Dear Paul, Anne, Justine, all, The purpose of the agenda item was to consider the proposed changes made to incorporate recent deliberations, but then to also consider the more substantive changes stemming from what we knew of Paul McGrady’s proposal. As we have all seen, that text has evolved quite a bit from his redlines quite some time ago to what is reflected below, with some of those adjustments obviously taking place since the agenda was shared with the WG. What I’ve done is capture the revised text as comments to the relevant recommendations/implementation guidance, so that during the Thursday WG call, the rest of the group can have the opportunity to better understand what might be changing. Hopefully this serves as a good middle ground. Best, Steve From: "Aikman-Scalese, Anne" <AAikman@lrrc.com> Date: Tuesday, May 5, 2020 at 3:25 PM To: Justine Chew <justine.chew@gmail.com>, Steve Chan <steve.chan@icann.org>, Julie Hedlund <julie.hedlund@icann.org>, Emily Barabas <emily.barabas@icann.org> Cc: "gnso-newgtld-wg@icann.org" <gnso-newgtld-wg@icann.org> Subject: [Ext] RE: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 07 May at 03:00 UTC for 90 Minutes Thanks Justine. It strikes me that the Google doc should reflect the language that Paul has confirmed this morning – as proposed in the most recent form by you. Anne From: Justine Chew <justine.chew@gmail.com> Sent: Tuesday, May 5, 2020 3:20 PM To: Aikman-Scalese, Anne <AAikman@lrrc.com>; Steve Chan <steve.chan@icann.org>; Julie Hedlund <julie.hedlund@icann.org>; Emily Barabas <emily.barabas@icann.org> Cc: gnso-newgtld-wg@icann.org Subject: Re: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 07 May at 03:00 UTC for 90 Minutes [EXTERNAL] Correction: The SECOND block of text is my proposed amended version (incorporating Anne's) to Paul's suggested amendment to one recommendation. The FIRST block of text refers to SUBSEQUENT recommendation which is one of the grounds cited to support for my SECOND block of text. But, are we looking again at the original text developed by Leadership/staff (if that's still on the table because that's what I saw on the version of Googledoc shared by staff in the agenda?). Thanks, Justine ----- On Wed, 6 May 2020, 05:56 Aikman-Scalese, Anne, <AAikman@lrrc.com> wrote: Steve et al, At this point, the language shown is Agenda Item 2 is no longer on the table. The current draft is shown below: "Section 3.1 of the 2012 Applicant Guidebook states that GAC Advice “will create a strong presumption for the ICANN Board that the application should not be approved.” Noting that this language does not have a basis in the current version of the ICANN Bylaws, the Working Group recommends omitting this language in future versions of the Applicant Guidebook to bring the Applicant Guidebook in line with the Bylaws language. The Working Group further notes that the language may have the unintended consequence of hampering the ability for applicants, ICANN org, and the GAC to mitigate concerns and reach a mutually acceptable solution as described in the relevant Bylaws language, which could allow an application to proceed." AND Recommendation xx: To the extent that the GAC provides GAC Consensus Advice (as defined in the ICANN Bylaws) in the future on categories of TLDs, the GAC should provide this Advice prior to the finalization of the next Applicant Guidebook. In the event that GAC Consensus Advice is issued after the application period has begun and whether the GAC Consensus Advice applies to categories, groups or classes of applications or string types, or to a particular string, the ICANN Board should take into account the circumstances resulting in such timing and the possible detrimental effect of such timing in determining whether to accept or override such GAC Consensus Advice as provided in the Bylaws." From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> On Behalf Of mail@christopherwilkinson.eu CW Sent: Tuesday, May 5, 2020 1:53 PM To: Steve Chan <steve.chan@icann.org>; Julie Hedlund <julie.hedlund@icann.org>; gnso-newgtld-wg@icann.org Subject: Re: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 07 May at 03:00 UTC for 90 Minutes [EXTERNAL] Steve: On a Point of Order, it is not acceptable that the extreme opinions of a sole member should take precedence over those of the GAC members, among others. At the very least, Points 2 and 3 must be inverted in the Agenda. CW El 5 de mayo de 2020 a las 22:19 Steve Chan <steve.chan@icann.org> escribió: Dear WG Members, In support of agenda item 2b, the WG-Chairs and staff have sought to integrate the deliberations from the 4 May 2020 call and update the proposal, which you will find attached. The updated proposal, under the header “Hybrid Proposal 2+ for discussion on 7 May”, can be found starting on page 3. In addition to updating the proposal, we have tried to identify several questions that the WG was still discussing on the previous call. Best, Steve From: Gnso-newgtld-wg <gnso-newgtld-wg-bounces@icann.org> on behalf of Julie Hedlund <julie.hedlund@icann.org> Date: Monday, May 4, 2020 at 1:10 PM To: "gnso-newgtld-wg@icann.org" <gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Proposed Agenda - New gTLD Subsequent Procedures PDP WG - Thursday, 07 May at 03:00 UTC for 90 Minutes Dear all, Please find below the proposed agenda for the call on Thursday, 07 May 2020 at 03:00 UTC for 90 minutes. Note that for agenda item 2a below, WG members should: Review the latest version of 2.8.1 Objections [GAC Consensus Advice and GAC Early Warning Only]: https://docs.google.com/document/d/1REdkptQvv6OTf3l5kyM2AhRG5Mk0vQpC_PArk_pO... [docs.google.com] Review the proposed edits from Paul McGrady: “[ In the event that GAC Consensus Advice is issued after the application period has begun and the GAC Consensus Advice applies to categories, groups or classes of applications or string types, the ICANN Board should take into account the circumstances resulting in such timing and the detrimental effect of such timing when considering such GAC Consensus Advice which should result in a strong presumption against the Board adopting such late GAC Consensus Advice.]” Review the Compilation of GAC input on Draft Recommendations of GNSO SubPro PDP WG on future New gTLDs at: http://mm.icann.org/pipermail/gnso-newgtld-wg/2020-May/002759.html and attached Proposed Agenda: Review Agenda/Updates to Statements of Interest Discussion of Final Report Topics: a. 2.8.1 Objections [GAC Consensus Advice and GAC Early Warning Only]: https://docs.google.com/document/d/1REdkptQvv6OTf3l5kyM2AhRG5Mk0vQpC_PArk_pO... [docs.google.com] Revisions since the WG Discussion Suggested text from Paul McGrady GAC Comments (attached) b. 2.1 Auctions: Mechanisms of Last Resort & 2.2 Private Resolution of Contention Sets (including Private Auctions) – Document TBD AOB If you need a dial out or would like to submit an apology, please email gnso-secs@icann.org. Kind regards, Julie _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy [icann.org]) and the website Terms of Service (https://www.icann.org/privacy/tos [icann.org]). 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