RE: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan Robinson

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

Thanks Julie,

I am curious as to why the last draft you sent actually modified language taken 
directly from the SCI Charter approved by Council in relation to the 
distinction between "immediate problems" referred by Council and "periodic 
review of all procedures and guidelines".  As a reminder, the bullet points 
below are taken DIRECTLY FROM THE CHARTER:


·         On request, for those procedures and guidelines that have been 
identified as presenting immediate problems

·         On a periodic timescale for all procedures and guidelines in order to 
identify possible issues and/or improvements (subject to a clear definition by 
SCI on which procedures and guidelines should be reviewed)

Although maximum participation is desirable, I am not sure we will find a 
mutually agreeable time. I am unavailable all day July 29 and 30 and have 
Policy & Implementation WG on Wednesday.  Since I am signing the letter as SCI 
Chair, I would want to be involved in the call.

In terms of reading the current draft, we would definitely need to restore the 
language as it reads in the Charter.  In addition, I don't think that at this 
point the letter really says anything other than "SCI is on hold and we want 
you to let us know as soon as we can start work."  I have to admit to being 
baffled as to why the Council would want to put SCI on hold as to the question 
of friendly amendments.  This is very unlikely to be a subject of GNSO Review.  
Is it possible that this was simply a sweeping gesture - as in, "we just don't 
have time to deal with this right now due to ICG deadlines for accountability."

I see that Avri is currently on the council agenda for 15 minutes on February 7 
and would suggest we ask them to move forward on the question of friendly 
amendments.  SCI work should not stop as a result of the IANA transition.  
Avri, would you be comfortable asking Council to let us proceed on the subject 
of friendly amendments? (I think you were the only one who objected to this 
previously.)

If so, I'll send another draft to the list.
Anne



[cid:image001.gif@01D0396E.8DDF93D0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>







From: Julie Hedlund [mailto:julie.hedlund@xxxxxxxxx]
Sent: Monday, January 26, 2015 12:36 PM
To: Aikman-Scalese, Anne; Mary Wong; Greg Shatan
Cc: Avri Doria; Thomas Rickert; Wolf-Ulrich Knoben; Lori Schulman; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>; Glen 
de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

Anne,

The Secretariat has sent a reminder for SCI members to respond as to whether 
they can attend the call tomorrow with a deadline to reply by the end of the 
day today.  Late today/early tomorrow we'll see how many responses we have and 
let you know, including which members specifically can attend.  We know already 
that Thomas, Greg, and Avri have conflicts for the meeting.  If we cannot get 
key participants to join the call tomorrow we'll ask the Secretariat to send 
out a Doodle to find a better time for a call.

Best regards,
Julie

From: <Aikman-Scalese>, Anne <AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx>>
Date: Monday, January 26, 2015 2:16 PM
To: Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>>, Greg Shatan 
<gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>>
Cc: Julie Hedlund <julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>>, 
Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>>, Thomas Rickert 
<rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>>, Wolf-Ulrich Knoben 
<wolf-ulrich.knoben@xxxxxxxxxxx<mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>, Lori 
Schulman <lori.schulman@xxxxxxxx<mailto:lori.schulman@xxxxxxxx>>, 
"gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>, Glen 
de Saint Géry <Glen@xxxxxxxxx<mailto:Glen@xxxxxxxxx>>
Subject: RE: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

Many thanks Mary.  I think again that these issues and observations are worth 
discussing.  Hopefully Stefania can participate in the call for purposes of 
agreeing on the letter now that we have Avri's comments.   I am also quite 
interested in active participation in this letter drafting process from Thomas, 
Wolf-Ulrich and other SCI participants if possible.  We have some very fine 
minds and highly experienced ICANN participants on SCI.  If they are available, 
we will have a better final product.

My proposed agenda for the call is as follows:


1.      Roll Call/ Update SOI

2.      Discuss the nature of "periodic review" in the work of SCI.

3.      Review draft of letter as revised.

4.      AOB

5.      Adjourn

Thank you,
Anne

[cid:image001.gif@01D0396E.8DDF93D0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: Mary Wong [mailto:mary.wong@xxxxxxxxx]
Sent: Friday, January 23, 2015 4:01 PM
To: Greg Shatan; Aikman-Scalese, Anne
Cc: Julie Hedlund; Avri Doria; Thomas Rickert; Wolf-Ulrich Knoben; Lori 
Schulman; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>; Glen 
de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

Dear all,

The policy staff supporting the SCI thought it might be helpful to add what we 
hope are clarifying comments to the ongoing discussion, which relate to three 
of the four topics highlighted in the draft letter.

- On #1 (Friendly Amendment to Motions), this is actually one of the potential 
topics for referral that the Council has temporarily put on hold following its 
last meeting on 15 January; see 
https://community.icann.org/display/gnsocouncilmeetings/Action+Items. It is 
therefore a topic already on the Council's radar as a possible topic for 
referral to the SCI; as such, we wonder if, for this paragraph, rather than 
recommending action the SCI may wish to request that the Council inform it 
(perhaps through the liaison) at the point when the Council takes up 
consideration of the issue again.

- On #3 (Review of WG Consensus Levels), we note from the language of the 
October 2014 GNSO Council resolution (which passed the three latest SCI 
recommendations unanimously) that the Council had expressly agreed to consider 
the SCI's request for a review of the Consensus Levels, and further expressly 
noted that this exercise may be conducted as part of "a broader exercise in 
reviewing all the GNSO Operating Procedures": see 
http://gnso.icann.org/en/council/resolutions#201410 - an exercise which the 
current draft letter lists as topic #4 (Review of GNSO Operating Procedures).

- In addition, the SCI has previously discussed (and staff had thought the SCI 
had agreed) that such a broad review should not occur independently of or 
without reference to the ongoing GNSO Review - at a minimum, we assume this 
means that any review to be initiated on the GNSO Operating Procedures would 
not take place till after the type and nature of the final recommendations from 
the GNSO Review are clearer.

- In light of the above points on #3, #4 and the GNSO Review, we therefore 
respectfully suggest that #3 be reworded to more accurately reflect the GNSO 
Council's intent as noted above; #4 refer expressly to the GNSO Review rather 
than a "periodic review" by the SCI, and perhaps the final paragraph be 
reworked if these suggestions are adopted.

We thought we ought to offer these suggestions at this time in order to provide 
further context and background for those SCI members who were not part of the 
Los Angeles discussion and/or who missed the last SCI call, so that the SCI can 
decide how it wishes to proceed in respect of the draft letter. In particular, 
given that we were able only to issue invitations for the next meeting at a 
time when Europe and Asia would have ended their work week, we hope that these 
comments are helpful.

Cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>


From: Greg Shatan <gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>>
Date: Friday, January 23, 2015 at 14:04
To: "Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx>>
Cc: Julie Hedlund <julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>>, 
Avri Doria <avri@xxxxxxx<mailto:avri@xxxxxxx>>, Thomas Rickert 
<rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>>, Wolf-Ulrich Knoben 
<wolf-ulrich.knoben@xxxxxxxxxxx<mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>, Lori 
Schulman <lori.schulman@xxxxxxxx<mailto:lori.schulman@xxxxxxxx>>, 
"gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>, Glen 
de Saint Géry <Glen@xxxxxxxxx<mailto:Glen@xxxxxxxxx>>
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

We may yet be able to resolve this on the list.  (Perhaps a scheduled meeting 
will further inspire us to do so.)

In that spirit, I attach a revised version of the letter, which is also 
available as an editable Google Doc at 
https://docs.google.com/document/d/1N2_MB5-K8u2SVTdTi2EnAvIuVCzPpFQb7FsM5fP3iQU/edit?usp=sharing

In response to Avri, I note that these 4 items were phrased as "possibilities" 
for the entire 2015 year, which leaves the question open of where in the year 
any of these items should be handled  I've added language to clarify that items 
3 and 4 should await the results of the GNSO Review.  On point number 2, I've 
tried to clarify the remaining issue a bit (the language of the actual 
Operating Procedures remains ambiguous, and the language put into the motion to 
"fix" the situation is not in the actual Operating Procedures).

If this meets Avri's concerns and the approval of all, we can send this out and 
give ourselves back an hour of our time.

I look forward to your responses.

Greg


Gregory S. Shatan

Partner | Abelman Frayne & Schwab

666 Third Avenue | New York, NY 10017-5621

Direct  212-885-9253 | Main 212-949-9022

Fax  212-949-9190 | Cell 917-816-6428

gsshatan@xxxxxxxxxxx<mailto:gsshatan@xxxxxxxxxxx>

ICANN-related: gregshatanipc@xxxxxxxxx<mailto:gregshatanipc@xxxxxxxxx>

www.lawabel.com<http://www.lawabel.com/>

On Fri, Jan 23, 2015 at 1:33 PM, Aikman-Scalese, Anne 
<AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx>> wrote:
Julie,
Although I think everyone preferred to finalize via the list, there was no one 
expressing disagreement to the proposed changes as Avri has done.  As far as I 
know, Avri is still the primary and I do not believe that addressing her issues 
on the list is going to result in meeting the deadline.

PLEASE ISSUE THE INVITATION FOR THE CALL NEXT TUESDAY AS REQUESTED.  I would 
appreciate your doing this today.

Thank you,
Anne

[cid:image001.gif@01D0396E.8DDF93D0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: Julie Hedlund 
[mailto:julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>]
Sent: Thursday, January 22, 2015 2:52 PM
To: Aikman-Scalese, Anne; 'Avri Doria'; 'Thomas Rickert'; Wolf-Ulrich Knoben
Cc: Lori Schulman; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>; Glen 
de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson
Importance: High

Hi Anne,

If I recall correctly I think some people raised concerns on the call that they 
would not be available next week and also that it was a very busy time for 
various constituencies as they prepare for Singapore.  I would respectfully 
suggest that perhaps you could encourage people to provide their thoughts on 
the list.  In particular, it would be helpful if each primary member could 
indicate whether he or she supports the letter as is, or if not, suggest 
changes that would enable them to support it.

Best regards,
Julie

From: <Aikman-Scalese>, Anne <AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx>>
Date: Thursday, January 22, 2015 4:01 PM
To: 'Avri Doria' <avri@xxxxxxx<mailto:avri@xxxxxxx>>, 'Thomas Rickert' 
<rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>>, Wolf-Ulrich Knoben 
<wolf-ulrich.knoben@xxxxxxxxxxx<mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>
Cc: Lori Schulman <lori.schulman@xxxxxxxx<mailto:lori.schulman@xxxxxxxx>>, 
Julie Hedlund <julie.hedlund@xxxxxxxxx<mailto:julie.hedlund@xxxxxxxxx>>, 
"gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>" 
<gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>>, Glen 
de Saint Géry <Glen@xxxxxxxxx<mailto:Glen@xxxxxxxxx>>
Subject: RE: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

Thanks Avri. Shall we schedule a call on January 27 to discuss?  As per the 
mp3, we did not have any disagreement on these points during the call, but we 
can certainly set up a call January 27 to discuss.  Sounds like we need to do 
that.  Will staff please proceed accordingly?
Thank you,
Anne

[cid:image001.gif@01D0396E.8DDF93D0]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: Avri Doria [mailto:avri@xxxxxxx]
Sent: Thursday, January 22, 2015 1:11 PM
To: Aikman-Scalese, Anne; 'Thomas Rickert'; Wolf-Ulrich Knoben
Cc: Lori Schulman; Julie Hedlund; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>; Glen 
de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] SCI Letter to GNSO Council Chair Jonathan 
Robinson

Hi,

Belated apologies for missing the meeting.

Was there a consensus call on the four issues that are being included?  I know 
we have not done one on the list and was wondering if one had been taken during 
the call.

A council liaison I would like to know that for my report.  I will of course 
faithfully faithfully any letter the SCI wishes sent.

As a primary member I have doubts on whether I would have participated in a 
positive consensus on these four items, though I might have allowed them to 
pass without comment. Specifically on #3, I have been explicit in not 
supporting a review of consensus levels while the GNSO review was ongoing.  I 
also do not see the point of #2, as we could have done this before but opted 
not to.  So while I would understand the council requesting such a comment, I 
do not understand the SCI asking to redo work it already did and has had 
accepted. Yes we had a difference of opinion on whether to include resubmitted 
notions and that may have been a good reason to withhold our recommendation.  
But since we went ahead, I do not understand the SCI asking to reopen this 
issue.

I can not support the letter as it stands.

thanks

avri



I have always been against, number 3, for example until such time as we knew 
the results of any reorganizational review.
On 22-Jan-15 14:07, Aikman-Scalese, Anne wrote:
Dear all,
Please see attached the revised letter to GNSO Council based on Tuesday's SCI 
conference call.  If you have any comments, please supply them to the list 
prior to 1300 UTC Monday,  January 26.

Avri, again, as Council liaison for SCI, we are requesting 15 minutes on the 
schedule for Working Sessions in Singapore for you to present this letter to 
Council.  (I am unable to attend and SCI will not be meeting separately there.)

Thank you,
Anne

[mailbox:///C:/Users/Avri/AppData/Roaming/Thunderbird/Profiles/6ebmyl35.default/Mail/Local%20Folders/0-Responsibiities.sbd/SCI?number=16975542&header=quotebody&part=1.1.2&filename=image001.gif]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: Thomas Rickert [mailto:rickert@xxxxxxxxxxx]
Sent: Wednesday, January 21, 2015 2:32 AM
To: Wolf-Ulrich Knoben
Cc: Aikman-Scalese, Anne; Lori Schulman; Julie Hedlund; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>; Glen 
de Saint Géry
Subject: Re: [gnso-improvem-impl-sc] NCPH Intersessional 2015 Recordings & 
Transcripts

Same here. Sorry!

Best
Thomas

Am 21.01.2015 um 09:44 schrieb WUKnoben 
<wolf-ulrich.knoben@xxxxxxxxxxx<mailto:wolf-ulrich.knoben@xxxxxxxxxxx>>:

Sorry all that I missed the call! I came back late after the Frankfurt meeting.

Best regards

Wolf-Ulrich

From: Aikman-Scalese, Anne<mailto:AAikman@xxxxxxxxxx>
Sent: Tuesday, January 20, 2015 10:16 PM
To: 'Lori Schulman'<mailto:lori.schulman@xxxxxxxx> ; Julie 
Hedlund<mailto:julie.hedlund@xxxxxxxxx> ; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>
Cc: 'Glen de Saint Géry'<mailto:Glen@xxxxxxxxx>
Subject: [gnso-improvem-impl-sc] RE: NCPH Intersessional 2015 Recordings & 
Transcripts

Many thanks Lori.  We will revise the draft letter to GNSO Council in 
accordance with comments received during today's meeting.

Separately, and specifically directed at Avri as Council liaison, staff advised 
today that certain SCI matters were put "on hold" last week by Council.  
(Thanks Mary for this info.)  Staff also advised that it is part of the 
function of Council liaison to provide SCI with information as to action taken 
by Council affecting its work.

Amr mentioned that GNSO Council meeting minutes are not available until the 
next GNSO Council meeting and as such, may not be timely.

Thanks everyone who participated in today's call.  We will be circulating the 
redraft of the letter soon.  We want to be sure our letter and request for time 
on the Council's work schedule for Singapore reaches Council in a timely 
fashion and preferably well before February 1.
Anne

<image002.gif>

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428<tel:520.629.4428> | (F) 520.879.4725<tel:520.879.4725>

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: 
owner-gnso-improvem-impl-sc@xxxxxxxxx<mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx>
 [mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Lori Schulman
Sent: Tuesday, January 20, 2015 1:11 PM
To: Julie Hedlund; 
gnso-improvem-impl-sc@xxxxxxxxx<mailto:gnso-improvem-impl-sc@xxxxxxxxx>
Subject: [gnso-improvem-impl-sc] NCPH Intersessional 2015 Recordings & 
Transcripts

Dear All,

Below is the link for last week's intersessional.   I didn't find the joint 
letter re GNSO review posted separately.


https://community.icann.org/pages/viewpage.action?pageId=51416553

Lori

Lori S. Schulman · General Counsel
1703 North Beauregard Street
Alexandria, VA  22311-1714
P 703-575-5678<tel:703-575-5678> · 
Lori.Schulman@xxxxxxxx<mailto:Lori.Schulman@xxxxxxxx>
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