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

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

Many thanks, Marika - very helpful.  Whether or not the Board calls its 
questions a "Request for an Issue Report" that then results in initiation of a 
PDP seems less important substantively than the reference to continuing 
consultation with the Board as to  "scope, timing, and priority". This 
discussion illustrates why I think there has to be some provision for 
communication with or involvement of the Board in connection with a GNSO vote 
to suspend a PDP which is commenced as a result of a Board request for 
"answers" or for an Issue Report. A unilateral suspension by GNSO of a PDP 
(even on Supermajority vote) where the PDP was initiated as a result of such a 
Board request, is problematic if the Board needs to act. Is there a provision 
for providing the Board with a full report as to the status of the PDP and 
maybe summarizing the differing opinions expressed where no consensus was 
reached in the event of termination or suspension?  We should not leave the 
Board in the position where it has to say, "We cannot act because the GNSO has 
not acted and has not answered our questions."  This is particularly 
unsatisfactory where the GAC has asked the Board to address an issue.   Anne


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 . www.LewisandRoca.com/Aikman
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-----Original Message-----
From: owner-gnso-improvem-impl-sc@xxxxxxxxx 
[mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Sunday, December 09, 2012 4:05 AM
To: KnobenW@xxxxxxxxxx; avri@xxxxxxx; gnso-improvem-impl-sc@xxxxxxxxx
Subject: Re: AW: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a PDP--Proposed 
Revised Footnote

To clarify, there are currently two Board requested PDPs, one on the RAA 
('Resolved (2011.10.28.33), the Board also requests the creation of an Issue 
Report to undertake a GNSO policy development process (PDP) as quickly as 
possible to address remaining items suited for a PDP) and the recently 
requested Issue Report on the purpose of Whois ('hereby directs preparation of 
an Issue Report on the purpose of collecting and maintaining gTLD registration 
data, and on solutions to improve accuracy and access to gTLD registration 
data, as part of a Board-initiated GNSO policy development process'). As 
pointed out by Avri, for PDPs initiated by the ICANN Board, there is no 
intermediate vote by the GNSO Council, the PDP automatically proceeds. However, 
the ICANN Bylaws foresee that in the case of a Board initiated PDP, 'the Board 
should provide a mechanism by which the GNSO  Council can consult with the 
Board to provide information on the scope, timing, and priority of the request 
for an Issue Report'. In addition to this mechanism, the ICANN Board and GNSO 
Council meet at every ICANN meeting where there is another opportunity to 
discuss and/or express concerns with regard to Board requested PDPs. For 
example, in relation to the RAA PDP, as a result of dialogue between the ICANN 
Board and GNSO Council it was agreed to 'suspend' the PDP until the RAA 
negotiations were near completion so that it would be clear which topics would 
need to be included in the PDP.

With best regards,

Marika

On 09/12/12 08:12, "KnobenW@xxxxxxxxxx" <KnobenW@xxxxxxxxxx> wrote:

>
>Thanks Avri, very helpful for understanding.
>
>
>Best regards
>Wolf-Ulrich
>
>
>-----Ursprüngliche Nachricht-----
>Von: owner-gnso-improvem-impl-sc@xxxxxxxxx
>[mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] Im Auftrag von Avri 
>Doria
>Gesendet: Sonntag, 9. Dezember 2012 05:39
>An: gnso-improvem-impl-sc@xxxxxxxxx
>Betreff: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a 
>PDP--Proposed Revised Footnote
>
>
>Hi,
>
>As I understand it, they have asked g-council for answers, but they 
>have not actually used the by-laws mechanism of requesting a PDP.  The 
>g-council has used the PDP as a method of deciding on answers.  These 
>are still g-council initiated PDPs.  Had the Board asked for the PDP, 
>there never would have been a vote in g-council to initiate the PDP.
>Specifically:
>
>"
>March 212 20120314-1
>Motion on the Initiation of a Policy Development Process (PDP) on 'thick'
>Whois
>
>Whereas the GNSO Council requested an Issue Report on 'thick' Whois at 
>its meeting on 22 September 2011 
>(seehttp://gnso.icann.org/resolutions/#201109);
>
>....
>"
>
>"
>November 2012 20121017-2
>Motion on the Initiation of a Policy Development Process on the 
>Protection of Certain International Organization Names in all GTLDs.
>
>Whereas the GNSO Council requested an Issue Report on the topic of 
>whether ICANN should approve additional protections for the names of 
>international organizations at the first and second levels in the New 
>gTLD Program.
>
>....
>"
>
>Under the by-laws, ANNEX A: GNSO POLICY DEVELOPMENT PROCESS
>
>"
>Section 3. Requesting an Issue Report
>
>Board Request. The Board may request an Issue Report by instructing the 
>GNSO Council ("Council") to begin the process outlined the PDP Manual. 
>In the event the Board makes a request for an Issue Report, the Board 
>should provide a mechanism by which the GNSO Council can consult with 
>the Board to provide information on the scope, timing, and priority of 
>the request for an Issue Report.
>
>....
>
>Section 5. Initiation of the PDP
>
>The Council may initiate the PDP as follows:
>
>Board Request: If the Board requested an Issue Report, the Council, 
>within the timeframe set forth in thePDP Manual, shall initiate a PDP. 
>No vote is required for such action.
>"
>
>avri
>
>
>On 9 Dec 2012, at 03:20, Aikman-Scalese, Anne wrote:
>
>> Must be my misunderstanding... I thought both the current whois PDP 
>>and IOC RC NGO PDP were requested by the ICANN Board. Anne
>>
>> Sent from my Android phone using TouchDown (www.nitrodesk.com)
>>
>> -----Original Message-----
>> From: Ron Andruff [randruff@xxxxxxxxxxxxxxx]
>> Received: Saturday, 08 Dec 2012, 3:06pm
>> To: 'Avri Doria' [avri@xxxxxxx]; gnso-improvem-impl-sc@xxxxxxxxx 
>>[gnso-improvem-impl-sc@xxxxxxxxx]
>> Subject: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a 
>>PDP--Proposed Revised Footnote
>>
>>
>> I support Avri's comments as well.  The Board's role is to commit 
>>policy  that has been developed through the bottom up process into 
>>rule by way of  resolution.  Although the history of the Board's 
>>actions to date might prove  otherwise, in an ever-maturing ICANN 
>>environment we should expect the Board  to conform to ICANN's basic 
>>principles.
>>
>> I support the footnote amendment as proposed.
>>
>> Kind regards,
>>
>> RA
>>
>> Ronald N. Andruff
>> RNA Partners, Inc.
>>
>>
>> -----Original Message-----
>> From: owner-gnso-improvem-impl-sc@xxxxxxxxx
>> [mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Avri 
>>Doria
>> Sent: Saturday, December 08, 2012 9:47 AM
>> To: gnso-improvem-impl-sc@xxxxxxxxx
>> Subject: Re: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a 
>>PDP--Proposed  Revised Footnote
>>
>>
>> Hi,
>>
>> I think the question of what the Board would do if g-council ever 
>>suspended  a PDP that they mandated is an open question.  I expect 
>>they would either  wait, question the postponement, or make one their 
>>preemptory decisions.
>> Since the Board has never yet, to my knowledge, mandated a PDP - 
>>though they  can - I do not think it is a critical issue at this 
>>point, and in any case  think it is a separate issue from the 
>>suspension mechanism.  All other PDPs  are g-council decsions, even if 
>>the issues report is requested by one of the  ACs.
>>
>> I am fine with the footnote. thanks.
>>
>> avri
>>
>>
>>
>> On 8 Dec 2012, at 18:26, <KnobenW@xxxxxxxxxx> <KnobenW@xxxxxxxxxx>
>>wrote:
>>
>> > Anne and all,
>> >
>> > this touches the question whether the board may overrule a council
>> decision on suspension because you're expressing an expectation that 
>>the  council should follow a related board request. I think this could 
>>be the  case depending on a council debate following the board request 
>>but there is  no obligation to do so.
>> >
>> > With this understanding, an you agree to the footnote provided by
>>Julie?
>> >
>> > Best regards
>> > Wolf-Ulrich
>> >
>> >
>> > Von: owner-gnso-improvem-impl-sc@xxxxxxxxx
>> [mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] Im Auftrag von 
>> Aikman-Scalese, Anne
>> > Gesendet: Freitag, 7. Dezember 2012 18:43
>> > An: 'J. Scott Evans'; Julie Hedlund; 
>> > gnso-improvem-impl-sc@xxxxxxxxx
>> > Betreff: RE: [gnso-improvem-impl-sc] FOR REVIEW: Suspending a
>> PDP--Proposed Revised Footnote
>> >
>> > 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
>> >
>> > <image001.gif>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 . 
>> > 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>
>> > Date: Thursday, December 6, 2012 4:32 PM
>> > To: "gnso-improvem-impl-sc@xxxxxxxxx"
>><gnso-improvem-impl-sc@xxxxxxxxx>,
>> Julie Hedlund <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]
>> > Received: Thursday, 06 Dec 2012, 2:15pm
>> > To: gnso-improvem-impl-sc@xxxxxxxxx 
>> > [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] 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] 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.
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