Dear all: The IPC does not agree that the BGC's rationale need be thrown out. As an alternative, you might consider the following language in a footnote to the rationale, which we would have vetted with the full Council in due course, but for the intense pace at which this conversation is unfolding: "This analysis is limited to consideration of whether the Board violated ICANN policy, and specifically the policies set forth in Annex A, Section 9 of the ICANN Bylaws, which require consultation with the GNSO Council where a PDP-developed recommendation is not approved by the Board. It is beyond the scope of this Recommendation to consider whether, how and when the Board engages the GNSO Council in discussions following GNSO council statements or other actions outside the PDP process, and this Recommendation expresses no opinion on such matters." Thank you, Brian Brian J. Winterfeldt Partner bwinterfeldt@steptoe.com<mailto:bwinterfeldt@steptoe.com> Steptoe ________________________________ From: owner-council@gnso.icann.orgOn<mailto:owner-council@gnso.icann.orgOn> Behalf OfJonathan Robinson Sent: Tuesday, June 18, 2013 10:42:15 AM To: john@crediblecontext.com<mailto:john@crediblecontext.com>; 'Neuman, Jeff'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC John, Good that the short version makes sense. It's often the case as you well know! I felt it was clear in the Council meeting of 13/06/2013n that I understood that a formal letter would need to be sent on behalf of the Council and that this was what we were discussing. I haven't cross-checked against the transcript. However, I did cover this in my 16/06/2013 summary of the discussion and outcomes and didn't receive any objections. Of course, it doesn't necessarily require a vote for us to take action. We have an unusually tight deadline in that the BGC is meeting today at 21h00 UTC. If we accept your objection, we do nothing, at least before the BGC meets. If we are to do something before the BGC meets, we need to do it fast. Personally, I am OK to put my name next to a draft substantially similar to what Jeff has outlined below but clearly, need support from the Council if I am to do so. Is there a variation on what Jeff has written that you feel you could support reasonably well in advance of the 21h00 deadline? Thanks, Jonathan From: john@crediblecontext.com<mailto:john@crediblecontext.com> [mailto:john@crediblecontext.com] Sent: 17 June 2013 23:25 To: Neuman, Jeff; 'jrobinson@afilias.info'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC Jeff, et. al., Even though short, this note makes more of what happened than I heard. In as much as it was an open discussion, we didn't hear from all and we certainly took no votes, either on a proposal, motion or sense of the Council. And I was the guy who coined the term "executivication" of decision-making at ICANN. I see the problem, but not the basis for a solution. It is true that the Board committee's decision has sparked a bit of a controversy (the transcript of the meeting shows that), but there is no basis for any "ask," except perhaps that the full Board draw its own conclusion as to whether the decision undermines the community as has been suggested. Asking for this to be on our joint meeting agenda for Durban is totally within our purview, too. I guess that rolls up to being an objection. Cheers, Berard --------- Original Message --------- Subject: [council] Draft Letter to BGC From: "Neuman, Jeff" <Jeff.Neuman@neustar.us<mailto:Jeff.Neuman@neustar.us>> Date: 6/17/13 1:09 pm To: "'jrobinson@afilias.info'" <jrobinson@afilias.info<mailto:jrobinson@afilias.info>>, "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au<mailto:Bruce.Tonkin@melbourneit.com.au>>, "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Bruce, Thanks for forwarding this note on to the Council. Given the timing sensitivities, I would propose the Council tomorrow sending a note like the one below. Any objections? ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Board Governance Committee, As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013. Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model. We therefore respectfully ask the BGC to withdraw the arguments used to support the ultimate rejection of the Reconsideration Request, and replace the rationale with something more in line with the scope of Reconsideration Requests as outlined in the ICANN Bylaws. In addition, we ask that we continue the dialogue on the this particular matter in July at the ICANN meeting in Durban. Sincerely, Jonathan Robinson GNSO Council Chair Jeffrey J. Neuman Neustar, Inc. / Vice President, Business Affairs From: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Jonathan Robinson Sent: Monday, June 17, 2013 7:02 AM To: 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Bruce, Thank-you for flagging this. We will endeavour to provide you with this. Jonathan From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] Sent: 16 June 2013 23:52 To: council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Hello Jonathan, For information- the Board Governance Committee is meeting on Tuesday 18 June at 21:00 UTC time. A review of the rationale for reconsideration request 13.3 is on the agenda. Any materials you can provide before then would be useful. I am expecting that the new gTLD program committee will then consider reconsideration request 13.3 at its meeting on 25 June 2013. Regards, Bruce Tonkin
Fully support this rewording. Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 213 5680760 / 5685276 / 5655025 Fax: +92 213 5655026 www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink *** -----Original Message----- From: "Winterfeldt, Brian" <bwinterfeldt@steptoe.com> Sender: owner-council@gnso.icann.org Date: Tue, 18 Jun 2013 15:17:51 To: council@gnso.icann.org<council@gnso.icann.org> Cc: john@crediblecontext.com<john@crediblecontext.com>; Jeff.Neuman@neustar.us<Jeff.Neuman@neustar.us>; bruce.tonkin@melbourneit.com.au<bruce.tonkin@melbourneit.com.au> Subject: RE: [council] Draft Letter to BGC Dear all: The IPC does not agree that the BGC's rationale need be thrown out. As an alternative, you might consider the following language in a footnote to the rationale, which we would have vetted with the full Council in due course, but for the intense pace at which this conversation is unfolding: "This analysis is limited to consideration of whether the Board violated ICANN policy, and specifically the policies set forth in Annex A, Section 9 of the ICANN Bylaws, which require consultation with the GNSO Council where a PDP-developed recommendation is not approved by the Board. It is beyond the scope of this Recommendation to consider whether, how and when the Board engages the GNSO Council in discussions following GNSO council statements or other actions outside the PDP process, and this Recommendation expresses no opinion on such matters." Thank you, Brian Brian J. Winterfeldt Partner bwinterfeldt@steptoe.com<mailto:bwinterfeldt@steptoe.com> Steptoe ________________________________ From: owner-council@gnso.icann.orgOn<mailto:owner-council@gnso.icann.orgOn> Behalf OfJonathan Robinson Sent: Tuesday, June 18, 2013 10:42:15 AM To: john@crediblecontext.com<mailto:john@crediblecontext.com>; 'Neuman, Jeff'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC John, Good that the short version makes sense. It's often the case as you well know! I felt it was clear in the Council meeting of 13/06/2013n that I understood that a formal letter would need to be sent on behalf of the Council and that this was what we were discussing. I haven't cross-checked against the transcript. However, I did cover this in my 16/06/2013 summary of the discussion and outcomes and didn't receive any objections. Of course, it doesn't necessarily require a vote for us to take action. We have an unusually tight deadline in that the BGC is meeting today at 21h00 UTC. If we accept your objection, we do nothing, at least before the BGC meets. If we are to do something before the BGC meets, we need to do it fast. Personally, I am OK to put my name next to a draft substantially similar to what Jeff has outlined below but clearly, need support from the Council if I am to do so. Is there a variation on what Jeff has written that you feel you could support reasonably well in advance of the 21h00 deadline? Thanks, Jonathan From: john@crediblecontext.com<mailto:john@crediblecontext.com> [mailto:john@crediblecontext.com] Sent: 17 June 2013 23:25 To: Neuman, Jeff; 'jrobinson@afilias.info'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC Jeff, et. al., Even though short, this note makes more of what happened than I heard. In as much as it was an open discussion, we didn't hear from all and we certainly took no votes, either on a proposal, motion or sense of the Council. And I was the guy who coined the term "executivication" of decision-making at ICANN. I see the problem, but not the basis for a solution. It is true that the Board committee's decision has sparked a bit of a controversy (the transcript of the meeting shows that), but there is no basis for any "ask," except perhaps that the full Board draw its own conclusion as to whether the decision undermines the community as has been suggested. Asking for this to be on our joint meeting agenda for Durban is totally within our purview, too. I guess that rolls up to being an objection. Cheers, Berard --------- Original Message --------- Subject: [council] Draft Letter to BGC From: "Neuman, Jeff" <Jeff.Neuman@neustar.us<mailto:Jeff.Neuman@neustar.us>> Date: 6/17/13 1:09 pm To: "'jrobinson@afilias.info'" <jrobinson@afilias.info<mailto:jrobinson@afilias.info>>, "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au<mailto:Bruce.Tonkin@melbourneit.com.au>>, "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Bruce, Thanks for forwarding this note on to the Council. Given the timing sensitivities, I would propose the Council tomorrow sending a note like the one below. Any objections? ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Board Governance Committee, As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013. Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model. We therefore respectfully ask the BGC to withdraw the arguments used to support the ultimate rejection of the Reconsideration Request, and replace the rationale with something more in line with the scope of Reconsideration Requests as outlined in the ICANN Bylaws. In addition, we ask that we continue the dialogue on the this particular matter in July at the ICANN meeting in Durban. Sincerely, Jonathan Robinson GNSO Council Chair Jeffrey J. Neuman Neustar, Inc. / Vice President, Business Affairs From: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Jonathan Robinson Sent: Monday, June 17, 2013 7:02 AM To: 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Bruce, Thank-you for flagging this. We will endeavour to provide you with this. Jonathan From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] Sent: 16 June 2013 23:52 To: council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Hello Jonathan, For information- the Board Governance Committee is meeting on Tuesday 18 June at 21:00 UTC time. A review of the rationale for reconsideration request 13.3 is on the agenda. Any materials you can provide before then would be useful. I am expecting that the new gTLD program committee will then consider reconsideration request 13.3 at its meeting on 25 June 2013. Regards, Bruce Tonkin
I do not think this new wording characterizes the discussion that we had last week. Adding a footnote to the rationale would not solve any of the issues that were raised, and in fact would only introduce new (even worse) wrinkles. I believe a rewording to make it more in line with what Alan had suggested is more preferable (Changes in last paragraph): Dear Board Governance Committee, As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013. Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model. We therefore respectfully ask the BGC to defer the publication of the rationale of the Reconsideration Request until such time that a more complete discussion on this matter can take place with the community in July at the ICANN meeting in Durban. Sincerely, Jonathan Robinson GNSO Council Chair Jeffrey J. Neuman Neustar, Inc. / Vice President, Business Affairs From: Zahid Jamil [mailto:zahid@dndrc.com] Sent: Tuesday, June 18, 2013 11:23 AM To: Winterfeldt, Brian; owner-council@gnso.icann.org; council@gnso.icann.org Cc: John Berard; Neuman, Jeff; bruce.tonkin@melbourneit.com.au Subject: Re: [council] Draft Letter to BGC Fully support this rewording. Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 213 5680760 / 5685276 / 5655025 Fax: +92 213 5655026 www.jamilandjamil.com<http://www.jamilandjamil.com> Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink *** ________________________________ From: "Winterfeldt, Brian" <bwinterfeldt@steptoe.com<mailto:bwinterfeldt@steptoe.com>> Sender: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> Date: Tue, 18 Jun 2013 15:17:51 +0000 To: council@gnso.icann.org<council@gnso.icann.org<mailto:council@gnso.icann.org%3ccouncil@gnso.icann.org>> Cc: john@crediblecontext.com<john@crediblecontext.com<mailto:john@crediblecontext.com%3cjohn@crediblecontext.com>>; Jeff.Neuman@neustar.us<Jeff.Neuman@neustar.us<mailto:Jeff.Neuman@neustar.us%3cJeff.Neuman@neustar.us>>; bruce.tonkin@melbourneit.com.au<bruce.tonkin@melbourneit.com.au<mailto:bruce.tonkin@melbourneit.com.au%3cbruce.tonkin@melbourneit.com.au>> Subject: RE: [council] Draft Letter to BGC Dear all: The IPC does not agree that the BGC's rationale need be thrown out. As an alternative, you might consider the following language in a footnote to the rationale, which we would have vetted with the full Council in due course, but for the intense pace at which this conversation is unfolding: "This analysis is limited to consideration of whether the Board violated ICANN policy, and specifically the policies set forth in Annex A, Section 9 of the ICANN Bylaws, which require consultation with the GNSO Council where a PDP-developed recommendation is not approved by the Board. It is beyond the scope of this Recommendation to consider whether, how and when the Board engages the GNSO Council in discussions following GNSO council statements or other actions outside the PDP process, and this Recommendation expresses no opinion on such matters." Thank you, Brian Brian J. Winterfeldt Partner bwinterfeldt@steptoe.com<mailto:bwinterfeldt@steptoe.com> Steptoe ________________________________ From: owner-council@gnso.icann.orgOn<mailto:owner-council@gnso.icann.orgOn> Behalf OfJonathan Robinson Sent: Tuesday, June 18, 2013 10:42:15 AM To: john@crediblecontext.com<mailto:john@crediblecontext.com>; 'Neuman, Jeff'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC John, Good that the short version makes sense. It's often the case as you well know! I felt it was clear in the Council meeting of 13/06/2013n that I understood that a formal letter would need to be sent on behalf of the Council and that this was what we were discussing. I haven't cross-checked against the transcript. However, I did cover this in my 16/06/2013 summary of the discussion and outcomes and didn't receive any objections. Of course, it doesn't necessarily require a vote for us to take action. We have an unusually tight deadline in that the BGC is meeting today at 21h00 UTC. If we accept your objection, we do nothing, at least before the BGC meets. If we are to do something before the BGC meets, we need to do it fast. Personally, I am OK to put my name next to a draft substantially similar to what Jeff has outlined below but clearly, need support from the Council if I am to do so. Is there a variation on what Jeff has written that you feel you could support reasonably well in advance of the 21h00 deadline? Thanks, Jonathan From: john@crediblecontext.com<mailto:john@crediblecontext.com> [mailto:john@crediblecontext.com] Sent: 17 June 2013 23:25 To: Neuman, Jeff; 'jrobinson@afilias.info'; 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] Draft Letter to BGC Jeff, et. al., Even though short, this note makes more of what happened than I heard. In as much as it was an open discussion, we didn't hear from all and we certainly took no votes, either on a proposal, motion or sense of the Council. And I was the guy who coined the term "executivication" of decision-making at ICANN. I see the problem, but not the basis for a solution. It is true that the Board committee's decision has sparked a bit of a controversy (the transcript of the meeting shows that), but there is no basis for any "ask," except perhaps that the full Board draw its own conclusion as to whether the decision undermines the community as has been suggested. Asking for this to be on our joint meeting agenda for Durban is totally within our purview, too. I guess that rolls up to being an objection. Cheers, Berard --------- Original Message --------- Subject: [council] Draft Letter to BGC From: "Neuman, Jeff" <Jeff.Neuman@neustar.us<mailto:Jeff.Neuman@neustar.us>> Date: 6/17/13 1:09 pm To: "'jrobinson@afilias.info'" <jrobinson@afilias.info<mailto:jrobinson@afilias.info>>, "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au<mailto:Bruce.Tonkin@melbourneit.com.au>>, "council@gnso.icann.org<mailto:council@gnso.icann.org>" <council@gnso.icann.org<mailto:council@gnso.icann.org>> Bruce, Thanks for forwarding this note on to the Council. Given the timing sensitivities, I would propose the Council tomorrow sending a note like the one below. Any objections? ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Dear Board Governance Committee, As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013. Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model. We therefore respectfully ask the BGC to withdraw the arguments used to support the ultimate rejection of the Reconsideration Request, and replace the rationale with something more in line with the scope of Reconsideration Requests as outlined in the ICANN Bylaws. In addition, we ask that we continue the dialogue on the this particular matter in July at the ICANN meeting in Durban. Sincerely, Jonathan Robinson GNSO Council Chair Jeffrey J. Neuman Neustar, Inc. / Vice President, Business Affairs From: owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Jonathan Robinson Sent: Monday, June 17, 2013 7:02 AM To: 'Bruce Tonkin'; council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Bruce, Thank-you for flagging this. We will endeavour to provide you with this. Jonathan From: Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] Sent: 16 June 2013 23:52 To: council@gnso.icann.org<mailto:council@gnso.icann.org> Subject: RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... ) Hello Jonathan, For information- the Board Governance Committee is meeting on Tuesday 18 June at 21:00 UTC time. A review of the rationale for reconsideration request 13.3 is on the agenda. Any materials you can provide before then would be useful. I am expecting that the new gTLD program committee will then consider reconsideration request 13.3 at its meeting on 25 June 2013. Regards, Bruce Tonkin
I regret that I was not able to be present during the call last week, but I support the original draft as proposed, without the rewording. The issue of the role of the GNSO and the GNSO council with regard to board and staff decisions is too important to be watered down. We must on the council level rise to the defense of the multi-stakeholder model, otherwise it will become a fig leave solely for the purpose of legitimizing the role of ICANN. ICANN continues to defend its role in public by proclaiming the multi-stakeholder model, but if it internally works to dismantle it, it will play into the hands of those that prefer another model. Best regards, Volker
I do not think this new wording characterizes the discussion that we had last week. Adding a footnote to the rationale would not solve any of the issues that were raised, and in fact would only introduce new (even worse) wrinkles.
I believe a rewording to make it more in line with what Alan had suggested is more preferable (Changes in last paragraph):
Dear Board Governance Committee,
As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013.
Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model.
We therefore respectfully ask the BGC to defer the publication of the rationale of the Reconsideration Request until such time that a more complete discussion on this matter can take place with the community in July at the ICANN meeting in Durban.
Sincerely,
Jonathan Robinson
GNSO Council Chair
*Jeffrey J. Neuman** **Neustar, Inc. / Vice President, Business Affairs*
*From:*Zahid Jamil [mailto:zahid@dndrc.com] *Sent:* Tuesday, June 18, 2013 11:23 AM *To:* Winterfeldt, Brian; owner-council@gnso.icann.org; council@gnso.icann.org *Cc:* John Berard; Neuman, Jeff; bruce.tonkin@melbourneit.com.au *Subject:* Re: [council] Draft Letter to BGC
Fully support this rewording.
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 213 5680760 / 5685276 / 5655025 Fax: +92 213 5655026 www.jamilandjamil.com <http://www.jamilandjamil.com>
Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited.
*** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink ***
------------------------------------------------------------------------
*From: *"Winterfeldt, Brian" <bwinterfeldt@steptoe.com <mailto:bwinterfeldt@steptoe.com>>
*Sender: *owner-council@gnso.icann.org <mailto:owner-council@gnso.icann.org>
*Date: *Tue, 18 Jun 2013 15:17:51 +0000
*To: *council@gnso.icann.org<council@gnso.icann.org <mailto:council@gnso.icann.org%3ccouncil@gnso.icann.org>>
*Cc: *john@crediblecontext.com<john@crediblecontext.com <mailto:john@crediblecontext.com%3cjohn@crediblecontext.com>>; Jeff.Neuman@neustar.us<Jeff.Neuman@neustar.us <mailto:Jeff.Neuman@neustar.us%3cJeff.Neuman@neustar.us>>; bruce.tonkin@melbourneit.com.au<bruce.tonkin@melbourneit.com.au <mailto:bruce.tonkin@melbourneit.com.au%3cbruce.tonkin@melbourneit.com.au>>
*Subject: *RE: [council] Draft Letter to BGC
Dear all:
The IPC does not agree that the BGC's rationale need be thrown out. As an alternative, you might consider the following language in a footnote to the rationale, which we would have vetted with the full Council in due course, but for the intense pace at which this conversation is unfolding:
"This analysis is limited to consideration of whether the Board violated ICANN policy, and specifically the policies set forth in Annex A, Section 9 of the ICANN Bylaws, which require consultation with the GNSO Council where a PDP-developed recommendation is not approved by the Board. It is beyond the scope of this Recommendation to consider whether, how and when the Board engages the GNSO Council in discussions following GNSO council statements or other actions outside the PDP process, and this Recommendation expresses no opinion on such matters."
Thank you,
Brian
*__*
*Brian J. Winterfeldt *
Partner
_bwinterfeldt@steptoe.com <mailto:bwinterfeldt@steptoe.com>_
Steptoe
------------------------------------------------------------------------
*From:*owner-council@gnso.icann.orgOn <mailto:owner-council@gnso.icann.orgOn> Behalf OfJonathan Robinson *Sent:* Tuesday, June 18, 2013 10:42:15 AM *To:* john@crediblecontext.com <mailto:john@crediblecontext.com>; 'Neuman, Jeff'; 'Bruce Tonkin'; council@gnso.icann.org <mailto:council@gnso.icann.org> *Subject:* RE: [council] Draft Letter to BGC
John,
Good that the short version makes sense. It's often the case as you well know!
I felt it was clear in the Council meeting of 13/06/2013n that I understood that a formal letter would need to be sent on behalf of the Council and that this was what we were discussing.
I haven't cross-checked against the transcript. However, I did cover this in my 16/06/2013 summary of the discussion and outcomes and didn't receive any objections.
Of course, it doesn't necessarily require a vote for us to take action.
We have an unusually tight deadline in that the BGC is meeting today at 21h00 UTC. If we accept your objection, we do nothing, at least before the BGC meets.
If we are to do something before the BGC meets, we need to do it fast.
Personally, I am OK to put my name next to a draft substantially similar to what Jeff has outlined below but clearly, need support from the Council if I am to do so.
Is there a variation on what Jeff has written that you feel you could support reasonably well in advance of the 21h00 deadline?
Thanks,
Jonathan
*From:*john@crediblecontext.com <mailto:john@crediblecontext.com> [mailto:john@crediblecontext.com] *Sent:* 17 June 2013 23:25 *To:* Neuman, Jeff; 'jrobinson@afilias.info'; 'Bruce Tonkin'; council@gnso.icann.org <mailto:council@gnso.icann.org> *Subject:* RE: [council] Draft Letter to BGC
Jeff, et. al.,
Even though short, this note makes more of what happened than I heard. In as much as it was an open discussion, we didn't hear from all and we certainly took no votes, either on a proposal, motion or sense of the Council.
And I was the guy who coined the term "executivication" of decision-making at ICANN. I see the problem, but not the basis for a solution.
It is true that the Board committee's decision has sparked a bit of a controversy (the transcript of the meeting shows that), but there is no basis for any "ask," except perhaps that the full Board draw its own conclusion as to whether the decision undermines the community as has been suggested. Asking for this to be on our joint meeting agenda for Durban is totally within our purview, too.
I guess that rolls up to being an objection.
Cheers,
Berard
--------- Original Message ---------
Subject: [council] Draft Letter to BGC From: "Neuman, Jeff" <Jeff.Neuman@neustar.us <mailto:Jeff.Neuman@neustar.us>> Date: 6/17/13 1:09 pm To: "'jrobinson@afilias.info'" <jrobinson@afilias.info <mailto:jrobinson@afilias.info>>, "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au <mailto:Bruce.Tonkin@melbourneit.com.au>>, "council@gnso.icann.org <mailto:council@gnso.icann.org>" <council@gnso.icann.org <mailto:council@gnso.icann.org>>
Bruce,
Thanks for forwarding this note on to the Council. Given the timing sensitivities, I would propose the Council tomorrow sending a note like the one below. Any objections?
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Board Governance Committee,
As you may be aware, the GNSO Council had the opportunity to review the BGC Recommendation on Reconsideration Request 13-3, which can be found at http://www.icann.org/en/groups/board/governance/reconsideration/recommendati... (Recommendation) during its regular monthly Council call on June 16, 2013.
Although the Council in no way intends to interfere with outcomes of Reconsideration Requests in general, we have some key concerns with the implications of the rationale used by the BGC in support of the Recommendation. These concerns were expressed during the Council call and on the Council mailing list and centered around the perceived potential impact of the Recommendation on the GNSO and more broadly, the bottom-up, multi-stakeholder model.
We therefore respectfully ask the BGC to withdraw the arguments used to support the ultimate rejection of the Reconsideration Request, and replace the rationale with something more in line with the scope of Reconsideration Requests as outlined in the ICANN Bylaws. In addition, we ask that we continue the dialogue on the this particular matter in July at the ICANN meeting in Durban.
Sincerely,
Jonathan Robinson
GNSO Council Chair
*Jeffrey J. Neuman**** **Neustar, Inc. / Vice President, Business Affairs*
*From:*owner-council@gnso.icann.org <mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] *On Behalf Of *Jonathan Robinson *Sent:* Monday, June 17, 2013 7:02 AM *To:* 'Bruce Tonkin'; council@gnso.icann.org <mailto:council@gnso.icann.org> *Subject:* RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... )
Bruce,
Thank-you for flagging this.
We will endeavour to provide you with this.
Jonathan
*From:*Bruce Tonkin [mailto:Bruce.Tonkin@melbourneit.com.au] *Sent:* 16 June 2013 23:52 *To:* council@gnso.icann.org <mailto:council@gnso.icann.org> *Subject:* RE: [council] GNSO Council Meeting - 13 June 2013 - Actionss arising from Item 6 (Reconsideration request ... )
Hello Jonathan,
For information- the Board Governance Committee is meeting on Tuesday 18 June at 21:00 UTC time.
A review of the rationale for reconsideration request 13.3 is on the agenda. Any materials you can provide before then would be useful.
I am expecting that the new gTLD program committee will then consider reconsideration request 13.3 at its meeting on 25 June 2013.
Regards,
Bruce Tonkin
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participants (4)
-
Neuman, Jeff -
Volker Greimann -
Winterfeldt, Brian -
Zahid Jamil