RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed Revised Footnote

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

This makes sense.  Is it clear to everyone that if the ICANN Board says, 
"Sorry, GNSO, we don't want you to suspend because we need an answer - go back 
to the drawing board,"  then that is what will happen?

Deadlock is deadly for ICANN.  If GNSO can't work effectively and the Board has 
to act (pursuant to GAC Advice or otherwise), then Fadi's "oasis" announced in 
Dubai becomes more of a "quagmire" and pressure increases to take control away 
from ICANN.

I only raise this because it seems to me the question will come up at the GNSO 
level.

Anne

[cid:749593717@07122012-1BBA]Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP * Suite 700
One South Church Avenue * Tucson, Arizona 85701-1611
Tel (520) 629-4428 * Fax (520) 879-4725
AAikman@xxxxxxxxx<mailto:AAikman@xxxxxxxxx> * 
www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
P Please consider the environment before printing this e-mail.
This e-mail contains legally privileged and confidential information
intended only for the individual or entity named within the message.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or
copying of this communication is prohibited.  If this communication
was received in error, please notify us by reply e-mail and delete the original 
message.


________________________________
From: J. Scott Evans [mailto:jscottevans@xxxxxxxxx]
Sent: Friday, December 07, 2012 10:20 AM
To: Julie Hedlund; Aikman-Scalese, Anne; gnso-improvem-impl-sc@xxxxxxxxx
Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed 
Revised Footnote

I can live with that and I don't think this require further public comment 
since it merely clarifies the suspension.

jse

j. scott evans -  head of global brand, domains & copyright - Yahoo! Inc. - 
408.349.1385 - jscottevans@xxxxxxxxx


________________________________
From: Julie Hedlund <julie.hedlund@xxxxxxxxx>
To: "Aikman-Scalese, Anne" <AAikman@xxxxxxxxx>; 
"gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
Sent: Friday, December 7, 2012 8:40 AM
Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed 
Revised Footnote

Thanks Anne.  Then, would you want "until further notice" to be deleted?  If 
so, here's an amended text for all to review.

Best regards,
Julie

"Suspension is a STATED 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. A mere change in milestones or schedule of the PDP is not 
considered a suspension."

From: <Aikman-Scalese>, Anne <AAikman@xxxxxxxxx<mailto:AAikman@xxxxxxxxx>>
Date: Thursday, December 6, 2012 4:32 PM
To: "gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>, 
Julie Hedlund <julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>>
Subject: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed 
Revised Footnote

What is the relationship between "stated" and "until further notice"? If 
"stated" applies, then it seems that "until further notice" would not apply. 
Anne

Sent from my Android phone using TouchDown (www.nitrodesk.com)

-----Original Message-----
From: Julie Hedlund [julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>]
Received: Thursday, 06 Dec 2012, 2:15pm
To: gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx> 
[gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>]
Subject: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed Revised 
Footnote

Dear SCI members,

As we discussed on today's call, J. Scott has proposed a clarification to the 
footnote text for the PDP Manual, Section 15, on Suspending a PDP.  Please 
review the revised following text with the change in bold all caps:

"Suspension is a STATED 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. A mere change in milestones or schedule of 
the PDP is not considered a suspension."

For reference, I have included the entire section below so that the footnote 
may be viewed in context.

It was suggested on the call that if this clarification is accepted by the SCI 
members it will not require a new public comment period.

**Please send any comments by COB Monday, 10 December so that if the SCI 
decides to submit a motion it may do so by the deadline of Wednesday, 12 
December.**

With best regards,

Julie

Julie Hedlund, Policy Director

15.    Termination of PDP prior to Final Report
The GNSO Council may terminate or 
suspend[1]<http://us-mg6.mail.yahoo.com/neo/#_ftn1> 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 orsuspension. 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 issignificantly impaired and unable to effectively 
conclude its deliberations due to lack of volunteer participation.

If there is no recommendation from the PDP Team for its termination, the 
Council is required to conduct a public comment forum first prior to conducting 
a vote on the termination of the PDP (as described above).

________________________________
[1]<http://us-mg6.mail.yahoo.com/neo/#_ftnref1> Suspension is a STATED 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 furthernotice. 
A mere change in milestones or schedule of the PDP is not considered a 
suspension.

________________________________
For more information about Lewis and Roca LLP, please go to 
www.lewisandroca.com<http://www.lewisandroca.com/>.
Phoenix (602)262-5311           Reno (775)823-2900
Tucson (520)622-2090            Albuquerque (505)764-5400
Las Vegas (702)949-8200         Silicon Valley (650)391-1380
  This message is intended only for the use of the individual or entity to 
which it is addressed. If the reader of this message is not the intended 
recipient, or the employee or agent responsible for delivering the message to 
the intended recipient, you are hereby notified that any dissemination, 
distribution or copying of this message is strictly prohibited. If you have 
received this communication in error, please notify us immediately by replying 
to the sender of this E-Mail by return E-Mail or by telephone.
  In accordance with Internal Revenue Service Circular 230, we advise you that 
if this email contains any tax advice, such tax advice was not intended or 
written to be used, and it cannot be used, by any taxpayer for the purpose of 
avoiding penalties that may be imposed on the taxpayer.