[gnso-improvem-impl-sc] RE: Proposed language to address suspending a PDP

["Aikman-Scalese, Anne" <AAikman@xxxxxxxxx>]

My question would be whether GNSO actually has authority to suspend a PDP that 
has been requested by the ICANN Board and if so, what is the source of that 
authority?  I have not checked the By-Laws as to the prior existence of the 
GNSO's authority to terminate a PDP so I don't know the origins of the 
authority for the addition of "or suspend".

I am also concerned that the stated reasons seem to be very accepting of the 
notion that we will experience completely ineffective PDP processes and that 
seems counter to the spirit of the organization.  For example, if a PDP is 
commenced on WhoIs, how easy will it be to reach a consensus on that one?  By 
listing these examples, do we create a sort of justification for giving up on 
an issue that seems too difficult?

Thank you,
Anne

[cid:960560116@24072012-01D9]Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
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www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
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________________________________
From: owner-gnso-improvem-impl-sc@xxxxxxxxx 
[mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Tuesday, July 24, 2012 1:00 AM
To: gnso-improvem-impl-sc@xxxxxxxxx
Subject: [gnso-improvem-impl-sc] Proposed language to address suspending a PDP

Dear All,

Following on from the last meeting, please find hereby the proposed language to 
be added to the PDP Manual to address suspending a PDP after initiation:

The GNSO Council may terminate or suspend* a PDP prior to the publication of a 
Final Report only for significant cause, upon a motion that passes with a 
Supermajority Vote in favour of termination or suspension. The following are 
illustrative examples of possible reasons for a premature termination or 
suspension of a PDP:

1. Deadlock. The PDP Team is hopelessly deadlocked and unable to identify 
recommendations or statements that have either the strong support or a 
consensus of its members despite significant time and resources being dedicated 
to the PDP;

2. Changing Circumstances. Events have occurred since the initiation of the PDP 
that have rendered the PDP moot, or no longer necessary, or warranting a 
suspension; or

3. Lack of Community Volunteers. Despite several calls for participation, the 
work of the PDP Team is significantly impaired and unable to effectively 
conclude its deliberations due to lack of volunteer participation.
* Suspension is a time interval during which there is a temporary cessation of 
the PDP, i.e. all activities are halted upon a decision of the GNSO Council 
until further notice.
This would be a modification of the current language of section 15 of the PDP 
manual (modified language in bold).

Looking forward to receiving your feedback.

With best regards,

Marika



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