Between Avri and Marika, I think they've covered and explained things superbly. I agree that what (and whether) the Board can/will do if the GNSO Council decides to suspend a Board-initiated PDP is a separate question from what we're considering - how to deal with that will be up to the Council. I think that the present wording, as amended after Anne's comment, works and I support it.
Cheers
Mary
Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@law.unh.edu
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
>>>
From:
Avri Doria <avri@acm.org>
To:
Date:
12/9/2012 6:28 AM
Subject:
Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed Revised Footnote
Thanks. I missed the RAA request being a Board PDP and forgot about the purpose of WHOIS one.
avri
On 9 Dec 2012, at 15:05, Marika Konings wrote:
> To clarify, there are currently two Board requested PDPs, one on the RAA
> ('Resolved (2011.10.28.33), the Board also requests the creation of an
> Issue Report to undertake a GNSO policy development process (PDP) as
> quickly as possible to address remaining items suited for a PDP) and the
> recently requested Issue Report on the purpose of Whois ('hereby directs
> preparation of an Issue Report on the purpose of collecting and
> maintaining gTLD registration data, and on solutions to improve accuracy
> and access to gTLD registration data, as part of a Board-initiated GNSO
> policy development process'). As pointed out by Avri, for PDPs initiated
> by the ICANN Board, there is no intermediate vote by the GNSO Council, the
> PDP automatically proceeds. However, the ICANN Bylaws foresee that in the
> case of a Board initiated PDP, 'the Board should provide a mechanism by
> which the GNSO
> Council can consult with the Board to provide information on the scope,
> timing, and priority of the request for an Issue Report'. In addition to
> this mechanism, the ICANN Board and GNSO Council meet at every ICANN
> meeting where there is another opportunity to discuss and/or express
> concerns with regard to Board requested PDPs. For example, in relation to
> the RAA PDP, as a result of dialogue between the ICANN Board and GNSO
> Council it was agreed to 'suspend' the PDP until the RAA negotiations were
> near completion so that it would be clear which topics would need to be
> included in the PDP.
>
> With best regards,
>
> Marika
>
> On 09/12/12 08:12, "KnobenW@telekom.de" <KnobenW@telekom.de> wrote:
>
>>
>> Thanks Avri, very helpful for understanding.
>>
>>
>> Best regards
>> Wolf-Ulrich
>>
>>
>> -----Ursprüngliche Nachricht-----
>> Von: owner-gnso-improvem-impl-sc@icann.org
>> [mailto:owner-gnso-improvem-impl-sc@icann.org] Im Auftrag von Avri Doria
>> Gesendet: Sonntag, 9. Dezember 2012 05:39
>> An: gnso-improvem-impl-sc@icann.org
>> Betreff: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>>
>>
>> Hi,
>>
>> As I understand it, they have asked g-council for answers, but they have
>> not actually used the by-laws mechanism of requesting a PDP. The
>> g-council has used the PDP as a method of deciding on answers. These are
>> still g-council initiated PDPs. Had the Board asked for the PDP, there
>> never would have been a vote in g-council to initiate the PDP.
>> Specifically:
>>
>> "
>> March 212 20120314-1
>> Motion on the Initiation of a Policy Development Process (PDP) on 'thick'
>> Whois
>>
>> Whereas the GNSO Council requested an Issue Report on 'thick' Whois at
>> its meeting on 22 September 2011
>> (seehttp://gnso.icann.org/resolutions/#201109);
>>
>> ....
>> "
>>
>> "
>> November 2012 20121017-2
>> Motion on the Initiation of a Policy Development Process on the
>> Protection of Certain International Organization Names in all GTLDs.
>>
>> Whereas the GNSO Council requested an Issue Report on the topic of
>> whether ICANN should approve additional protections for the names of
>> international organizations at the first and second levels in the New
>> gTLD Program.
>>
>> ....
>> "
>>
>> Under the by-laws, ANNEX A: GNSO POLICY DEVELOPMENT PROCESS
>>
>> "
>> Section 3. Requesting an Issue Report
>>
>> Board Request. The Board may request an Issue Report by instructing the
>> GNSO Council ("Council") to begin the process outlined the PDP Manual. In