George: What Paul Keating said was " I respectfully request the Co-Chairs re-start the process by initiating WG calls so that the results of the email poll can be discussed and others encouraged to participate either by email or during the calls". So you are not echoing Paul in calling for me to step aside as Chair. But you have been calling for Petter and me to resign or be ejected for quite some time, so you are echoing yourself. As for my prior statement which you quoted, you alone do not constitute " a majority of the members of this WG". Indeed, right after you posted your declaration that I should step aside, Zak posted an email stating ", I believe that Phil and Petter should, and are entitled to carry on, and have worked tirelessly in the WG in their roles as co-chairs", which I appreciate and for which I thank him. Zak's statement seems to negate your own; one minus one equals zero, and zero is not a majority of anything. Allegations that the co-chairs were impermissibly attempting to manipulate this WG to a particular policy outcome and a call for our replacement constituted part of your Section 3.4 appeal. The co-chairs have been quite scrupulous throughout the life of this WG to affirm with policy staff that we were acting within the reasonable bounds of our discretion under the WG Guidelines, and there was no finding by the Council Liaison that we had violated the WG Guidelines and no action on your request for our removal. Susan Kawaguchi, as Council Liaison, has effectively stepped into the co-chair role and will administer tomorrow's call. However, I gather that you are quite displeased with Susan as well. In your 10-page Response to her 3-page Summary Report you characterize it as "gravely flawed", "replete with errors of fact and reasoning", and "inconsistent with the requirements of GNSO policymaking": declare that "Ms. Forrest and Ms. Kawaguchi call into question their own commitment to neutrality and integrity of process", were "making up the rules as they go along", and that "all that Ms. Forrest and Ms. Kawaguchi have done is replace one proposed anonymous poll... with another anonymous poll"; alleged that Summary Report language revealed "demonstrable bias by those creating the summary report, who are supposed to be neutral"; and concluded with a declaration that "the Summary Report is seriously deficient, repeating the mistakes that led to the Section 3.7 appeal". And that's just a sampling of the criticisms contained in your Response. I feel certain that members of the GNSO Council will be quite surprised by these allegations of ineptness, incompetence, and bias on the part of the Council Chair and the Liaison to this WG, given the generally high regard in which they are held by their peers, based upon their own interactions with and observations of them. In conclusion, if and when I ever choose to resign my position as Co-Chair of this WG it will be based upon factors I have weighed in my own mind, and not in response to your ceaseless criticism and hectoring. Philip Philip S. Corwin Policy Counsel VeriSign, Inc. 12061 Bluemont Way Reston, VA 20190 703-948-4648/Direct 571-342-7489/Cell "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of George Kirikos Sent: Wednesday, May 09, 2018 9:41 AM To: gnso-igo-ingo-crp@icann.org Subject: [EXTERNAL] Re: [Gnso-igo-ingo-crp] LET'S GET BACK TO WORK!!!!!!!!!! To echo what Paul Keating has said, let me remind the working group of what Phil told the group back in October, when the procedural issues first arose: https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2017-October/000877.html "Finally, If a majority of the members of this WG believe that the co-chairs are managing it in an inadequate or biased manner, and are in any way suppressing members’ viewpoints or relevant facts, I for one will be happy to step aside and let them select a replacement to handle the task of completing our work and gaining approval of the final product by the GNSO Council." You should step aside, Phil, for the good of the work. Folks are ready to complete the work, but you're not recognizing the viewpoints and relevant facts that are being presented transparently on this list. I don't want to be Chair, by the way (one of my asks in the Section 3.7 appeal was for a neutral chair to be appointed, so we can finish our work). Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Wed, May 9, 2018 at 8:05 AM, Paul Keating <Paul@law.es> wrote:
Petter,
With all respect I find your email below to be both misleading and counter-productive.
George’s appeal had the goals set out in the body of the appeal. They never changed during the appeal process. I know because was a participant in most, if not all of the conference calls dealing with the appeal. And frankly I supported his position and right to appeal.
The appeal was driven largely by the perception that the co-chairs were attempting to force the group to adopt their preferred option (#3). In an effort to support #3, the co-chairs referenced attempted to paint it as the only politically acceptable solution. You both also attempted to undermine opposition by painting it as originating from a group that was representative of only one group that was economic aligned.
Since the appeal process began there has been no work undertaken by the WG. The attempt by staff and Council representatives to describe consensus has been flawed in-as-muchas it did not properly count let alone describe the results of their “investigation”.
Things have continued to fester and no process has been made towards developing a final report. There have been no calls and no post-appeal attempt by any of the co-chairs to investigate, confirm or consilidate consensus so that drafting of a final report can begin.
As to George’s recent attempt to solicit consensus views, I applaud him and have participated. His attempts are merely filling the vacuum left as a result of non-action by the co-chairs. You will also note that contrary to the initial idea (an anonymous poll) that was suggested by Co-chairs (which lead to the appeal), George’s email reflects a transparent approach that includes the member name.
The “replies” from Phil – and now from you – do not address any of the substantive issues we are facing as a WG. Rather they seem to be more bickering about process. We need to move past this and get back to work.
As a member I respectfully request the the Co-Chairs re-start the process by initiating WG calls so that the results of the email poll can be discussed and others encouraged to participate either by email or during the calls.
Sincerely,
Paul Raynor Keating, Esq.
Law.es
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From: Gnso-igo-ingo-crp <gnso-igo-ingo-crp-bounces@icann.org> on behalf of Petter Rindforth <petter.rindforth@fenixlegal.eu> Reply-To: <petter.rindforth@fenixlegal.eu> Date: Tuesday, May 8, 2018 at 11:42 PM To: "gnso-igo-ingo-crp@icann.org" <gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Something Magical Is Happening (was Re: Public Display of Possible Consensus)
Dear All WG members,
As you are all well aware about, it is one single WG member's action that has stopped us for finalizing our vote, decision and report. Mr Kirikos have been very distinct in his efforts to prevent us other WG members from continuing our work.
Mr Kirikos have indeed been successful in his plans to move the decision-making power from this WG to the GNSO Council.
All of us that have spent so many hours of our working time to find an acceptable solution have to live with this result.
If Mr Kirikos had had honest plans to work together for an acceptable and effective result, taking into account all groups of interest, we had already by the end of 2017 had the official vote, which is now unofficially for some reason initiated privately 5 months later, in a way that normally (if suggested by someone else) had been strongly opposed by Mr Kirikos...
It had indeed been good if we (the WG group) at least had possibilities to have informal meetings and discussions during these 5 months, but we had to follow the formalities and the fact that the section 3.7 appeal of December 19, 2017 was processing, and the result of that.
Finally, to all of you fellow WG members that joined this WG initially with the goal to find a workable solution on our topics, considering both IGO and domain holders interest, that have participated in discussions in a practical and decent way, providing good ideas during these years, it has indeed been a pleasure to work with you. I certainly hope that we in some way - despite the situation – can at least have some recommendations accepted (at least those others that we made conclusions on at an early stage) by GNSO Council.
Best, Petter
-- Petter Rindforth, LL M
Fenix Legal KB Stureplan 4c, 4tr 114 35 Stockholm Sweden Fax: +46(0)8-4631010 Direct phone: +46(0)702-369360 E-mail: petter.rindforth@fenixlegal.eu www.fenixlegal.eu
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8 maj 2018 21:49:02 +02:00, skrev George Kirikos <icann@leap.com>:
Hi Phil (and Heather/Susan/Donna/Rafik),
[changing the subject, so that the show of support thread isn't interfered with; the show of support thread is at:
https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-May/date.html
for Heather/Susan/Donna/Rafik to view]
1. The numbers in the summary report were wrong. Susan and/or ICANN staff wouldn't correct them, despite repeated requests. See:
https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-May/001140.html
2. Lots of other things were wrong with that Summary Report, which were ignored:
https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-April/001139.htm l
3. Susan even said, on April 26th:
"It is the role of the WG, not the liaison or the Council, to drive the effort to a final document for presentation to Council."
The working group, *not* the liaison or the Council. We're driving the effort ourselves, with or without you. Notice she said "WG", and not "Chair", either.
4. This isn't the "anonymous" poll that I objected to via the Section 3.7 appeal, either.
5. This isn't even a "poll" -- re-read the post at:
https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-May/001142.html
whereby folks are publicly and transparently displaying their support on the mailing list, just like they've been trying to do during calls and on the mailing list in the past.
6. Consensus is being reached, whether you like it or not. Our hard work isn't going to be hijacked by that tiny minority that backs Option #3 (i.e. presumably you, Petter and someone else, if the "3" in the summary report is even accurate).
If you're unwilling to recognize that we're forming a consensus, then you might want to contemplate resigning as co-chair. I think the GNSO Council would face a constitutional crisis if Heather/Susan submit any report that doesn't recognize the *actual* level of support for the options that exists, that members are prepared to go on the record about (unfiltered by staff or Susan in their faulty "summary report").
7. I'd like to know if Petter feels the same way as you do, in his capacity as co-chair, or whether he's willing to recognize that something magical is happening, that we're finally coalescing around a consensus. Is Petter going to stand with Phil, or recognize this consensus?
8. The recordings of the calls between you/Petter and Susan/Heather have still not been posted to the wiki (despite being requested already). Why don't you see that they get posted, with transcripts? You'll have a lot of time between now and then, since you've said you have "nothing further to say." Is there something in those recordings that you don't want the public to see? Remember the transparency requirements of ICANN and the working group, and that my call was already posted.
9. I hope others who are interested in displaying publicly their support for the various options will not be deterred by Phil's post, and will continue to work to drive this PDP to a successful conclusion.
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Tue, May 8, 2018 at 3:09 PM, Corwin, Philip <pcorwin@verisign.com> wrote:
While I nominally remain co-chair of this WG, control over it has essentially been assumed by the Chair of the GNSO Council via the Council Liaison, as the WG's authority is solely derived from Council.
I find it both ironic and sad that the WG was brought to a halt by Mr. Kirikos months ago because the co-chairs proposed to poll the full WG membership to initiate the consensus call process, and that he persisted in that appeal even after the co-chairs modified that proposal to assure that the poll would be conducted in a fully transparent matter -- yet now he has elected to conduct his own poll.
Mr. Kirikos has no authority under the GNSO WG Guidelines to conduct such a poll and its results have no official status.
I must also note that option 4 -- referral of any decisions on the IGO CRP matter to the RPM Review WG -- is fundamentally incompatible with any of the other options, which would make policy decisions now within the IGO CRP WG. Yet several members are supporting both option 4 and others. Whether that RPM WG will address IGO immunity issues specifically, or sovereign immunity issues more generally, and whether addressing that subject requires a Charter change, will be determined by its membership at the appropriate time.
The Recommended Next Steps contained in the "SUMMARY REPORT FROM THE GNSO COUNCIL LIAISON ON THE CURRENT STATUS OF CONSULTATIONS WITH THE IGO-INGO CURATIVE RIGHTS PDP WORKING GROUP (12 April 2018)" continue to be those that govern this WG as it comes to a conclusion.
I know that some members of this WG may wish to engage me in debate or dialogue regarding the above statement, but I shall have nothing further to say in advance of Thursday's call.
Philip S. Corwin Policy Counsel VeriSign, Inc. 12061 Bluemont Way Reston, VA 20190 703-948-4648/Direct 571-342-7489/Cell
"Luck is the residue of design" -- Branch Rickey
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