BTW, you do realize, don’t you Pedro that you are rejecting not just Brett’s text, but Finn’s proposal as well. Does this not suggest that perhaps your view is isolated even within the GAC?

Paul

Paul Rosenzweig

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From: Pedro Ivo Ferraz da Silva [mailto:pedro.ivo@itamaraty.gov.br]
Sent: Friday, November 20, 2015 9:59 AM
To: 'Schaefer, Brett' <Brett.Schaefer@heritage.org>; s18@icann.org
Subject: [S18] RES: Slight variation on FInn's text

Dear Brett,

Thank you for the proposed text, but as it was stated during the call, the language below does not grant the GAC any flexibility to determine the definition of consensus in its decision-making process for the advice to be given to the Board (and for which the Board needs to try to find a mutually acceptable solution). As you know, this flexibility is essential for the GAC, as it was stated in the GAC Dublin Communiqué.

I would say that your previous proposal (from yesterday) was more closer to the spirit of compromise needed in the current stage of our work.

Regards,

Secretário Pedro Ivo Ferraz da Silva

Divisão da Sociedade da Informação (DI)

Ministério das Relações Exteriores - Brasil

T: + 55 61 2030-6609

Secretary Pedro Ivo Ferraz da Silva

Division of Information Society (DI)

Ministry of External Relations - Brazil

T: + 55 61 2030-6609

De: s18-bounces@icann.org [mailto:s18-bounces@icann.org] Em nome de Schaefer, Brett
Enviada em: sexta-feira, 20 de novembro de 2015 12:10
Para: s18@icann.org
Assunto: [S18] Slight variation on FInn's text

As I mentioned in the Adobe chat, here is the slightly modified text proposed by Finn.

The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. Any GAC advice approved by a GAC consensus, understood to mean the practice of adopting decisions by general agreement in the absence of any formal objection, may only be rejected by a vote of two-thirds (2/3) of the Board. Any advice approved by the GAC with objections from a very small minority of GAC members, but falling short of consensus, may be rejected by a majority vote of the Board. If the Board rejects GAC consensus advice, the Governmental Advisory Committee and the ICANN Board will try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution. Governmental Advisory Committee should ensure that their advice to the Board is clear.

The reason for this is that the Board should not be put in the position of negotiating between various GAC members. It should be up to the GAC to present a consensus position before the Board should be required to try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.

Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org