RE: [gnso-osc-csg] Norms on Re-Opening

["Victoria McEvedy" <victoria@xxxxxxxxxx>]

Chuck – I believe these are accepted norms but in any event they are now 
included in the following:

 

 

1.    The WG Implementation and Charter Drafting Guidelines at 1.3 “..the Chair 
should be able to ensure that anyone joining a WG after it has begun has 
reviewed all documents and mailing list postings and agrees not to reopen  
previously decided questions.”

 

2.    The Draft WG Model Guidebook – “decisions that are made during a member’s 
absence or silence should not be resurrected unless there is group consensus 
that the issue should be revisited.”

 

We spent some 6 months arguing many of the wider points now being raised and 
should not have to go over this ground again ---particularly when we are making 
excellent progress on the actual language before us. Further, this is ‘tag 
negotiating’ –namely the introduction of fresh players at the end of 
negotiations who are not bound by concessions already made and who have an 
advantage over the exhausted participants. It is objectionable.   

 

I would ask that the late joiners agree to re-read all previous meeting 
transcripts and/or listen to recordings and not to re-open.  Personally I would 
rather avoid the exercise of now having to go through them all again to 
demonstrate that the issues were dealt with ---this WG has already demanded a 
great deal of working time (and some of us are not paid for our ICANN work).  

 

If this is going to be a problem –then I think we should reconsider new 
members.    

 

Regards,   

 

 

Victoria McEvedy

Principal 

McEvedys

Solicitors and Attorneys 

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From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx] 
Sent: 10 October 2009 03:27
To: Victoria McEvedy; zahid@xxxxxxxxx; Glen@xxxxxxxxx; 
owner-gnso-osc-csg@xxxxxxxxx; gnso-osc-csg@xxxxxxxxx
Subject: Re: [gnso-osc-csg] Uniformity

 

I am not aware of any restriction about reopening an issue. Regardless, 
everyone in the subgroup must be given the opportunity to voice their support 
for a position and thereby be counted in the determination of rough consensus 
on the issue. 

Chuck

Chuck Gomes

  _____  

From: owner-gnso-osc-csg@xxxxxxxxx 
To: Victoria McEvedy ; zahid@xxxxxxxxx ; Glen de Saint Géry ; 
owner-gnso-osc-csg@xxxxxxxxx ; gnso-osc-csg 
Sent: Fri Oct 09 18:45:50 2009
Subject: RE: [gnso-osc-csg] Uniformity 

Apologies for the short response earlier. Zahid I refer you to the BGC Report:  
 

 

The BGC Report at p.43 mandated the development of the following: 

1.      “…constituency-developed participation rules for all constituencies 
that encourage openness, transparency and accountability. The rules must adhere 
to the following  principles..” 
2.      “..clear operating principles for each constituency to ensure that all 
constituencies function in a representative, open, transparent and democratic 
manner. Operating procedures adopted by constituencies should reflect common 
principles and follow these guidelines:”[1] 

The BGC summarized this in the following action item at p.46: “Proposed Action 
Item: The Board requests: (i) The GNSO constituencies, with assistance from 
Staff as needed, to develop a set of participation rules and operating 
procedures, consistent with the principles outlined above, which all 
constituencies should abide by. The ICANN Board should ask the constituencies 
to develop and publicize common principles within six months; and to implement 
operating rules and procedures consistent with those principles at that time.”

 

Zahid, this WG spent some 6 months on these issues and I’m afraid I do believe 
there are rules about re-opening old ground. We spent months on literal 
approaches to the BGC. 

 

Zahid ---I suggest you read all the old minutes and transcript.      

 

Regards,  

 

 

Victoria McEvedy

Principal 

McEvedys

Solicitors and Attorneys 

cid:669FC637-760A-4D2F-B56E-2C180C1870CC

 

96 Westbourne Park Road 

London 

W2 5PL

 

T:    +44 (0) 207 243 6122

F:    +44 (0) 207 022 1721

M:   +44 (0) 7990 625 169 

 

www.mcevedy.eu  

Regulated by the Solicitors Regulation Authority #465972

This email and its attachments are confidential and intended for the exclusive 
use of the addressee(s).  This email and its attachments may also be legally 
privileged. If you have received this in error, please let us know by reply 
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created by this email communication. 

 

From: Victoria McEvedy 
Sent: 09 October 2009 21:02
To: zahid@xxxxxxxxx; Glen de Saint Géry; owner-gnso-osc-csg@xxxxxxxxx; 
gnso-osc-csg
Subject: Re: [gnso-osc-csg] Uniformity

 

AKA common rules 

Sent from my BlackBerry® wireless device

  _____  

From: "Zahid Jamil" <zahid@xxxxxxxxx> 

Date: Fri, 9 Oct 2009 19:47:01 +0100

To: Glen de Saint Géry<Glen@xxxxxxxxx>; <owner-gnso-osc-csg@xxxxxxxxx>; 
gnso-osc-csg<gnso-osc-csg@xxxxxxxxx>

Subject: Re: [gnso-osc-csg] Uniformity

 

Just listening to the audio of the call I missed. Could someone point out to me 
where the board used the word uniformity in the boards approval of the 
improvements. Having difficulty to find it.







Sincerely,

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com

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  _____  

From: Glen de Saint Géry <Glen@xxxxxxxxx> 

Date: Fri, 9 Oct 2009 09:57:45 -0700

To: gnso-osc-csg<gnso-osc-csg@xxxxxxxxx>

Subject: [gnso-osc-csg] MP3 Constituency Operations work team call / Friday 9 
October at 13:00 UTC.

 

Dear All,

Please find the MP3 recording of the Constituency Operations work team call 
held on Friday 9 October at 13:00 UTC.

http://audio.icann.org/gnso/gnso-constituency-ops-20091009.mp3
 
On page:
http://gnso.icann.org/calendar/index.html#oct

Participants present:
Michael Young – Registries – vice chair
Rafik Dammak – NCUC
Chuck Gomes – Registries 
Victoria McEvedy - IPC
Claudio Digangi - IPC  
Tony Harris – ISP 
SS Kshatriya - Individual

ICANN Staff
Glen de Saint Géry - GNSO Secretariat
Julie Hedlund – Policy Staff
 
Apologies
Olga Cavalli - work team chair – NCA
Krista Papac – Registrar c.
Zahid Jamil - CBUC

Thank you
Kind regards
Glen
---------------------------- 
Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx 
http://gnso.icann.org  



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[1] The BGC summarized this in the following action item at p.46: “Proposed 
Action Item: The Board requests: (i) The GNSO constituencies, with assistance 
from Staff as needed, to develop a set of participation rules and operating 
procedures, consistent with the principles outlined above, which all 
constituencies should abide by. The ICANN Board should ask the constituencies 
to develop and publicize common principles within six months; and to implement 
operating rules and procedures consistent with those principles at that time.”