RE: [gnso-irtp-pdp-jun08] Feedback from legal counsel and updated motion

["Diaz, Paul" <pdiaz@xxxxxxxxxxxxxxxxxxxx>]

Colleagues,

As Marika has noted (below), the guidance we received from ICANN Legal
means that we do not have to change the text in our Final Report.
Therefore, please take one last look at the Final Report and the draft
Motion (both now posted on the wiki at
https://st.icann.org/irtp_jun08_pdp-wg/index.cgi?irtp_part_a_pdp_wg_pdp_
jun08.

If you have any last minute edits, we need to hear back from you by 1400
UTC tomorrow (March 19, 2009).  Otherwise we will consider these
documents ready for transmission to the GNSO Council (hopefully to be
considered at the meeting scheduled for 3/26).  Of course, the line
numbers will be removed and the proper dates noted; otherwise, the
documents will go forward as posted on the wiki.

Assuming there are no other edits, we can now turn our attention to the
next IRTP PDP "B" and start crafting a draft charter.  As noted on
yesterday's call, we have some discretion on which topics will be
addressed in the next PDP.  I would ask everyone to review the original
recommendations
(http://gnso.icann.org/drafts/transfer-wg-recommendations-pdp-groupings-
19mar08.pdf with additional background info on the wiki), and think
about how they want to prioritize the issues.  Please also consider the
thoughts that Michael Collins has already posted to the list.  

This will be the focus of the call on Tuesday (3/24) at 1400 UTC.  If we
can agree on the issues for PDP B, Marika and I will prepare a draft
Charter for refining on the mailing list.  I'm hoping we can complete
this phase of our work via email.  Once the charter has been approved by
Council (TBD), we will issue another call for volunteers (hopefully with
this group as the core) and restart weekly teleconferences - probably
with the same day and time.

Regards, P

________________________________________
From: owner-gnso-irtp-pdp-jun08@xxxxxxxxx
[mailto:owner-gnso-irtp-pdp-jun08@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Wednesday, March 18, 2009 7:27 AM
To: Gnso-irtp-pdp-jun08@xxxxxxxxx
Subject: [gnso-irtp-pdp-jun08] Feedback from legal counsel and updated
motion

Dear All,

Following our call yesterday, I consulted with ICANN Legal Counsel and
on the basis of that we would recommend the following:

1. There is no need to include any reference to ICANN Legal Counsel in
the motion as no formal advice was provided. 

2. Change the current language of the 3rd resolve to read: 'Recommends
that ICANN staff communicate to registries and registrars that the
current bulk transfer provisions do apply to cases requiring the
transfer of all names in one single gTLD under management of a
registrar.' Following the adoption of the motion, ICANN staff would then
issue an advisory to this effect. 

For the sake of clarity, I have also included a reference to the current
bulk transfer provisions to ensure that it is clear to which situations
the bulk transfer provisions apply.

You will find the updated motion attached. Please share your comments /
suggestions with the mailing list.

The updated draft final report will be posted shortly for review.

With best regards,

Marika