Dear all, Please note two outstanding items at this time that require your attention. The first is the Consensus Call, first issued on 30 April and with a reminder sent on 19 May, on the SCI's recommendation regarding Working Group Consensus Levels. We have yet to hear back from the following SG/Cs ­ Registries SG; Registrars SG; and the ISPCP constituency. Once again, if you¹ve responded on your group¹s behalf and I missed it, please accept my apologies and do let me know right away. Please let me know also if you need me to resend the proposal to you. ** If no objections or proposed changes to the last draft circulated on the dates mentioned above are received by Friday 30 May 2014, it will be presumed to have been accepted by Full Consensus of the SCI ** Secondly, please refer to Greg¹s email and attachment below for the second outstanding action item on the SCI¹s list, on Waivers/Exceptions to the GNSO Operating Procedures. Please circulate any questions, comments or suggestions you or your groups may have on the proposed language for further discussion pending next week¹s meeting and preparation for a Consensus Call on this particular item. Lastly, the sub group on Electronic/Remote Voting will continue its work on a draft proposal for submission to the full SCI for discussion soon. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names & Numbers (ICANN) Telephone: +1 603 574 4892 Email: mary.wong@icann.org * One World. One Internet. * From: <Shatan>, "Gregory S." <GShatan@reedsmith.com> Date: Tuesday, May 13, 2014 at 4:07 PM To: Mary Wong <mary.wong@icann.org>, "gnso-improvem-impl-sc@icann.org" <gnso-improvem-impl-sc@icann.org> Subject: RE: Consensus Call? (Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft)

All:

Based on today¹s call and discussion on the email list, I am circulating the latest version of the Proposed Language for Waiver/Exceptions to the 10-day Motion Deadline. The Proposed Language is in italics in the attached documents. New language responding to comments by Anne Aikman-Scalese on the list has been added (in track changes).

Also, in this version, I have removed language recently suggested to clarify that ³resubmitted motions² are also eligible for the waiver. This language had been suggested due to a parenthetical clause in Section 4.3.3, which made it seem as if resubmitted motions would not be eligible for the waiver. Instead, I have proposed that the clause in 4.3.3. be removed. A revised version of Section 4.3.3 is also attached. It was the sense of those on the call that we should get to the root of the ambiguity, even though it meant that the new language in 4.3.3. would also need to be part of the public comment process.

I look forward to any thoughts and comments you may have.

Best regards,

Greg Shatan

Gregory S. Shatan Partner IP | Technology | Media ReedSmithLLP The business of relationships 599 Lexington Avenue New York, NY 10022 212.549.0275 | Phone 917.816.6428 | Mobile 212.521.5450 | Fax gshatan@reedsmith.com www.reedsmith.com

From: owner-gnso-improvem-impl-sc@icann.org [mailto:owner-gnso-improvem-impl-sc@icann.org] On Behalf Of Mary Wong Sent: Wednesday, April 30, 2014 2:56 PM To: gnso-improvem-impl-sc@icann.org Subject: Consensus Call? (Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft)

Dear SCI members,

Please find attached the latest version of the proposed language relating to Waivers/Exceptions for motions in the GNSO Operating Procedures. As noted in last week¹s call, the Consensus Call for this issue will be conducted via this email list.

Note, however, that we are suggesting a slight change to the language circulated by Greg and discussed in the email thread below. In reviewing the proposed language prior to circulation for a Consensus Call, we noted that the suggested Explanation in Greg¹s latest email (below) would entail a further change to the revised Resubmission of a Motion language in the GNSO Operating Procedures, which initial revisions were approved by the GNSO Council (see http://gnso.icann.org/en/council/resolutions#201403 <http://gnso.icann.org/en/council/resolutions#201403> ). As any further changes will have to be published for public comment, an alternative solution might be to add a sentence to the proposed Waivers/Exception language to address the concern voiced by Amr in an earlier email.

Please indicate whether you, on behalf of your respective stakeholder groups and/or constituencies, support or do not support the attached proposed language. If in light of this email note you wish to discuss the issue further prior to concluding the Consensus Call, please indicate this as well.

Thank you all! A second email relating to a Consensus Call for the separate issue of language relating to Working Group Consensus Levels will follow shortly.

Cheers

Mary

Mary Wong

Senior Policy Director

Internet Corporation for Assigned Names & Numbers (ICANN)

Telephone: +1 603 574 4892

Email: mary.wong@icann.org <mailto:mary.wong@icann.org>

* One World. One Internet. *

From: Ron Andruff <randruff@rnapartners.com <mailto:randruff@rnapartners.com>

...

Date: Thursday, April 24, 2014 at 6:13 PM To: "'Shatan, Gregory S.'" <GShatan@reedsmith.com <mailto:GShatan@reedsmith.com> >, 'Amr Elsadr' <aelsadr@egyptig.org <mailto:aelsadr@egyptig.org> > Cc: Marika Konings <marika.konings@icann.org <mailto:marika.konings@icann.org>

...

, "gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> " <gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> > Subject: RE: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

...

Thanks Greg and Amr. This looks like a good solution to me as well.

Kind regards,

RA

Ron Andruff RNA Partners www.rnapartners.com <http://www.rnapartners.com>

From:owner-gnso-improvem-impl-sc@icann.org <mailto:owner-gnso-improvem-impl-sc@icann.org> [mailto:owner-gnso-improvem-impl-sc@icann.org <mailto:owner-gnso-improvem-impl-sc@icann.org> ] On Behalf Of Shatan, Gregory S. Sent: Wednesday, April 23, 2014 20:51 To: 'Amr Elsadr' Cc: Marika Konings; gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> Subject: RE: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

I think the solution to this problem is to revise the language quoted below and keep the waiver section as is.

For example:

³1. Explanation: The Councilor submitting the motion must also submit an explanation for the resubmission of the motion. The explanation need not accompany the motion when it is resubmitted; however, the explanation must be submitted no later than the deadline for submitting the motion (i.e., no later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days before the Council meeting at which the motion is to be reconsidered, unless the requirements for late submission in Section 3.3.2 are also met). The explanation does not need to meet any requirements other than being submitted in a timely manner.²

Thoughts?

Greg

From: Amr Elsadr [mailto:aelsadr@egyptig.org <mailto:aelsadr@egyptig.org> ] Sent: Tuesday, April 22, 2014 4:53 PM To: Shatan, Gregory S. Cc: Marika Konings; gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

Hi Greg and all,

I know I¹ve brought this up repetitively and I hate being a nag, but there¹s still an inconvenient loophole in this text regarding resubmission of motions. On its meeting of March 26th, 2014, the GNSO Council approved the SCI recommendation to amend the GNSO Operating Procedures by adding sections 4.3.3 and 4.3.4 detailing the guidelines of motions being resubmitted. Section 4.3.3, claus number 1 reads as follows:

...

³1. Explanation: The Councilor submitting the motion must also submit an explanation for the resubmission of the motion. The explanation need not accompany the motion when it is resubmitted; however, the explanation must be submitted no later than the deadline for submitting the motion (i.e., no later than 23h59 Coordinated Universal Time (UTC) on the day 10 calendar days before the Council meeting at which the motion is to be reconsidered). The explanation does not need to meet any requirements other than being submitted in a timely manner.²

If the SCI determines that it would like the 10-day rule waiver to also apply to motions being resubmitted (and not exclusively to motions being submitted for the first time) in its recommendation to the Council, then there needs to be clarifying text to that effect. If the SCI does not recommend that the waiver should apply to resubmitted motions, then no further action is necessary. If the former is true, and not the latter, the the way I read it, the required clarification should either be added as a fourth bullet to 3.3.2 referencing 4.3.3, or perhaps an added numbered item to 4.3.4 (Limitations and Exceptions to Resubmission of a Motion) referring to the waiver rule in 3.3.2. Without these changes, I can¹t see how the text of the operating procedures will support the waiver rule being applied to resubmitted motions in the event that the need arises.

Thanks.

Amr

On Apr 22, 2014, at 9:53 PM, Shatan, Gregory S. <GShatan@reedsmith.com> wrote:

As discussed today on the SCI call, I agree with Marika¹s comment below, and I have deleted the sentence in question. In the attached draft, I have accepted all the changes from the prior draft and then deleted that sentence. There were no other comments on the list or on the call.

I would suggest that this draft should be considered final (subject only to ³accepting² the deletion of the sentence so that this is a clean document) for purposes of moving to the next step with this amendment to the Operating Procedures.

Best regards,

Greg

Gregory S. Shatan Partner Reed Smith LLP 599 Lexington Avenue New York, NY 10022 212.549.0275 (Phone) 917.816.6428 (Mobile) 212.521.5450 (Fax) gshatan@reedsmith.com <mailto:gshatan@reedsmith.com> www.reedsmith.com <http://www.reedsmith.com/>

From: Marika Konings [mailto:marika.konings@icann.org <mailto:marika.konings@icann.org> ] Sent: Thursday, April 17, 2014 4:34 AM To: Shatan, Gregory S.; gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> Subject: Re: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

Thanks, Greg. I'm still not clear to why it would say 'For the avoidance of doubt, if the requirements above are not met, the motion shall not be considered ³submitted²? Why can't it be considered submitted, but just not eligible to be considered for a vote at the meeting? The current practice is also that if a motion is submitted after the deadline it may get discussed, just not voted on during the meeting, but there is no need to resubmit it for the next meeting as it is already considered submitted and automatically carried over. Maybe I'm missing something?

Best regards,

Marika

From: <Shatan>, "Gregory S." <GShatan@reedsmith.com <mailto:GShatan@reedsmith.com> > Date: Thursday 17 April 2014 03:40 To: "gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> " <gnso-improvem-impl-sc@icann.org <mailto:gnso-improvem-impl-sc@icann.org> > Subject: [gnso-improvem-impl-sc] Waivers/Exceptions to GNSO Operating Procedures: Revised Draft

All:

Following up on our last meeting, I attach a revised version of the amendment to the Operating Procedures dealing with ³late² submission of a motion, with my revisions marked in ³track changes.²

I look forward to your comments.

Best regards,

Greg

Gregory S. Shatan Deputy Chair | Tech Transactions Group IP | Technology | Media ReedSmithLLP The business of relationships 599 Lexington Avenue New York, NY 10022 212.549.0275 | Phone 917.816.6428 | Mobile 212.521.5450 | Fax gshatan@reedsmith.com <mailto:gshatan@reedsmith.com> www.reedsmith.com <http://www.reedsmith.com/>

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