Update on appeal filed under Section 3.7 of the Working Group Guidelines
Dear all, For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B. On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group. Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly. We believe Phil and Petter will follow up with everyone on the mailing list. Thanks and cheers Mary and Steve
Hi Mary Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started? Sincerely, Paul Keating, Esq.
On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B.
On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group.
Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly.
We believe Phil and Petter will follow up with everyone on the mailing list.
Thanks and cheers Mary and Steve
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Dear all, Please find attached a summary of points regarding how to move forward, based on the outcome of the discussions between George Kirikos and the Working Group co-chairs. The attachment is being sent on behalf of the co-chairs. Working Group members are kindly invited to provide your feedback on the various questions raised for your consideration, in the hope that everyone can reach agreement as to how to move forward, including the engagement of a facilitator (if agreed). Thanks and cheers Mary and Steve From: Paul Keating <paul@law.es> Date: Thursday, January 25, 2018 at 11:05 To: Mary Wong <mary.wong@icann.org> Cc: "gnso-igo-ingo-." <gnso-igo-ingo-crp@icann.org> Subject: [Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines Hi Mary Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started? Sincerely, Paul Keating, Esq. On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote: Dear all, For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_iAS8B&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=xSMvKI_fnOEM-bOUt_qEGxoybelYlQ66zIqNgi8lwEk&s=T-IguuwYQKN6GJAAKr2Qx9OfArU6dHmyjxj4WjBIEuA&e=>. On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group. Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly. We believe Phil and Petter will follow up with everyone on the mailing list. Thanks and cheers Mary and Steve _______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
Hi folks, The co-chairs' summary and proposed path forward doesn't match up with what was agreed on the January 18, 2018 call. I even wrote a summary email (to the participants of the call) immediately after the call, and here it is in its entirety: ----- start of summary email of January 18, 2018 ----------------- Thanks to everyone for a very productive call. We were at risk of getting side-tracked a few times, but in the end it's nice to see we found a way forward (subject to the input of the working group members). So, the "action items" seem to be: 1) tell the rest of the PDP working group about our proposed way forward (i.e. asking GNSO council for facilitator, brainstorming that, promoting it for maximum participation, Doodle poll to find best times for all 25 people, etc.) Possible use of a "regular" poll should the facilated process not reach the desired result/consensus. Regular poll would have docs prepared in advance outlining all the options, and agreed upon questions to ask (not solely created by the co-chairs). 2) tell GNSO council to remove the agenda item provisionally added for the January 30 meeting (eliminates need at this moment to respond to this week's PDF, and keeps everything within our PDP working group going for now) ----- start of summary email of January 18, 2018 ----------------- (1) in particular matches up with what's in the transcript of the call (see page 30 of transcript at https://community.icann.org/display/gnsoicrpmpdp/2018-01-18+Discussion+Call ) A poll (non-anonymous, and agreed to by all before it got sent out, unlike the last one) was supposed to be a "last resort", *IF* the facilitated process to reach consensus failed. In other words, if it was ever to take place, it would only be *after* the facilitated process. Instead, the co-chairs are proposing a poll *before* such a facilitated process, which I don't agree with. That was not part of the January 18, 2018 agreement. Then they're proposing analysis of such poll results too, *before* the facilitated session(s). Instead of actually consulting with the working group members (e.g. via a Doogle poll) to find a date/time that can yield the maximum participation of the membership, as was agreed, the co-chairs are instead proposed it for ICANN61. Anyhow, I don't agree with the newly proposed process at all, as it doesn't reflect what was agreed on January 18, 2018. If the co-chairs are reneging on that agreement, I intend to invoke Section 3.7 again. I suggest the co-chairs instead propose what was actually agreed to on January 18, 2018, namely: 1. the use of a facilitator to assist in reaching working group consensus (with broad outreach to pick a date/time that is suitable for maximum participation) 2. if that facilitated process is held and is unable to reach the consensus, a last resort non-anonymous poll that is created by the group (not solely by the co-chairs like last time) would be done Sincerely, George Kirikos 416-588-0269 http://www.leap.com/ On Wed, Jan 31, 2018 at 11:14 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
Please find attached a summary of points regarding how to move forward, based on the outcome of the discussions between George Kirikos and the Working Group co-chairs. The attachment is being sent on behalf of the co-chairs.
Working Group members are kindly invited to provide your feedback on the various questions raised for your consideration, in the hope that everyone can reach agreement as to how to move forward, including the engagement of a facilitator (if agreed).
Thanks and cheers
Mary and Steve
From: Paul Keating <paul@law.es> Date: Thursday, January 25, 2018 at 11:05 To: Mary Wong <mary.wong@icann.org> Cc: "gnso-igo-ingo-." <gnso-igo-ingo-crp@icann.org> Subject: [Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines
Hi Mary
Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started?
Sincerely,
Paul Keating, Esq.
On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B[community.icann.org].
On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group.
Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly.
We believe Phil and Petter will follow up with everyone on the mailing list.
Thanks and cheers
Mary and Steve
_______________________________________________ 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
I do not support the use of a facilitator. I support the co-chairs’ use of a public and transparent poll. I do not see the need for another call. David W. Maher Public Interest Registry Senior Vice-President – Law & Policy +1 312 375 4849 From: Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces@icann.org] On Behalf Of Mary Wong Sent: Wednesday, January 31, 2018 10:14 PM To: Paul Keating <paul@law.es> Cc: gnso-igo-ingo-. <gnso-igo-ingo-crp@icann.org> Subject: Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines Dear all, Please find attached a summary of points regarding how to move forward, based on the outcome of the discussions between George Kirikos and the Working Group co-chairs. The attachment is being sent on behalf of the co-chairs. Working Group members are kindly invited to provide your feedback on the various questions raised for your consideration, in the hope that everyone can reach agreement as to how to move forward, including the engagement of a facilitator (if agreed). Thanks and cheers Mary and Steve From: Paul Keating <paul@law.es<mailto:paul@law.es>> Date: Thursday, January 25, 2018 at 11:05 To: Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> Cc: "gnso-igo-ingo-." <gnso-igo-ingo-crp@icann.org<mailto:gnso-igo-ingo-crp@icann.org>> Subject: [Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines Hi Mary Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started? Sincerely, Paul Keating, Esq. On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org<mailto:mary.wong@icann.org>> wrote: Dear all, For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_iAS8B&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=xSMvKI_fnOEM-bOUt_qEGxoybelYlQ66zIqNgi8lwEk&s=T-IguuwYQKN6GJAAKr2Qx9OfArU6dHmyjxj4WjBIEuA&e=>. On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group. Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly. We believe Phil and Petter will follow up with everyone on the mailing list. Thanks and cheers Mary and Steve _______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org<mailto:Gnso-igo-ingo-crp@icann.org> https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
I agree with David. Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com On Thu, Feb 1, 2018 at 8:37 AM, David W. Maher <dmaher@pir.org> wrote:
I do not support the use of a facilitator.
I support the co-chairs’ use of a public and transparent poll.
I do not see the need for another call.
David W. Maher
Public Interest Registry
Senior Vice-President – Law & Policy
+1 312 375 4849 <(312)%20375-4849>
*From:* Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces@icann.org] *On Behalf Of *Mary Wong *Sent:* Wednesday, January 31, 2018 10:14 PM *To:* Paul Keating <paul@law.es> *Cc:* gnso-igo-ingo-. <gnso-igo-ingo-crp@icann.org> *Subject:* Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines
Dear all,
Please find attached a summary of points regarding how to move forward, based on the outcome of the discussions between George Kirikos and the Working Group co-chairs. The attachment is being sent on behalf of the co-chairs.
Working Group members are kindly invited to provide your feedback on the various questions raised for your consideration, in the hope that everyone can reach agreement as to how to move forward, including the engagement of a facilitator (if agreed).
Thanks and cheers
Mary and Steve
*From: *Paul Keating <paul@law.es> *Date: *Thursday, January 25, 2018 at 11:05 *To: *Mary Wong <mary.wong@icann.org> *Cc: *"gnso-igo-ingo-." <gnso-igo-ingo-crp@icann.org> *Subject: *[Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines
Hi Mary
Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started?
Sincerely,
Paul Keating, Esq.
On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B[community.icann.org] <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_i...> .
On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group.
Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly.
We believe Phil and Petter will follow up with everyone on the mailing list.
Thanks and cheers
Mary and Steve
_______________________________________________ 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
I do not feel we can honestly carry on as before given a number of very serious other substantive matters have also not been properly discussed yet. For example: I want to see a substantive revision of the final report because the Swaine Memo is quite simply not relevant to what the working group is considering namely that it is the IGO who is initiating the proceedings. Most of the Swaine reasoning is predicated around the case where a TM Holder initiates a dispute against a domain already owned by an IGO. An error of this magnitude needs to be corrected before any poll options are drafted. Please can the co-chairs confirm that they are prepared to discuss this matter fully? Thank you Paul. On Thu, Feb 1, 2018 at 8:28 PM, Mike Rodenbaugh <mike@rodenbaugh.com> wrote:
I agree with David.
Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 <(415)%20738-8087> http://rodenbaugh.com
On Thu, Feb 1, 2018 at 8:37 AM, David W. Maher <dmaher@pir.org> wrote:
I do not support the use of a facilitator.
I support the co-chairs’ use of a public and transparent poll.
I do not see the need for another call.
David W. Maher
Public Interest Registry
Senior Vice-President – Law & Policy
+1 312 375 4849 <(312)%20375-4849>
*From:* Gnso-igo-ingo-crp [mailto:gnso-igo-ingo-crp-bounces@icann.org] *On Behalf Of *Mary Wong *Sent:* Wednesday, January 31, 2018 10:14 PM *To:* Paul Keating <paul@law.es> *Cc:* gnso-igo-ingo-. <gnso-igo-ingo-crp@icann.org> *Subject:* Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines
Dear all,
Please find attached a summary of points regarding how to move forward, based on the outcome of the discussions between George Kirikos and the Working Group co-chairs. The attachment is being sent on behalf of the co-chairs.
Working Group members are kindly invited to provide your feedback on the various questions raised for your consideration, in the hope that everyone can reach agreement as to how to move forward, including the engagement of a facilitator (if agreed).
Thanks and cheers
Mary and Steve
*From: *Paul Keating <paul@law.es> *Date: *Thursday, January 25, 2018 at 11:05 *To: *Mary Wong <mary.wong@icann.org> *Cc: *"gnso-igo-ingo-." <gnso-igo-ingo-crp@icann.org> *Subject: *[Ext] Re: [Gnso-igo-ingo-crp] Update on appeal filed under Section 3.7 of the Working Group Guidelines
Hi Mary
Can you clarify how the process of obtaining the facilitator will work and let us know when that can get started?
Sincerely,
Paul Keating, Esq.
On Jan 25, 2018, at 6:40 PM, Mary Wong <mary.wong@icann.org> wrote:
Dear all,
For your information, the second call between George Kirikos (who filed the appeal under Section 3.7 of the GNSO Working Group Guidelines) and Working Group co-chairs Phil Corwin and Petter Rindforth took place on Thursday 18 January. Also on the call were Paul Keating and Paul Tattersfield (Working Group members who supported George’s appeal) and ICANN Ombudsman Herb Waye (in an observer capacity). The recording and transcript of the call can be found on the Working Group wiki space here: https://community.icann.org/x/iAS8B[community.icann.org] <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_i...> .
On the call, agreement was reached to take the suggestion of requesting a facilitator’s assistance to the Working Group.
Staff has completed our action item from the call, which was to advise the GNSO Council leadership and Working Group liaison to remove the planned agenda item concerning Phil’s and Petter’s December 2017 request from the Council’s 30 January meeting agenda. We confirm that the Council’s agenda has been amended accordingly.
We believe Phil and Petter will follow up with everyone on the mailing list.
Thanks and cheers
Mary and Steve
_______________________________________________ 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
_______________________________________________ Gnso-igo-ingo-crp mailing list Gnso-igo-ingo-crp@icann.org https://mm.icann.org/mailman/listinfo/gnso-igo-ingo-crp
participants (6)
-
David W. Maher -
George Kirikos -
Mary Wong -
Mike Rodenbaugh -
Paul Keating -
Paul Tattersfield