Re: [alac] DRAFT Request for Issues Report
At 05:45 PM 7/4/2006, Jacqueline Morris wrote: I think that what we really want is for ICANN staff to look into it and do a report of some kind that explains the situation, the pros and cons the impact on the different constituencies, etc. Precisely. That's what an "Issue Report" is, as described in <http://www.icann.org/general/bylaws.htm#AnnexA>. An ICANN staff manager creates the Issue Report and presents it to the GNSO Council for determination whether to initiate a PDP. Within fifteen (15) calendar days after receiving either (i) an instruction from the Board; (ii) a properly supported motion from a Council member; or (iii) a properly supported motion from an Advisory Committee, the Staff Manager will create a report (an "Issue Report"). Each Issue Report shall contain at least the following: a. The proposed issue raised for consideration; b. The identity of the party submitting the issue; c. How that party is affected by the issue; d. Support for the issue to initiate the PDP; e. A recommendation from the Staff Manager as to whether the Council should initiate the PDP for this issue (the "Staff Recommendation"). Each Staff Recommendation shall include the opinion of the ICANN General Counsel regarding whether the issue proposed to initiate the PDP is properly within the scope of the ICANN policy process and within the scope of the GNSO. In determining whether the issue is properly within the scope of the ICANN policy process, the General Counsel shall examine whether such issue: 1. is within the scope of ICANN's mission statement; 2. is broadly applicable to multiple situations or organizations; 3. is likely to have lasting value or applicability, albeit with the need for occasional updates; 4. will establish a guide or framework for future decision-making; or 5. implicates or affects an existing ICANN policy. It's true that matters are basically out of our hands after the Issue Report is requested, but that's a structural problem. The power we have is to raise an issue and then hope the process works from there. I suppose we could request a pre-Issue Report to help ALAC in framing questions on which to ask for an Issue Report, but it's hard to see what that gains us. --Wendy If this report shows that it is very impactful, we can then thinkabout moving forward. -- Wendy Seltzer -- wendy@xxxxxxxxxxx Visiting Assistant Professor of Law, Brooklyn Law School Fellow, Berkman Center for Internet & Society http://cyber.law.harvard.edu/seltzer.html http://www.chillingeffects.org/
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