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Re: [gnso-osc-csg] Norms on Re-Opening
- 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
- From: victoria@xxxxxxxxxx
- Date: Sat, 10 Oct 2009 17:21:55 +0000
Yes Chuck the OSC as a collective group is to steer us. Has that task been
formally delgated to you? If so I think that should have been made clear from
the outset and I think procedurally it is wrong. Whatever the position, It is
only fair that the rules and procedures we are working under are avaliable to
us all and I had asked both about the steering and its operation and your role
yesterday. Please explain the position.
Sent from my BlackBerry® wireless device
-----Original Message-----
From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
Date: Sat, 10 Oct 2009 11:33:12
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
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
intended recipient you should not disseminate, distribute or copy this e-mail.
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
for the exclusive use of the addressee(s). This email and its attachments may
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This email does not create a solicitor-client relationship and
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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
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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________________________________
[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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