Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report
All, I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting. -*- Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council's April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*- Sincerely yours, Kristina Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
All, I second this motion. Debbie Debra Y. Hughes l Senior Counsel American Red Cross Office of the General Counsel 2025 E Street, NW Washington, D.C. 20006 Phone: (202) 303-5356 Fax: (202) 303-0143 HughesDeb@usa.redcross.org <mailto:HughesDeb@usa.redcross.org> ________________________________ From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, September 28, 2011 1:14 PM To: 'council@gnso.icann.org' Subject: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report All, I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting. -*- Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council's April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*- Sincerely yours, Kristina Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
Thanks Debbie. Stéphane Le 28 sept. 2011 à 19:44, <HughesDeb@usa.redcross.org> a écrit :
All, I second this motion. Debbie
Debra Y. Hughes l Senior Counsel American Red Cross
Office of the General Counsel 2025 E Street, NW Washington, D.C. 20006 Phone: (202) 303-5356 Fax: (202) 303-0143 HughesDeb@usa.redcross.org
From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, September 28, 2011 1:14 PM To: 'council@gnso.icann.org' Subject: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report
All,
I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting.
-*-
Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council’s April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*-
Sincerely yours, Kristina
Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette
This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
Thanks Kristina, I will add this to the draft agenda for our Oct 6 meeting. Is there a second for this motion? Stéphane Le 28 sept. 2011 à 19:13, Rosette, Kristina a écrit :
All,
I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting.
-*-
Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council’s April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*-
Sincerely yours, Kristina
Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette
This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
<09282011 RAA motion Amended Process B.DOC><redline RAA motion Amended Process B.DOC>
Kristina, Is this the same or different than the motion presented to the Council a few months back that was not approved? If this is different, can you please provide a redline of the changes and explain the differences so we can get our stakeholder group feedback. Thanks. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy ________________________________ The information contained in this e-mail 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 e-mail 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. From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, September 28, 2011 1:14 PM To: 'council@gnso.icann.org' Subject: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report All, I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting. -*- Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council's April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*- Sincerely yours, Kristina Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
Redline was submitted. "For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting." ________________________________ From: Neuman, Jeff [mailto:Jeff.Neuman@neustar.us] Sent: Wednesday, September 28, 2011 4:21 PM To: Rosette, Kristina; 'council@gnso.icann.org' Subject: RE: Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report Kristina, Is this the same or different than the motion presented to the Council a few months back that was not approved? If this is different, can you please provide a redline of the changes and explain the differences so we can get our stakeholder group feedback. Thanks. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy ________________________________ The information contained in this e-mail 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 e-mail 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. From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, September 28, 2011 1:14 PM To: 'council@gnso.icann.org' Subject: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report All, I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting. -*- Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council's April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*- Sincerely yours, Kristina Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
Never mind....I see it there. Sorry...disregard last e-mail. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy ________________________________ The information contained in this e-mail 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 e-mail 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. From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Neuman, Jeff Sent: Wednesday, September 28, 2011 4:21 PM To: Rosette, Kristina; 'council@gnso.icann.org' Subject: [council] RE: Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report Kristina, Is this the same or different than the motion presented to the Council a few months back that was not approved? If this is different, can you please provide a redline of the changes and explain the differences so we can get our stakeholder group feedback. Thanks. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy ________________________________ The information contained in this e-mail 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 e-mail 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. From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Rosette, Kristina Sent: Wednesday, September 28, 2011 1:14 PM To: 'council@gnso.icann.org' Subject: [council] Motion to Approve Amended Version of Process B in Final Report on Proposals for Improvements to RAA with regard to High and Medium Priority Topics described in the Final Report All, I hereby submit for action at our October 6 meeting a motion to approve an amended version of the process specified as Process B in the Final Report on Proposals for Improvements to the Registrar Accreditation Agreement ("Final Report") to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. For convenience, I attach the motion in document form and provide a redline against a previous version of this motion that did not pass in our April 7 meeting. -*- Whereas, on 4 March 2009, the GNSO Council approved the form of the 2009 Registrar Accreditation Agreement (RAA) developed as a result of a lengthy consultative process initiated by ICANN; Whereas, in addition to approving the 2009 RAA, on 4 March 2009 the GNSO Council convened a joint drafting team with members of the At-Large Community, to conduct further work related to improvements to the RAA; specifically to: (a) draft a charter identifying registrant rights and responsibilities; and (b) develop a specific process to identify additional potential amendments to the RAA on which further action may be desirable; Whereas, on 18 October 2010, the Joint GNSO/ALAC RAA Drafting Team published its Final Report describing specific recommendations and proposals to the GNSO Council for improvements to the RAA; Whereas, the GNSO Council has reviewed the Final Report and, in its resolution 20110113-2, the GNSO Council approved of the Form of Registrant Rights and Responsibilities Charter as described in Annex D of the Final Report and recommended that Staff commence the consultation process with Registrars in the RAA to finalize the Registrant Rights and Responsibilities Charter for posting on the websites of Registrars as specified in Section 3.15 of the RAA; Whereas, a GNSO Council motion recommending that Staff adopt the process specified as Process A in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass; Whereas, a previous GNSO Council motion to approve an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report did not pass at the GNSO Council's April 7, 2011 meeting; Whereas, the GNSO Council desires to approve a further amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. NOW THEREFORE, BE IT: RESOLVED, that the GNSO Council recommends that Staff adopt an amended version of the process specified as Process B in the Final Report to develop a new form of RAA with respect to the High and Medium Priority topics described in the Final Report. As amended herein, Process B entails: 1. The GNSO Council requests that the ICANN Office of the General Counsel review the prioritized list of topics as set forth in the Final Report and identify any topics that would require consensus policy development rather than RAA contract amendment. The GNSO Council requests that the Office of the General Counsel complete and publish on the ICANN website the outcome of such review and identification not later than seventy-five (75) days after the date of this resolution. 2. ICANN Staff will schedule a public consultation, to be held at the first ICANN public meeting that occurs after completion of the review in Step 1, to provide members of the ICANN community with the opportunity to articulate their support of and/or objection to the High and Medium Priority topics described in the Final Report. 3. Within sixty (60) days after the public consultation described in Step 2, negotiations begin with the Negotiating Group consisting of ICANN Staff and the Registrar Stakeholder Group (as a whole). 4. The Negotiating Group shall provide, for public comment, bimonthly written reports on the status and progress of the negotiations. Such reports shall include proposed text under consideration and identify items and text agreed upon by the Negotiating Group. Each bimonthly report shall identify the status of (a) topics identified in the Final Report as High or Medium Priority and that were not determined in Step 1 as requiring consensus policy development; and (b) proposed amendments put forth by any Stakeholder Group, Constituency, and/or Advisory Committee; and shall identify such topics, if any, that have been rejected by the Negotiating Group (collectively, the "Rejected Topics and Amendments"). 5. The Negotiating Group shall review public comments received and continue negotiations as necessary. Steps 4 and 5 shall repeat as necessary; provided, however, that the full final draft of the new RAA must be posted for public comment not later than March 4, 2013. 6. Subject to the date requirement in Step 5, ICANN Staff and the Registrar Stakeholder Group shall determine when the full final draft of the new RAA is ready to be posted for public comment. The full final draft of the new RAA that is posted for public comment shall be accompanied by a detailed written explanation, approved by both Staff and the Registrar Stakeholder Group, that sets forth the basis for the rejection of all Rejected Topics and Amendments. 7. The GNSO Council shall review the full final draft of the new RAA, consider public comments, and vote on approval of the draft new RAA. A Supermajority vote of the GNSO Council is required to approve the new RAA. 8. If the GNSO Council approves the new RAA, the new RAA goes to Board for approval. 9. If the GNSO Council does not approve the new RAA, the new RAA is sent back to the Negotiating Group with appropriate feedback for reconsideration. Repeat from step 7. RESOLVED FURTHER, that the GNSO Council recommends that this process be initiated by ICANN immediately. -*- Sincerely yours, Kristina Kristina Rosette Covington & Burling LLP 1201 Pennsylvania Avenue, N.W. Washington, DC 20004-2401 voice: 202-662-5173 direct fax: 202-778-5173 main fax: 202-662-6291 e-mail: krosette@cov.com www.cov.com/krosette This message is from a law firm and may contain information that is confidential or legally privileged. If you are not the intended recipient, please immediately advise the sender by reply e-mail that this message has been inadvertently transmitted to you and delete this e-mail from your system. Thank you for your cooperation.
participants (4)
-
HughesDeb＠usa.redcross.org -
Neuman, Jeff -
Rosette, Kristina -
Stéphane Van Gelder