Dear Pam and Carlton, Thank you both for your emails. The submitted motion has been published on the GNSO Council motion wiki page for the 18 February 2021 meeting: https://community.icann.org/x/SAtACQ Thank you, Kind regards, Nathalie From: council <council-bounces@gnso.icann.org> on behalf of Carlton Samuels <carlton.samuels@gmail.com> Date: Sunday, 7 February 2021 at 17:15 To: Pam Little <pam.little@alibaba-inc.com> Cc: "gnso-secs@icann.org" <gnso-secs@icann.org>, "council@gnso.icann.org" <council@gnso.icann.org> Subject: Re: [council] Motion: Initiation of a Policy Development Process to Review the Transfer Policy Dear Pam: I would wish to second this motion. This aside, to councilors and staff more familiar with these matters, I would like to know whether any consensus policy covers situations such as has emerged from the Net4India situation? I'm presuming that a compliance issue - perhaps a transfer request, singly or in bulk, from [a] registrant[s] in the middle of a bankruptcy declaration process - could have occurred before now. What is the compliance standby when asset conservation under court order could have frustrated compliance by the registrar? Best, Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 Strategy, Process, Governance, Assessment & Turnaround ============================= On Sat, Feb 6, 2021 at 6:47 PM Pam Little <pam.little@alibaba-inc.com<mailto:pam.little@alibaba-inc.com>> wrote: Dear Councilors, Please find attached a motion on Initiation of a Policy Development Process to Review the Transfer Policy to be considered at the GNSO Council meeting on 18 February 2021 at 19:00 UTC. Respectfully submitted, Pam Little _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/privacy/policy__;!!PtGJab4!...>) and the website Terms of Service (https://www.icann.org/privacy/tos [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/privacy/tos__;!!PtGJab4!oeF...>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

Jeff: Many thanks for the response. It definitely adds some information I was not aware of. I have been following the Net4India matter not just from the ICANN releases but through my contacts from the IG world who are domiciled in India. As you would imagine, the issue plays a little differently on the ground there than here; the lightning rod of course being national sovereignty. I continue to follow it. Best, Carlton ============================== *Carlton A Samuels* *Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround* ============================= On Mon, Feb 8, 2021 at 10:04 AM Jeff Neuman <jeff@jjnsolutions.com> wrote:

Carlton,

While not a consensus policy, ICANN has created a “De-Accreditation Process” which can be found at https://www.icann.org/en/system/files/files/dartp-11jul13-en.pdf.

Unfortunately, when dealing with Court Orders, especially ones that do have jurisdiction over the registrar, national sovereignty issues become much more complicated and I am not sure there is any Consensus Policy that could even address such a situation where as in Net4India, a Court orders that ICANN does not terminate the RAA until the bankruptcy proceedings are final.

Here is the latest from ICANN on the Net4India situation: https://www.icann.org/news/announcement-2021-01-29-en

Sincerely,

Jeff

Jeffrey J. Neuman

Founder & CEO

JJN Solutions, LLC

p: +1.202.549.5079

E: jeff@jjnsolutions.com

http://jjnsolutions.com

*From:* council <council-bounces@gnso.icann.org> *On Behalf Of *Carlton Samuels *Sent:* Sunday, February 7, 2021 11:15 AM *To:* Pam Little <pam.little@alibaba-inc.com> *Cc:* gnso-secs@icann.org; council@gnso.icann.org *Subject:* Re: [council] Motion: Initiation of a Policy Development Process to Review the Transfer Policy

Dear Pam:

I would wish to second this motion.

This aside, to councilors and staff more familiar with these matters, I would like to know whether any consensus policy covers situations such as has emerged from the Net4India situation? I'm presuming that a compliance issue - perhaps a transfer request, singly or in bulk, from [a] registrant[s] in the middle of a bankruptcy declaration process - could have occurred before now. What is the compliance standby when asset conservation under court order could have frustrated compliance by the registrar?

Best,

Carlton

============================== *Carlton A Samuels*

*Mobile: 876-818-1799 Strategy, Process, Governance, Assessment & Turnaround* =============================

On Sat, Feb 6, 2021 at 6:47 PM Pam Little <pam.little@alibaba-inc.com> wrote:

Dear Councilors,

Please find attached a motion on Initiation of a Policy Development Process to Review the Transfer Policy to be considered at the GNSO Council meeting on 18 February 2021 at 19:00 UTC.

Respectfully submitted,

Pam Little

_______________________________________________ council mailing list council@gnso.icann.org https://mm.icann.org/mailman/listinfo/council

_______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.