consideration. I think the comments are in really good shape with one exception: 3.15 that addresses removal of review team members. So it would be appreciated if folks could pay particular attention to that section. The aim is to have the comments approved during our Council meeting on 30 January, in order to submit the comments by the deadline of 2 February. https://www.icann.org/public-comments/reviews-standards-2017-10-17-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_reviews-2Dstandards-2D2017-2D10-2D17-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=CwipU91YB6EkpFXK9ynnT_QUef4yC5p7jpsDm8cU97g&m=bcLuITOVTGBuaYsSRI2Eq7Al1XCPVvdz6FutoieBpx4&s=0wGvRgxYN9O3SL5FaJgw2AKpoo5wnXJeu_SrxDmRDhE&e=> https://www.icann.org/en/system/files/files/draft-operating-standards-specific-reviews-17oct17-en.pdf<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_draft-2Doperating-2Dstandards-2Dspecific-2Dreviews-2D17oct17-2Den.pdf&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=CwipU91YB6EkpFXK9ynnT_QUef4yC5p7jpsDm8cU97g&m=bcLuITOVTGBuaYsSRI2Eq7Al1XCPVvdz6FutoieBpx4&s=JJcJYcganvN_HBkvJy3yQBwHTOZ90KYTdPeKBSZA_L4&e=> Look forward to your input. Thanks Donna Donna Austin Neustar, Inc. / Senior Policy Manager, Registry Solutions Mobile: +1 310 890 9655<tel:+1%20310-890-9655> donna.austin@team.neustar<mailto:donna.austin@team.neustar> / Website: home.neustar<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.home.neustar_&d=DwMG...> Follow Neustar: LinkedIn <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_company...> / Twitter<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.twitter.com_neustar&...> Reduce your environmental footprint. Print only if necessary. ________________________________ The information contained in this email message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this email message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. 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