Hello Thomas, There are three methods by which a PDP can be initiated: From: http://www.icann.org/general/bylaws.htm#AnnexA a. Board Initiation. The Board may initiate the PDP by instructing the GNSO Council ("Council") to begin the process outlined in this Annex. b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made. c. Advisory Committee Initiation. An Advisory Committee may raise an issue for policy development by action of such committee to commence the PDP, and transmission of that request to the GNSO Council. With respect to Council initiation, it is usually a constituency within the GNSO that requests its representative/s to propose a motion to initiate a PDP. The Council does not need to respond as a whole to an individual from the ICANN community that requests a PDP. I recommend that individual Council members that have been contacted by members of the community with an issue, first discuss the issue within their constituencies to see if there is support for the GNSO to initiate a PDP in this area. If there is support, a Council member should propose a motion (giving at least 7 days notice prior to a Council meeting for all members to consider the motion) to initiate a PDP in this area. The first step after initiation of the PDP will be to request an issues report from the ICANN Staff Manager. Regards, Bruce Tonkin
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, 4 November 2004 3:50 AM To: council@gnso.icann.org Subject: [council] PDP request (fwd)
Hello all,
I received privately the mail attached below from Danny Younger asking to initiate a PDP in regard to the modified deletion processes of some registrars. Could the ICANN legal council please advice us on how to proceed with this request.
Regards,
tom
--
Thomas Keller
Domain Services Schlund + Partner AG Brauerstrasse 48 Tel. +49-721-91374-534 76135 Karlsruhe, Germany Fax +49-721-91374-215 http://www.schlund.de tom@schlund.de
Bruce: Although I generally remain a quiet observer on this list and during the calls, I just wanted to provide some additional insight in connection with this exchange as Danny not only sent me an email but also called me personally on the phone regarding this matter. First, I fully agree with your analysis on the appropriate way for a PDP to be initiated. The concern that Danny had raised with me was that he was not a member of any constituency, and there are no formally approved ALAC structures within the North American region. I originally recommended that he contact Thomas as the ALAC representative to the GNSO Council, however, Thomas' recent departure further limited Danny's options available to him. In my discussion with Danny as well as Alejandro, the other GNSO Board representative, I believe that getting an opinion from ICANN's general counsel or deputy general counsel would be the most prudent course of action if the GNSO Council believed that this matter merited further consideration. I hope that these comments prove useful to the general Council, and I applaud your continued leadership and guidance as Chair of the Council. Best regards, Michael D. Palage -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of Bruce Tonkin Sent: Wednesday, November 03, 2004 5:43 PM To: council@gnso.icann.org Subject: [council] Initiating a PDP Hello Thomas, There are three methods by which a PDP can be initiated: From: http://www.icann.org/general/bylaws.htm#AnnexA a. Board Initiation. The Board may initiate the PDP by instructing the GNSO Council ("Council") to begin the process outlined in this Annex. b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made. c. Advisory Committee Initiation. An Advisory Committee may raise an issue for policy development by action of such committee to commence the PDP, and transmission of that request to the GNSO Council. With respect to Council initiation, it is usually a constituency within the GNSO that requests its representative/s to propose a motion to initiate a PDP. The Council does not need to respond as a whole to an individual from the ICANN community that requests a PDP. I recommend that individual Council members that have been contacted by members of the community with an issue, first discuss the issue within their constituencies to see if there is support for the GNSO to initiate a PDP in this area. If there is support, a Council member should propose a motion (giving at least 7 days notice prior to a Council meeting for all members to consider the motion) to initiate a PDP in this area. The first step after initiation of the PDP will be to request an issues report from the ICANN Staff Manager. Regards, Bruce Tonkin
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, 4 November 2004 3:50 AM To: council@gnso.icann.org Subject: [council] PDP request (fwd)
Hello all,
I received privately the mail attached below from Danny Younger asking to initiate a PDP in regard to the modified deletion processes of some registrars. Could the ICANN legal council please advice us on how to proceed with this request.
Regards,
tom
--
Thomas Keller
Domain Services Schlund + Partner AG Brauerstrasse 48 Tel. +49-721-91374-534 76135 Karlsruhe, Germany Fax +49-721-91374-215 http://www.schlund.de tom@schlund.de
I agree. The matter raised by Danny Younger may not need a PDP. It may be simply a violation of the registrar's contract with ICANN. We don't need a PDP to remedy that. Marc Schneiders On Thu, 4 Nov 2004, at 11:27 [=GMT-0500], Michael D. Palage wrote:
Bruce:
Although I generally remain a quiet observer on this list and during the calls, I just wanted to provide some additional insight in connection with this exchange as Danny not only sent me an email but also called me personally on the phone regarding this matter.
First, I fully agree with your analysis on the appropriate way for a PDP to be initiated. The concern that Danny had raised with me was that he was not a member of any constituency, and there are no formally approved ALAC structures within the North American region. I originally recommended that he contact Thomas as the ALAC representative to the GNSO Council, however, Thomas' recent departure further limited Danny's options available to him.
In my discussion with Danny as well as Alejandro, the other GNSO Board representative, I believe that getting an opinion from ICANN's general counsel or deputy general counsel would be the most prudent course of action if the GNSO Council believed that this matter merited further consideration.
I hope that these comments prove useful to the general Council, and I applaud your continued leadership and guidance as Chair of the Council.
Best regards,
Michael D. Palage
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of Bruce Tonkin Sent: Wednesday, November 03, 2004 5:43 PM To: council@gnso.icann.org Subject: [council] Initiating a PDP
Hello Thomas,
There are three methods by which a PDP can be initiated: From: http://www.icann.org/general/bylaws.htm#AnnexA
a. Board Initiation. The Board may initiate the PDP by instructing the GNSO Council ("Council") to begin the process outlined in this Annex.
b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made.
c. Advisory Committee Initiation. An Advisory Committee may raise an issue for policy development by action of such committee to commence the PDP, and transmission of that request to the GNSO Council.
With respect to Council initiation, it is usually a constituency within the GNSO that requests its representative/s to propose a motion to initiate a PDP.
The Council does not need to respond as a whole to an individual from the ICANN community that requests a PDP.
I recommend that individual Council members that have been contacted by members of the community with an issue, first discuss the issue within their constituencies to see if there is support for the GNSO to initiate a PDP in this area. If there is support, a Council member should propose a motion (giving at least 7 days notice prior to a Council meeting for all members to consider the motion) to initiate a PDP in this area. The first step after initiation of the PDP will be to request an issues report from the ICANN Staff Manager.
Regards, Bruce Tonkin
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, 4 November 2004 3:50 AM To: council@gnso.icann.org Subject: [council] PDP request (fwd)
Hello all,
I received privately the mail attached below from Danny Younger asking to initiate a PDP in regard to the modified deletion processes of some registrars. Could the ICANN legal council please advice us on how to proceed with this request.
Regards,
tom
--
Thomas Keller
Domain Services Schlund + Partner AG Brauerstrasse 48 Tel. +49-721-91374-534 76135 Karlsruhe, Germany Fax +49-721-91374-215 http://www.schlund.de tom@schlund.de
Mike, I'll take the opportunity - which I also very deliberately don't use - to reinforce your point and Marc's further point: that we not be pressured into an unneccessary or, even worse, trivial or abusive, application of the PDP provisions. Yours, Alejandro Pisanty . . . . . . . . . . . . . . . . . . . . . . . . . Dr. Alejandro Pisanty Director General de Servicios de Computo Academico UNAM, Universidad Nacional Autonoma de Mexico Av. Universidad 3000, 04510 Mexico DF Mexico Tel. (+52-55) 5622-8541, 5622-8542 Fax 5622-8540 http://www.dgsca.unam.mx * ---->> Unete a ISOC Mexico, www.isoc.org Participa en ICANN, www.icann.org . . . . . . . . . . . . . . . . . . . . . . . . . . On Thu, 4 Nov 2004, Michael D. Palage wrote:
Date: Thu, 4 Nov 2004 11:27:55 -0500 From: Michael D. Palage <michael@palage.com> To: council@gnso.icann.org Subject: RE: [council] Initiating a PDP
Bruce:
Although I generally remain a quiet observer on this list and during the calls, I just wanted to provide some additional insight in connection with this exchange as Danny not only sent me an email but also called me personally on the phone regarding this matter.
First, I fully agree with your analysis on the appropriate way for a PDP to be initiated. The concern that Danny had raised with me was that he was not a member of any constituency, and there are no formally approved ALAC structures within the North American region. I originally recommended that he contact Thomas as the ALAC representative to the GNSO Council, however, Thomas' recent departure further limited Danny's options available to him.
In my discussion with Danny as well as Alejandro, the other GNSO Board representative, I believe that getting an opinion from ICANN's general counsel or deputy general counsel would be the most prudent course of action if the GNSO Council believed that this matter merited further consideration.
I hope that these comments prove useful to the general Council, and I applaud your continued leadership and guidance as Chair of the Council.
Best regards,
Michael D. Palage
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org]On Behalf Of Bruce Tonkin Sent: Wednesday, November 03, 2004 5:43 PM To: council@gnso.icann.org Subject: [council] Initiating a PDP
Hello Thomas,
There are three methods by which a PDP can be initiated: From: http://www.icann.org/general/bylaws.htm#AnnexA
a. Board Initiation. The Board may initiate the PDP by instructing the GNSO Council ("Council") to begin the process outlined in this Annex.
b. Council Initiation. The GNSO Council may initiate the PDP by a vote of at least twenty-five percent (25%) of the members of the Council present at any meeting in which a motion to initiate the PDP is made.
c. Advisory Committee Initiation. An Advisory Committee may raise an issue for policy development by action of such committee to commence the PDP, and transmission of that request to the GNSO Council.
With respect to Council initiation, it is usually a constituency within the GNSO that requests its representative/s to propose a motion to initiate a PDP.
The Council does not need to respond as a whole to an individual from the ICANN community that requests a PDP.
I recommend that individual Council members that have been contacted by members of the community with an issue, first discuss the issue within their constituencies to see if there is support for the GNSO to initiate a PDP in this area. If there is support, a Council member should propose a motion (giving at least 7 days notice prior to a Council meeting for all members to consider the motion) to initiate a PDP in this area. The first step after initiation of the PDP will be to request an issues report from the ICANN Staff Manager.
Regards, Bruce Tonkin
-----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, 4 November 2004 3:50 AM To: council@gnso.icann.org Subject: [council] PDP request (fwd)
Hello all,
I received privately the mail attached below from Danny Younger asking to initiate a PDP in regard to the modified deletion processes of some registrars. Could the ICANN legal council please advice us on how to proceed with this request.
Regards,
tom
--
Thomas Keller
Domain Services Schlund + Partner AG Brauerstrasse 48 Tel. +49-721-91374-534 76135 Karlsruhe, Germany Fax +49-721-91374-215 http://www.schlund.de tom@schlund.de
participants (4)
-
Alejandro Pisanty -
Bruce Tonkin -
Marc Schneiders -
Michael D. Palage