All: I am sending to the entire SCI a proposal relating to the "consensus (etc.) against" issue we have been discussing. This was circulated to the subteam (Amr, Cintra, Thomas and Mary) earlier this week. Based on discussions in and after Singapore, this proposal does not change the Decision-Making Levels language in the text of the PDP Manual. Instead, this proposal contains a new explanatory footnote appended to the list of existing consensus levels. (Please note that I have included the discussion of "divergence" in the footnote because a few people in the IGO/INGO Working Group insisted that the situation should be described as "Divergence" even though it was clear that a strong majority of the Working Group had coalesced around a position actively opposing a recommendation. While their position was (in my opinion) more political than logical, I thought it should be dealt with nonetheless.) I suggest that, if and when this is handed up to the GNSO Council, we should note to the Council that we found a number of notable linguistic/drafting flaws in the consensus levels. However, after prior revisions and deliberation, we restrained ourselves from fixing these flaws at this time so that the "consensus against" issue could be dealt with in isolation and with clarity. I suggest that we recommend that the drafting issues be dealt with in the near future. I look forward to your comments. 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 www.reedsmith.com * * * This E-mail, along with any attachments, is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any other person. Thank you for your cooperation. * * * To ensure compliance with Treasury Department regulations, we inform you that, unless otherwise indicated in writing, any U.S. Federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or applicable state and local provisions or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein. Disclaimer Version RS.US.20.10.00