Members of this PDP have been duped (was Re: FW: [council] Motion and Final Report on Curative Rights PDP)
Hi folks, Did anyone else actually read yesterday's Motion that is going to GNSO Council? Rather than voting on the recommendations at the July 19th council meeting (that was the purported reason we were supposed to attempt to finish the report by yesterday), the actual resolution says: https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-July/001384.html (in the DOCX attachment) "2. In view of the need to consider the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers (including IGO acronyms), the GNSO Council intends to review this Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group between now and its August 2018 meeting, with a view toward developing a possible path forward that will also facilitate the resolution of the outstanding inconsistencies between GAC advice and prior GNSO policy recommendations on the overall scope of IGO protections. The GNSO Council confirms its intention to act on the recommendations that have been developed by the Working Group at the earliest opportunity following its review and deliberations on these topics. 3. To this end, ICANN staff is directed to inform the ICANN Board and the GAC that the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group has completed its work and forward a copy of the Final Report to them." So, who has the incentive to produce a half-complete report? Obviously it's someone who wants to justify deviating from its recommendations, if the report's supporting rationale isn't up to snuff (as I repeatedly pointed out, the draft reports from staff had major shortcomings). And now we see that exactly, as per the motion itself, what's going on --- GNSO Council intends to develop a "path forward" (i.e in other words,. deviate from the Final Report), and not actually vote on the Consensus Recommendations in July! In other words, they didn't like the consensus recommendations, and detractors have rigged the process to: a) create an incomplete report, so that they can then justify rejecting recommendations, and then b) allow themselves to put in their own recommendations in August or beyond Contrast this with the preceding IGO PDP, where the final report was submitted November 10, 2013: https://forum.icann.org/lists/gnso-igo-ingo/msg01091.html (mangled HTML) https://forum.icann.org/lists/gnso-igo-ingo/msg01092.html (easier to read at the bottom of this email instead) and then they voted to accept it 10 days later at the November 20, 2013 meeting: https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-coun... https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-coun... https://gnso.icann.org/sites/default/files/filefield_42701/voting-igo-ingo-r... "Item 5: MOTION – To approve the Recommendations for IGO-INGO Protections ... The motion carried unanimously." We've been duped, and the process continues to be manipulated. The process is rigged. How does GNSO Council (i.e. Susan, Heather, etc.) reconcile yesterday's "deadline", with the now obvious fact that they aren't going to be voting on it in July? Also, when is my Section 3.7 call with Heather or her designated rep going to take place? (given we had one already with Petter) Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Mon, Jul 9, 2018 at 8:01 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
Please be informed that Susan has now submitted a motion and a copy of the Final Report to the GNSO Council (see below and attached). As confirmed by Susan and Petter to this mailing list, please make sure that you send any minority statements that you may wish to have included (and that may include other comments that you may wish to make on the topic of this PDP) by 23.59 UTC on Friday 13 July. Staff will incorporate all minority statements received by that time into Annex B of the Final Report, where a placeholder for these statements has been added.
Thank you.
Best regards,
Mary & Steve
From: council <council-bounces@gnso.icann.org> on behalf of Susan Kawaguchi <susankpolicy@gmail.com> Date: Monday, July 9, 2018 at 19:44 To: GNSO Council List <council@gnso.icann.org> Cc: Petter Rindforth <petter.rindforth@fenixlegal.eu> Subject: [council] Motion and Final Report on Curative Rights PDP
Councilors,
As the Liaison for the Curative Rights PDP I am pleased to submit to Council the final PDP working group report and the Motion for Council.
Respectfully submitted,
Susan Kawaguchi
GNSO Councilor for the Business Constituency
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Hi folks, FYI, ICANN responded to the DIDP request I filed a month ago. It's attached, as it hasn't yet been posted to the ICANN website. As you can see, they provided absolutely no material in response to the requests, claiming that the calls were not recorded (which in itself is perplexing, given my calls on the same issues were all recorded, both with the co-chairs and with Heather), or that they fall under various conditions for Nondisclosure, and/or there's no public interest in seeing them. I respectfully disagree, and will file a Reconsideration Request. Given (a) I intended to rely on those documents for my Minority Report, (b) that we now know that the GNSO Council will not be voting on the Recommendations until August (at the earliest), and (c) I have received no response to repeated requests for the required Section 3.7 appeal call with Heather or her designated rep, I have decided that I will *not* be filing my Minority Report by Friday, but instead will be filing it 11 days before the topic comes up for a vote before GNSO Council (10 days is the documents deadline, and 1 day to allow ICANN staff to forward it). This might be 11 days before the August GNSO Council call, or some future date, should they decide to defer the vote to another meeting. Given that Phil/Petter might consider it an "unfair advantage" that I'd be able to view their Minority Reports when creating my own, I give them the choice as to whether they wish to still submit their Minority Reports by Friday, or defer them to the same date I intend to deliver my Minority Report. Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Tue, Jul 10, 2018 at 11:02 AM, George Kirikos <icann@leap.com> wrote:
Hi folks,
Did anyone else actually read yesterday's Motion that is going to GNSO Council? Rather than voting on the recommendations at the July 19th council meeting (that was the purported reason we were supposed to attempt to finish the report by yesterday), the actual resolution says:
https://mm.icann.org/pipermail/gnso-igo-ingo-crp/2018-July/001384.html (in the DOCX attachment)
"2. In view of the need to consider the topic of curative rights protections for IGOs in the broader context of appropriate overall scope of protection for all IGO identifiers (including IGO acronyms), the GNSO Council intends to review this Final Report from the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group between now and its August 2018 meeting, with a view toward developing a possible path forward that will also facilitate the resolution of the outstanding inconsistencies between GAC advice and prior GNSO policy recommendations on the overall scope of IGO protections. The GNSO Council confirms its intention to act on the recommendations that have been developed by the Working Group at the earliest opportunity following its review and deliberations on these topics.
3. To this end, ICANN staff is directed to inform the ICANN Board and the GAC that the IGO-INGO Access to Curative Rights Mechanisms PDP Working Group has completed its work and forward a copy of the Final Report to them."
So, who has the incentive to produce a half-complete report? Obviously it's someone who wants to justify deviating from its recommendations, if the report's supporting rationale isn't up to snuff (as I repeatedly pointed out, the draft reports from staff had major shortcomings).
And now we see that exactly, as per the motion itself, what's going on --- GNSO Council intends to develop a "path forward" (i.e in other words,. deviate from the Final Report), and not actually vote on the Consensus Recommendations in July! In other words, they didn't like the consensus recommendations, and detractors have rigged the process to:
a) create an incomplete report, so that they can then justify rejecting recommendations, and then b) allow themselves to put in their own recommendations in August or beyond
Contrast this with the preceding IGO PDP, where the final report was submitted November 10, 2013:
https://forum.icann.org/lists/gnso-igo-ingo/msg01091.html (mangled HTML) https://forum.icann.org/lists/gnso-igo-ingo/msg01092.html (easier to read at the bottom of this email instead)
and then they voted to accept it 10 days later at the November 20, 2013 meeting:
https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-coun... https://archive.icann.org/meetings/buenosaires2013/en/schedule/wed-gnso-coun... https://gnso.icann.org/sites/default/files/filefield_42701/voting-igo-ingo-r... "Item 5: MOTION – To approve the Recommendations for IGO-INGO Protections ... The motion carried unanimously."
We've been duped, and the process continues to be manipulated. The process is rigged.
How does GNSO Council (i.e. Susan, Heather, etc.) reconcile yesterday's "deadline", with the now obvious fact that they aren't going to be voting on it in July? Also, when is my Section 3.7 call with Heather or her designated rep going to take place? (given we had one already with Petter)
Sincerely,
George Kirikos 416-588-0269 http://www.leap.com/
On Mon, Jul 9, 2018 at 8:01 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
Please be informed that Susan has now submitted a motion and a copy of the Final Report to the GNSO Council (see below and attached). As confirmed by Susan and Petter to this mailing list, please make sure that you send any minority statements that you may wish to have included (and that may include other comments that you may wish to make on the topic of this PDP) by 23.59 UTC on Friday 13 July. Staff will incorporate all minority statements received by that time into Annex B of the Final Report, where a placeholder for these statements has been added.
Thank you.
Best regards,
Mary & Steve
From: council <council-bounces@gnso.icann.org> on behalf of Susan Kawaguchi <susankpolicy@gmail.com> Date: Monday, July 9, 2018 at 19:44 To: GNSO Council List <council@gnso.icann.org> Cc: Petter Rindforth <petter.rindforth@fenixlegal.eu> Subject: [council] Motion and Final Report on Curative Rights PDP
Councilors,
As the Liaison for the Curative Rights PDP I am pleased to submit to Council the final PDP working group report and the Motion for Council.
Respectfully submitted,
Susan Kawaguchi
GNSO Councilor for the Business Constituency
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
participants (1)
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George Kirikos