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

  • To: <victoria@xxxxxxxxxx>, <zahid@xxxxxxxxx>, <Glen@xxxxxxxxx>, <owner-gnso-osc-csg@xxxxxxxxx>, <gnso-osc-csg@xxxxxxxxx>
  • Subject: RE: [gnso-osc-csg] Norms on Re-Opening
  • From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Date: Sat, 10 Oct 2009 11:33:12 -0400

Victoria,
 
The OSC has a responsiblity to to steer the WT's it created.  Steering is 
desparately needed here.  Please don't try to manipulate the process to suit 
your mission, whatever that is. Instead, let's get our work done.  We have 
wasted at least half of our time dealing with issues like this instead of doing 
what we were tasked to do. 
 
Chuck


________________________________

        From: victoria@xxxxxxxxxx [mailto:victoria@xxxxxxxxxx] 
        Sent: Saturday, October 10, 2009 11:06 AM
        To: Gomes, Chuck; zahid@xxxxxxxxx; Glen@xxxxxxxxx; 
owner-gnso-osc-csg@xxxxxxxxx; gnso-osc-csg@xxxxxxxxx
        Subject: Re: [gnso-osc-csg] Norms on Re-Opening
        
        
        I am sorry but Chuck as clarified on the call yesterday ---you have 
only the status of an ordinary WG member in this WG and you have no special 
jurisdiction. If you now contend to the contrary and contrary to yesterday 
---please explain how your special role operates. Thank you. Victoria 

        Sent from my BlackBerry® wireless device

________________________________

        From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx> 
        Date: Sat, 10 Oct 2009 10:38:05 -0400
        To: <zahid@xxxxxxxxx>; Victoria McEvedy<victoria@xxxxxxxxxx>; 
<Glen@xxxxxxxxx>; <owner-gnso-osc-csg@xxxxxxxxx>; <gnso-osc-csg@xxxxxxxxx>
        Subject: RE: [gnso-osc-csg] Norms on Re-Opening

        Julie
         
        In my role as chair of the OSC, I request that no one's participation 
records be eliminated from the record.  First of all, I think we would need 
ICANN Counsel advice on whether that is permitted.  Secondly, I would want to 
get the OSC to weigh in on this on behalf of the Council as part of its 
steering responsibilty. And third, elminating the participation of anyone or 
any group except for disciplinary reasons, which is not the case here, would go 
completely contrary to the Board approved GNSO improvement recommendations for 
which we are developing implementation recommendations.
         
        Chuck


________________________________

                From: Zahid Jamil [mailto:zahid@xxxxxxxxx] 
                Sent: Saturday, October 10, 2009 7:39 AM
                To: Victoria McEvedy; Gomes, Chuck; Glen@xxxxxxxxx; 
owner-gnso-osc-csg@xxxxxxxxx; gnso-osc-csg@xxxxxxxxx
                Subject: Re: [gnso-osc-csg] Norms on Re-Opening
                
                
                Please also note that the reservation also extends to me as an 
individual and BC member. Many thanks.
                
                Julie please confirm and record that my participation is 
expunged as requested consequent to objections raised by Victoria. Thanks.
                
                
                
                
                
                

                
                
                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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                Sent from my BlackBerry® wireless device

________________________________

                From: "Zahid Jamil" <zahid@xxxxxxxxx> 
                Date: Sat, 10 Oct 2009 11:36:22 +0000
                To: Victoria McEvedy<victoria@xxxxxxxxxx>; Gomes, 
Chuck<cgomes@xxxxxxxxxxxx>; <Glen@xxxxxxxxx>; <owner-gnso-osc-csg@xxxxxxxxx>; 
<gnso-osc-csg@xxxxxxxxx>
                Subject: Re: [gnso-osc-csg] Norms on Re-Opening

                Thank you for your thoughts Victoria.
                
                I may have misunderstood the earlier invitation of the group 
despite them at that time having spent several months already on much work on 
drafts. If there is little room for late comers to be able to impact or 
meaningful contribute to the outcomes then I think it my responsibility to 
simply withdraw from the group to avoid giving an impression that either as an 
individual, BC member/rep or as a GNSO councillor I have provided any 
consent/acquiescence or contribution to the work/outcome of the group. I would 
request that my participation be expunged from the record as it cannot be 
meaningful and for reasons expressed by you, is unwelcome. 
                
                Please note that the BC reserves all rights to respond to any 
work/output of the group at the appropriate stage which remain unprejudiced.
                
                Many thanks. Wishing your work all the best.
                
                
                
                
                
                
                

                
                
                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
                
                Notice / Disclaimer
                This message contains confidential information and its contents 
are being communicated only for the intended recipients . If you are not the 
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                Please notify the sender immediately by e-mail if you have 
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above may contain/are the intellectual property of Jamil & Jamil, 
Barristers-at-Law, and constitute privileged information protected by attorney 
client privilege. The reproduction, publication, use, amendment, modification 
of any kind whatsoever of any part or parts (including photocopying or storing 
it in any medium by electronic means whether or not transiently or incidentally 
or some other use of this communication) without prior written permission and 
consent of Jamil & Jamil is prohibited.
                
                
                Sent from my BlackBerry® wireless device

________________________________

                From: "Victoria McEvedy" <victoria@xxxxxxxxxx> 
                Date: Sat, 10 Oct 2009 10:51:32 +0100
                To: Gomes, Chuck<cgomes@xxxxxxxxxxxx>; <zahid@xxxxxxxxx>; 
<Glen@xxxxxxxxx>; <owner-gnso-osc-csg@xxxxxxxxx>; <gnso-osc-csg@xxxxxxxxx>
                Subject: RE: [gnso-osc-csg] Norms on Re-Opening


                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 

                 

                 

                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 
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know by reply immediately and destroy the email and its attachments without 
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                This email does not create a solicitor-client relationship and 
no retainer is created by this email communication. 

                 

                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 

                

                 

                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 immediately and destroy the email and its attachments without 
reading, copying or forwarding the contents.

                This email does not create a solicitor-client relationship and 
no retainer is 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
                
                Notice / Disclaimer
                This message contains confidential information and its contents 
are being communicated only for the intended recipients . If you are not the 
intended recipient you should not disseminate, distribute or copy this e-mail.
                Please notify the sender immediately by e-mail if you have 
received this message by mistake and delete it from your system. The contents 
above may contain/are the intellectual property of Jamil & Jamil, 
Barristers-at-Law, and constitute privileged information protected by attorney 
client privilege. The reproduction, publication, use, amendment, modification 
of any kind whatsoever of any part or parts (including photocopying or storing 
it in any medium by electronic means whether or not transiently or incidentally 
or some other use of this communication) without prior written permission and 
consent of Jamil & Jamil is prohibited.
                
                
                Sent from my BlackBerry® wireless device

                
________________________________


                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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________________________________

                
                
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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." 



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virus signature database 4494 (20091009)__________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com
                

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