Thanks Tony and Malcolm, Sorry for the late response. Disagreement is part of a multistakeholder approach. Consensus building does not always achieve its goals. That's why I found Kristina's statement too harsh. But sometimes there's not disagreement but misunderstanding. And a proud stubbornness of not wanting to understand. That's why I supported it. Jaime Wagner jaime@powerself.com.br Direto (51) 3219-5955 Cel (51) 8126-0916 Geral (51) 3233-3551 DDG: 0800-703-6366 www.powerself.com.br -----Mensagem original----- De: owner-ispcp@gnso.icann.org [mailto:owner-ispcp@gnso.icann.org] Em nome de Tony Holmes Enviada em: sexta-feira, 8 de abril de 2011 08:57 Para: 'Malcolm Hutty'; 'Jaime Wagner - PowerSelf' Cc: ispcp@icann.org Assunto: RE: [Bayesian] Re: [ispcp] ENC: Council Motions Malcolm/All Thanks for your comments. I agree with many of the points you make but we're in a difficult situation here. Historically in cases like this where there is a stand-off between parties in the GNSO the Board choose not to act. In this case that means our concerns wouldn't get addressed. If the motion helps to change that then I don't think anyone could say the multi-stakeholder process has failed. Just left to the Board to decide whether to engage, without this motion being passed would probably result in no further action and indeed claims could then be made that the process fails to put in place the required checks that ensure an open, competitive, environment built on the multi-stakeholder process. That said, the issues you raise are cause for concern and the wording could certainly be improved, although we may be too late. Jaime/Wolf-Ulrich - Is there still a possibility to propose 'friendly' amendments to this text? Tony -----Original Message----- From: owner-ispcp@gnso.icann.org [mailto:owner-ispcp@gnso.icann.org] On Behalf Of Malcolm Hutty Sent: 08 April 2011 10:56 To: Jaime Wagner - PowerSelf Cc: ispcp@icann.org; tonyarholmes@btinternet.com Subject: [Bayesian] Re: [ispcp] ENC: Council Motions On Thu, 7 Apr 2011 16:30:55 -0300, Jaime Wagner - PowerSelf wrote:
Dear All,
I would like your comments on the RAA Amendment Motion below that criticizes the Contracted parties Voting systematically as a block to block any amendment to the RAA.
I'm inclined to vote for option B, but would like to hear comments. Sorry for the short notice.
(The following is just my personal opinion) To be honest, although I sympathise with the underlying sentiments I'm not entirely comfortable with either motion. I'm not keen on the ISPCP voting for a motion that appears to assert that the ICANN multistakeholder process has irretrievably failed, as these appear motions to do. I'm also reluctant to accuse the Registrars of acting bad faith all along, in a formal motion. I would prefer a motion that asserted our previous positions, noted that gNSO was an advisory Council to the Board, and stated that if the gNSO council is unable to reach a conclusion due to the sustained block by one particular community, the Board would be forced to take notice of the fact that the entire non-contracted community supports one approach. This gets us to much the same place in terms of decision-making, but instead of saying the ICANN multistakeholder process has failed, asserts that it includes a conflict-resolver of last resort, namely the Board, warns the Registrars that they rely on the Board supporting them against the rest of the community united at their peril, and invites the Board to look behind the lack of a formal gNSO conclusion. Of course, I recognise that there is no resolution to that effect on the table, and even if it were NCUC would be unlikely to support it. So I leave you with these comments and trust our leadership to make a judgement call on how best to proceed. Malcolm.