GNSO Council Action Items
All, Regarding the GNSO Council Action Items, at our last meeting, we agreed to confirm the requirement with respect to the following: BGC Recommendation on Reconsideration Request 13-3 1. The Chair, on behalf of the GNSO Council, writes to the Board Governance Committee (copying the New gTLD Programme Committee). Jeff Neumann to draft 2. The Chair, on behalf of the GNSO Council, writes to the ATRT2. A volunteer to draft. a. To highlight concerns with the reconsideration process as a mechanism for ensuring accountability and transparency. b. To not propose a specific remedy but rather to leave that to the ATRT. 3. The Chair, on behalf of the GNSO Council, writes to the ICANN Board. Jonathan to draft. a. To summarise and refer to both 1 & 2 above b. To highlight on-going concerns about the issue of accountability for actions (implementation or policy) which are not in agreement with GNSO policy or policy advice. c. To propose solutions such as: - Agreement to effectively communicate with the GNSO in the event that a decision goes against such policy or policy advice (something we have already agreed to on the back of our Beijing / recent discussions) - Possible change/s to the ICANN bylaws Having seen the outcome of the latest reconsideration request i.e. as follows: Based on the foregoing, the BGC concludes that Booking.com has not stated proper grounds for reconsideration and we therefore recommend that Booking.com's request be denied without further consideration. This Request challenges a substantive decision taken by a panel in the New gTLD Program and not the process by which that decision was taken. As stated in our Recommendation on Request 13-2, Reconsideration is not a mechanism for direct, de novo appeal of staff or panel decisions with which the requester disagrees, and seeking such relief is, in fact, in contravention of the established processes within ICANN. It strikes me that point 2 above, assisted by the latest reconsideration decision, remains valid. Looking at points 1 & 3 above, it strikes me that 1 is no longer required and has been dealt with by other communications and actions but 3 may still be valid. Therefore, please can you assist me by confirming (or denying) that going forwards, we should complete the action by: 1. Dropping Action 1 above 2. Completing Action 2 above (If so, a volunteer to draft please?) 3. Completing 3 above. Thank-you. Jonathan
Hi Jonathan, On action item 2, I've asked my colleagues in the NCSG to help me draft a letter. What is our deadline? All the best, Maria On 13 September 2013 10:53, Jonathan Robinson <jrobinson@afilias.info>wrote:
All,****
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Regarding the GNSO Council Action Items, at our last meeting, we agreed to confirm the requirement with respect to the following:****
** **
*BGC Recommendation on Reconsideration Request 13-3*****
1. The Chair, on behalf of the GNSO Council, writes to the Board Governance Committee (copying the New gTLD Programme Committee). *Jeff Neumann to draft*****
2. The Chair, on behalf of the GNSO Council, writes to the ATRT2. *A volunteer to draft*.****
a. To highlight concerns with the reconsideration process as a mechanism for ensuring accountability and transparency.****
b. To not propose a specific remedy but rather to leave that to the ATRT.* ***
3. The Chair, on behalf of the GNSO Council, writes to the ICANN Board. *Jonathan to draft*.****
a. To summarise and refer to both 1 & 2 above****
b. To highlight on-going concerns about the issue of accountability for actions (implementation or policy) which are not in agreement with GNSO policy or policy advice.****
c. To propose solutions such as:****
- Agreement to effectively communicate with the GNSO in the event that a decision goes against such policy or policy advice (something we have already agreed to on the back of our Beijing / recent discussions)****
- Possible change/s to the ICANN bylaws****
** **
Having seen the outcome of the latest reconsideration request i.e. as follows:****
** **
*Based on the foregoing, the BGC concludes that Booking.com has not stated proper *
*grounds for reconsideration and we therefore recommend that Booking.com’s request be denied*
*without further consideration. This Request challenges a substantive decision taken by a panel in*
*the New gTLD Program and not the process by which that decision was taken. As stated in our*
*Recommendation on Request 13-2, Reconsideration is not a mechanism for direct, de novo*
*appeal of staff or panel decisions with which the requester disagrees, and seeking such relief is,*
*in fact, in contravention of the established processes within ICANN.*
** **
It strikes me that point 2 above, assisted by the latest reconsideration decision, remains valid.****
** **
Looking at points 1 & 3 above, it strikes me that 1 is no longer required and has been dealt with by other communications and actions but 3 may still be valid.****
** **
Therefore, please can you assist me by confirming (or denying) that going forwards, we should complete the action by:****
** **
**1. **Dropping Action 1 above****
**2. **Completing Action 2 above (If so, a volunteer to draft please?)****
**3. **Completing 3 above.****
** **
Thank-you.****
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** **
** **
Jonathan****
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Many thanks Maria, I think it's been on the To Do list for a while so the unhelpful answer is ASAP. I am not sure of any ATRT2 deadline but I'd very much like to see it off our list i.e. agreed and sent before the next Council Meeting - 07 October. Thanks again. Jonathan From: Maria Farrell [mailto:maria.farrell@gmail.com] Sent: 20 September 2013 08:43 To: jrobinson@afilias.info Cc: council@gnso.icann.org Subject: Re: [council] GNSO Council Action Items Hi Jonathan, On action item 2, I've asked my colleagues in the NCSG to help me draft a letter. What is our deadline? All the best, Maria On 13 September 2013 10:53, Jonathan Robinson <jrobinson@afilias.info> wrote: All, Regarding the GNSO Council Action Items, at our last meeting, we agreed to confirm the requirement with respect to the following: BGC Recommendation on Reconsideration Request 13-3 1. The Chair, on behalf of the GNSO Council, writes to the Board Governance Committee (copying the New gTLD Programme Committee). Jeff Neumann to draft 2. The Chair, on behalf of the GNSO Council, writes to the ATRT2. A volunteer to draft. a. To highlight concerns with the reconsideration process as a mechanism for ensuring accountability and transparency. b. To not propose a specific remedy but rather to leave that to the ATRT. 3. The Chair, on behalf of the GNSO Council, writes to the ICANN Board. Jonathan to draft. a. To summarise and refer to both 1 & 2 above b. To highlight on-going concerns about the issue of accountability for actions (implementation or policy) which are not in agreement with GNSO policy or policy advice. c. To propose solutions such as: - Agreement to effectively communicate with the GNSO in the event that a decision goes against such policy or policy advice (something we have already agreed to on the back of our Beijing / recent discussions) - Possible change/s to the ICANN bylaws Having seen the outcome of the latest reconsideration request i.e. as follows: Based on the foregoing, the BGC concludes that Booking.com has not stated proper grounds for reconsideration and we therefore recommend that Booking.com's request be denied without further consideration. This Request challenges a substantive decision taken by a panel in the New gTLD Program and not the process by which that decision was taken. As stated in our Recommendation on Request 13-2, Reconsideration is not a mechanism for direct, de novo appeal of staff or panel decisions with which the requester disagrees, and seeking such relief is, in fact, in contravention of the established processes within ICANN. It strikes me that point 2 above, assisted by the latest reconsideration decision, remains valid. Looking at points 1 & 3 above, it strikes me that 1 is no longer required and has been dealt with by other communications and actions but 3 may still be valid. Therefore, please can you assist me by confirming (or denying) that going forwards, we should complete the action by: 1. Dropping Action 1 above 2. Completing Action 2 above (If so, a volunteer to draft please?) 3. Completing 3 above. Thank-you. Jonathan
Hi Maria, I know we did not discuss this any further and had intended to. Is there any progress to report from your side? Essentially, from a Council perspective, the key issue to be covered in 2 as I understand it, is not so much on the detail of the specific reconsideration request but more on the reconsideration mechanism as an accountability and transparency measure. Given that all or almost all reconsideration requests have been denied in the past, due to the narrowness of scope of the reconsideration process, the Council raised the question as to whether or not the reconsideration process provides a sufficient or complete A & T mechanism. An example given to illustrate this was, what if the staff followed procedure perfectly but produced an outcome that was "wrong". The reconsideration would likely be denied but the outcome would be unsatisfactory. Therefore the point we need to make to the ATRT is to highlight that the reconsideration request is an insufficient mechanism and that we would like them to consider additional mechanisms to ensure A & T. Time is moving on this one. Do others agree with my recollection and understanding and can anyone comment on whether or not we have missed the boat as far as communicating this to the ATRT? Thanks, Jonathan From: Maria Farrell [mailto:maria.farrell@gmail.com] Sent: 20 September 2013 08:43 To: jrobinson@afilias.info Cc: council@gnso.icann.org Subject: Re: [council] GNSO Council Action Items Hi Jonathan, On action item 2, I've asked my colleagues in the NCSG to help me draft a letter. What is our deadline? All the best, Maria On 13 September 2013 10:53, Jonathan Robinson <jrobinson@afilias.info> wrote: All, Regarding the GNSO Council Action Items, at our last meeting, we agreed to confirm the requirement with respect to the following: BGC Recommendation on Reconsideration Request 13-3 1. The Chair, on behalf of the GNSO Council, writes to the Board Governance Committee (copying the New gTLD Programme Committee). Jeff Neumann to draft 2. The Chair, on behalf of the GNSO Council, writes to the ATRT2. A volunteer to draft. a. To highlight concerns with the reconsideration process as a mechanism for ensuring accountability and transparency. b. To not propose a specific remedy but rather to leave that to the ATRT. 3. The Chair, on behalf of the GNSO Council, writes to the ICANN Board. Jonathan to draft. a. To summarise and refer to both 1 & 2 above b. To highlight on-going concerns about the issue of accountability for actions (implementation or policy) which are not in agreement with GNSO policy or policy advice. c. To propose solutions such as: - Agreement to effectively communicate with the GNSO in the event that a decision goes against such policy or policy advice (something we have already agreed to on the back of our Beijing / recent discussions) - Possible change/s to the ICANN bylaws Having seen the outcome of the latest reconsideration request i.e. as follows: Based on the foregoing, the BGC concludes that Booking.com has not stated proper grounds for reconsideration and we therefore recommend that Booking.com's request be denied without further consideration. This Request challenges a substantive decision taken by a panel in the New gTLD Program and not the process by which that decision was taken. As stated in our Recommendation on Request 13-2, Reconsideration is not a mechanism for direct, de novo appeal of staff or panel decisions with which the requester disagrees, and seeking such relief is, in fact, in contravention of the established processes within ICANN. It strikes me that point 2 above, assisted by the latest reconsideration decision, remains valid. Looking at points 1 & 3 above, it strikes me that 1 is no longer required and has been dealt with by other communications and actions but 3 may still be valid. Therefore, please can you assist me by confirming (or denying) that going forwards, we should complete the action by: 1. Dropping Action 1 above 2. Completing Action 2 above (If so, a volunteer to draft please?) 3. Completing 3 above. Thank-you. Jonathan
participants (2)
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Jonathan Robinson
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Maria Farrell