CALL FOR VOLUNTEERS for RAA Drafting Team
Dear All, In response to the Registrar Accreditation Agreement (RAA) Motion Action Items the Council formed a drafting team to recommend how to proceed on the two tasks: 1) how to go about drafting a charter of registrant rights; 2) how to form a Drafting Team to discuss further amendments to the RAA and to identify those on which further action may be desirable. The Drafting Team (DT) will have 30 days from Board approval. The mailing list address is Gnso-raa-dt@icann.org And the public archives are http://forum.icann.org/lists/gnso-raa-dt/ Please let the GNSO Secretariat know if you would like to be subscribed to the drafting team. Let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org http://gnso.icann.org
Further to my comments on the call yesterday allow me to clarify and make a proposal that may save us all a lot of time. Background The BC supports a consideration of further RAA changes. Question What is the best way to do this ? Proposal 1. First, do fact finding and create a list of EXISTING registrants' rights including (and separating out) voluntary best practice (mostly a Registrars exercise). 2. Create a second list of ADDITIONAL registrants' rights that registrants want (mostly a Users exercise). 3. Create a group to study the two lists and determine which of these additional rights and voluntary best practice CAN be implemented with new RAA changes (a joint users / suppliers exercise) ie POSSIBLE even if some opinions say UNDESIRABLE. 4. Then, NEGOTIATE on which of these additional rights will go forward to be implemented by RAA changes. That may be in the minds of those that drafted the RAA motion but as I said on the call, and from what I heard on the call, I detected a confusion in approach. The key is to avoid negotiating too early or arguing over the content of a "charter of rights." As said on the call I would strongly recommend changing the terminology. Philip
Hi Philip, On Apr 17, 2009, at 10:32 AM, Philip Sheppard wrote:
Further to my comments on the call yesterday allow me to clarify and make a proposal that may save us all a lot of time.
Background The BC supports a consideration of further RAA changes.
Question What is the best way to do this ?
Proposal 1. First, do fact finding and create a list of EXISTING registrants' rights including (and separating out) voluntary best practice (mostly a Registrars exercise).
Mostly but not exclusively, and there may be differences of interpretation as to what rights now exist under relevant consumer protection laws and guidelines, hard to know ex ante.
2. Create a second list of ADDITIONAL registrants' rights that registrants want (mostly a Users exercise).
Probably so, although it's at least possible other parties might see constructive grounds for additions.
3. Create a group to study the two lists and determine which of these additional rights and voluntary best practice CAN be implemented with new RAA changes (a joint users / suppliers exercise) ie POSSIBLE even if some opinions say UNDESIRABLE.
4. Then, NEGOTIATE on which of these additional rights will go forward to be implemented by RAA changes.
Presumably it would be the same group doing 3-4 that did 1-2?
That may be in the minds of those that drafted the RAA motion but as I said on the call, and from what I heard on the call, I detected a confusion in approach.
I didn't detect it; the process you describe seems pretty straightforward and consistent with what one would expect the group to be doing.
The key is to avoid negotiating too early or arguing over the content of a "charter of rights."
Again, hard to know before the fact whether there will be differences of view and how sharp these might be at each of the four steps, but if there are, arguing them out would seem necessary to me.
As said on the call I would strongly recommend changing the terminology.
Council agreed to do a charter and this is why the RAA amendments passed unanimously. We can't proceed on the basis of bait and switch. Best, Bill *********************************************************** William J. Drake Senior Associate Centre for International Governance Graduate Institute of International and Development Studies Geneva, Switzerland william.drake@graduateinstitute.ch www.graduateinstitute.ch/cig/drake.html ***********************************************************
I need to leave for the day in a few minutes, so this will be brief. I could likely support an initiative like this. But I thought that we were implementing what was referred to in the new RAA 3.15: 3.15 In the event that ICANN gives reasonable notice to Registrar that ICANN has published a webpage that identifies available registrant rights and responsibilities, and the content of such webpage is developed in consultation with registrars, Registrar shall provide a link to the webpage on any website it may operate for domain name registration or renewal clearly displayed to its Registered Name Holders at least as clearly as its links to policies or notifications required to be displayed under ICANN Consensus Policies. This is far less ambitious than what Philip has described. Also, his point 2 may create a set of expectations (that is, asking users for everything that they would like to see in the RAA to satisfy them) that we will not likely meet in the creation of a Charter (and I agree with Bill that the name needs to stay). Of course, the more we can get into this charter, the more pleased I and ALAC will be. I agree that it is important to quickly come to an agreement on the scope of what we are doing under the "charter" section of the motion passed by Council, and what really belongs in the "future RAA amendments" section. Alan At 17/04/2009 04:32 AM, you wrote:
Further to my comments on the call yesterday allow me to clarify and make a proposal that may save us all a lot of time.
Background The BC supports a consideration of further RAA changes.
Question What is the best way to do this ?
Proposal 1. First, do fact finding and create a list of EXISTING registrants' rights including (and separating out) voluntary best practice (mostly a Registrars exercise). 2. Create a second list of ADDITIONAL registrants' rights that registrants want (mostly a Users exercise). 3. Create a group to study the two lists and determine which of these additional rights and voluntary best practice CAN be implemented with new RAA changes (a joint users / suppliers exercise) ie POSSIBLE even if some opinions say UNDESIRABLE. 4. Then, NEGOTIATE on which of these additional rights will go forward to be implemented by RAA changes.
That may be in the minds of those that drafted the RAA motion but as I said on the call, and from what I heard on the call, I detected a confusion in approach. The key is to avoid negotiating too early or arguing over the content of a "charter of rights." As said on the call I would strongly recommend changing the terminology.
Philip
Indeed RAA 3.15 looks like step 1 (of the 4 steps I outlined). It refers only to "available" rights. It thus has the intent to voluntarily spread good practice. ---------------- Seems to be a simple task for the Registrars Constituency to run ( in say 4 weeks) and then seek review of their findings by the GNSO. Hardly a GNSO worthy task at all. Indeed it does not meet the compromise we stuck in agreeing to adopt the recent RAA changes. ------------------- My points 2 - 4 are however eminently GNSO worthy ! And do fulfil the compromise! Philip
And while on Charters - we may be suffering from the US and UK being "two nations divided by a common language" syndrome. Charter means to my OED "a grant of rights by the sovereign or other body". Another on-line definition follows. Philip ---------------------- Charter noun a franchise or written grant of specified rights made by a government or ruler to a person, corporation, etc. a document setting forth the aims and principles of a united group, as of nations the constitution of a city, setting forth its governmental organization and powers OR a document by which a society authorizes the organization of a local chapter or lodge a special privilege or exemption an instrument, esp. a deed Etymology: ME chartre < OFr < L chartula, dim. of charta: see card <http://www.yourdictionary.com/card>
Would the alternative term 'statement of work (SoW)' be a better choice than 'charter'? Chuck
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Philip Sheppard Sent: Friday, April 17, 2009 10:02 AM To: 'GNSO Council' Subject: [council] RAA Drafting Team
And while on Charters - we may be suffering from the US and UK being "two nations divided by a common language" syndrome.
Charter means to my OED "a grant of rights by the sovereign or other body". Another on-line definition follows. Philip ----------------------
Charter noun
a franchise or written grant of specified rights made by a government or ruler to a person, corporation, etc. a document setting forth the aims and principles of a united group, as of nations the constitution of a city, setting forth its governmental organization and powers
OR a document by which a society authorizes the organization of a local chapter or lodge a special privilege or exemption an instrument, esp. a deed
Etymology: ME chartre < OFr < L chartula, dim. of charta: see card <http://www.yourdictionary.com/card>
Count me in please Glen! Adrian Kinderis -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Glen de Saint Géry Sent: Friday, 17 April 2009 6:57 AM To: council@gnso.icann.org Subject: [council] CALL FOR VOLUNTEERS for RAA Drafting Team Dear All, In response to the Registrar Accreditation Agreement (RAA) Motion Action Items the Council formed a drafting team to recommend how to proceed on the two tasks: 1) how to go about drafting a charter of registrant rights; 2) how to form a Drafting Team to discuss further amendments to the RAA and to identify those on which further action may be desirable. The Drafting Team (DT) will have 30 days from Board approval. The mailing list address is Gnso-raa-dt@icann.org And the public archives are http://forum.icann.org/lists/gnso-raa-dt/ Please let the GNSO Secretariat know if you would like to be subscribed to the drafting team. Let me know if you have any questions. Thank you. Kind regards, Glen Glen de Saint Géry GNSO Secretariat gnso.secretariat@gnso.icann.org http://gnso.icann.org
participants (6)
-
Adrian Kinderis -
Alan Greenberg -
Glen de Saint Géry -
Gomes, Chuck -
Philip Sheppard -
William Drake