ICANN ICANN Email List Archives

[gnso-osc-csg]


<<< Chronological Index >>>    <<< Thread Index >>>

RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final Recommendation re-submit

  • To: "Victoria McEvedy" <victoria@xxxxxxxxxx>, "Harris, Anthony" <harris@xxxxxxxxxxxxx>, "Claudio Di Gangi" <cdigangi@xxxxxxxx>, "Julie Hedlund" <julie.hedlund@xxxxxxxxx>, "Olga Cavalli" <olgac@xxxxxxxxxxxxxxx>
  • Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final Recommendation re-submit
  • From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Date: Wed, 16 Dec 2009 15:38:41 -0500

I think we may be confusing things a little here.  Subtask 1 is now at the WT 
level.  Whether or not a position is a minority position will now need to be 
determined at the full WT level, similar to what we did regarding the Toolkit 
of Services recommendations.  Let's discuss the pros and cons of the various 
elements of the recommendations as a WT before we try to decide what is a 
minority position.  It is still possible that we can deal with areas of 
conflict without choosing one side or another.
 
Chuck


________________________________

        From: owner-gnso-osc-csg@xxxxxxxxx 
[mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of Victoria McEvedy
        Sent: Wednesday, December 16, 2009 1:10 PM
        To: Harris, Anthony; Claudio Di Gangi; Julie Hedlund; Olga Cavalli
        Cc: gnso-osc-csg
        Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit
        
        

        Sorry but I don't really understand your question Tony. If there are 3 
in favour and 2 against -the 2 would be in the minority-and have a minority 
position. 

         

        Perhaps I misunderstand you. 

         

        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: Anthony Harris [mailto:harris@xxxxxxxxxxxxx] 
        Sent: 16 December 2009 18:07
        To: Victoria McEvedy; Claudio Di Gangi; Julie Hedlund; Olga Cavalli
        Cc: gnso-osc-csg
        Subject: Re: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

         

        Victoria,

         

        If two people support Claudio's comments, where

        and when do these become a minority report?

         

        Tony

                ----- Original Message ----- 

                From: Victoria McEvedy <mailto:victoria@xxxxxxxxxx>  

                To: Claudio Di Gangi <mailto:cdigangi@xxxxxxxx>  ; Julie 
Hedlund <mailto:julie.hedlund@xxxxxxxxx>  ; Olga Cavalli 
<mailto:olgac@xxxxxxxxxxxxxxx>  

                Cc: gnso-osc-csg <mailto:gnso-osc-csg@xxxxxxxxx>  

                Sent: Wednesday, December 16, 2009 1:59 PM

                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                Claudio ---perhaps you should prepare a minority report to go 
with it? 

                 

                 

                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: Claudio Di Gangi [mailto:cdigangi@xxxxxxxx] 
                Sent: 16 December 2009 16:57
                To: Victoria McEvedy; Julie Hedlund; Olga Cavalli
                Cc: gnso-osc-csg
                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                Victoria,

                 

                That's fine. But any alternative views should also be listed.

                 

                From: Victoria McEvedy [mailto:victoria@xxxxxxxxxx] 
                Sent: Wednesday, December 16, 2009 11:54 AM
                To: Claudio Di Gangi; Julie Hedlund; Olga Cavalli
                Cc: gnso-osc-csg
                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                Claudio -your views have to be balanced against those of the 
other members.  As I understand it ---SS, Rafik and I all support the current 
language.  

                 

                 

                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: Claudio Di Gangi [mailto:cdigangi@xxxxxxxx] 
                Sent: 16 December 2009 16:51
                To: Victoria McEvedy; Julie Hedlund; Olga Cavalli
                Cc: gnso-osc-csg
                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                Victoria,

                 

                As I stated yesterday, most of my prior concerns with Subtask 1 
have been addressed once the document has been under revision by the full WT. 
However, not all of my previously submitted comments were reflected, so I 
resubmitted them yesterday.

                 

                For example, the subtask 1 document states:

                 

                "GROUPs shall function on the GNSO WG model for the purpose of 
reaching consensus".

                 

                My view was that constituencies and stakeholder groups should 
be free to pick their own model for reaching consensus, as long as they make 
that process clear in their bylaws or charter.

                 

                Can you please clarify how this has been incorporated in the 
"compromise language"?

                 

                Claudio

                 

                From: owner-gnso-osc-csg@xxxxxxxxx 
[mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of Victoria McEvedy
                Sent: Wednesday, December 16, 2009 11:38 AM
                To: Julie Hedlund; Olga Cavalli
                Cc: gnso-osc-csg
                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                I'm sure SS will answer in due course but I am fairly sure that 
this is not appropriate Julie. As I noted this morning -as subtask leaders we 
are concerned to aggregate comments and reach compromise language and this has 
been done. Claudio's comments have not been omitted by some oversight -they 
have been incorporated in the compromise language. I also think SS may like to 
keep ownership of the document.   

                 

                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: owner-gnso-osc-csg@xxxxxxxxx 
[mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of Julie Hedlund
                Sent: 16 December 2009 16:34
                To: Olga Cavalli
                Cc: gnso-osc-csg
                Subject: Re: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit

                 

                Dear Olga,
                
                I am happy to take the pen, but I have a clarifying question: 
am I to include Claudio's comments in a revision of the latest version of the 
document that SS has provided and then circulate it to the Work Team for 
consideration and for discussion on Friday's call?  I can certainly do this, 
but I wanted to check first to see if my assumption is correct.
                
                Thank you very much for your guidance.
                
                Best regards,
                
                Julie
                
                
                On 12/16/09 11:13 AM, "Claudio DiGangi" <cdigangi@xxxxxxxx> 
wrote:

                Chuck & Olga, I agree with your views. 
                 
                I should note that I submitted nothing new yesterday. These 
comments had been previously submitted, several times in fact. 
                 
                SS had previously placed them in separate document along with 
my other comments, and submitted them to the full WT just prior to the Seoul 
meeting. During the full WT revision process, these views somehow dropped off, 
so I resubmitted them again yesterday for the team's consideration.
                 
                Hope that clarifies.
                 
                Claudio
                 
                
                From: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx] 
                Sent: Wednesday, December 16, 2009 10:46 AM
                To: Olga Cavalli
                Cc: SS Kshatriy; OSC-CSG Work Team; Claudio Di Gangi
                Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit
                
                Makes sense to me Olga.  Thanks.  At this stage, I suggest we 
give the pen to Julie.  SS has worked long and hard on this and that is very 
much appreciated but it would be unreasonable to expect him to continue to use 
his time in support of WT revisions; he signed up as subtask leader and has 
delivered what was expected.
                
                Chuck

________________________________

                
                From: olgacavalli@xxxxxxxxx [mailto:olgacavalli@xxxxxxxxx] On 
Behalf Of Olga Cavalli
                Sent: Wednesday, December 16, 2009 10:33 AM
                To: Gomes, Chuck
                Cc: SS Kshatriy; OSC-CSG Work Team; Claudio Di Gangi
                Subject: Re: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 1-Final 
Recommendation re-submit
                Chuck and team,
                my understanding is also that subtask 1 document is for full WT 
revision.
                I understand SS concerns about preparing several versions and I 
commend his hard work and his efforts in including all views in these revisions.
                Let me suggest the following, could we consider Claudio´s 
comments and Zahid support of them as part of the full WT revision process?
                I will welcome your comments and we can add a point to our 
agenda on Friday to discuss this item, if needed.
                Best regards and thanks all for the involvement and hard work.
                Olga
                
                2009/12/16 Gomes, Chuck <cgomes@xxxxxxxxxxxx>
                
                Olga,
                
                I believe we are at a point with subtask 1 where the document 
is now out of the hands of the subtask team and in the hands of the  full WT, 
so the WT can make changes if desired.  Is that correct?
                
                Chuck

________________________________

                        
                        From: owner-gnso-osc-csg@xxxxxxxxx 
[mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of SS Kshatriy
                        Sent: Tuesday, December 15, 2009 10:09 PM
                        To: OSC-CSG Work Team; Claudio Di Gangi
                        Cc: Olga Cavalli 
                        
                        
                        Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- Subtask 
1-Final Recommendation re-submit
                        
                        
                         
                           Hi Claudio, 
                          (Also with a request to chair to consider Claudio's 
comments) 
                          I have read your concerns.
                         the document I submitted is Final and submitted second 
time. (Earlier, even Final Draft was submitted twice.). 
                          It is not a draft. 
                          Thus it is Final Recommendations from my side and I 
don't propose to make any more change as it is not possible for me to 
accommodate all views the way one wants. 
                          -- 
                          I will leave it to Chair and Team to decide. 
                          You may request Chair to have your points in the 
Agenda. 
                           
                          best, 
                          SS 
                           
                           
                          --- On Tue, 12/15/09, Claudio Di Gangi 
<cdigangi@xxxxxxxx> wrote: 
                         

                                
                                From: Claudio Di Gangi <cdigangi@xxxxxxxx>
                                 Subject: RE: [gnso-osc-csg] Re: GNSO-OSC-CSG- 
Subtask 1-Final Recommendation re-submit
                                 To: "'SS Kshatriy'" <sskshatriy@xxxxxxxxx>, 
"OSC-CSG Work Team" <gnso-osc-csg@xxxxxxxxx>
                                 Date: Tuesday, December 15, 2009, 9:52 AM   
Dear SS, 
                                  
                                 Thanks. I am pleased to see that many of my 
prior concerns have been addressed with the latest draft. A few of my concerns 
still remain however, so I have listed these below for ease of reference. I 
hope these can be addressed in the next version. I note that in Section 3. 
Policy and Consensus, the current draft states: "GROUPs shall function on the 
GNSO WG model for the purpose of reaching consensus and the use of voting 
should be minimized as much as possible."   I have previously stated that: 
GROUPs should be able to determine on their own merits, what model they would 
like to use for the purposes of reaching consensus within their membership. I 
do not see a compelling reason why we need to mandate a uniform model that all 
GROUPs must use. The last I checked the GNSO WG model was not yet fleshed out, 
so any decision to incorporate it into the internal functioning of a GROUP is 
premature -- or at least should be provisional. Also, a GNSO WG and a GNSO 
Constituency or Stakeholder Group have very different characteristics and 
different functions. As a result, I don't think its correct to assume that a 
consensus model used in one setting, is necessarily the best to use another 
setting. Here is a suggested amendment to the text: "GROUPs should consider 
adopting various models for reaching consensus, including for example, the 
ICANN GNSO WG model. Whatever model the GROUP chooses to reach consensus should 
be made clear to its members within its bylaws or Charter. The use of voting 
within GROUPs should be minimized as much as possible."   My concern remains 
with recommendation D.1, which states: "Admission criteria shall be certain and 
predictable and not arbitrary or discretionary.  Where eligibility depends on 
participation in a certain sector of business, then applicants shall be 
entitled to submit evidence of their participation."   I have previously 
commented that within certain GNSO groups, that there can elements of 
subjectivity involved in making admission decisions. This detail is not 
reflected in the current draft. I therefore recommend the following edit: 
"Admission criteria shall be certain and predictable and not arbitrary or 
discretionary to the maximum extent possible.  Where eligibility depends on 
participation in a certain sector of business, then applicants shall be 
entitled to submit evidence of their participation."   On Section 2e, I still 
think the applicant should be able to "Opt-In or Opt-Out" of making their 
application status publically available. This is not reflected in the draft. 
Thanks again for your continuing efforts. Claudio  From: 
owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of 
SS Kshatriy
                                 Sent: Tuesday, December 15, 2009 11:31 AM
                                 To: OSC-CSG Work Team
                                 Subject: [gnso-osc-csg] Re: GNSO-OSC-CSG- 
Subtask 1-Final Recommendation re-submit 
                                  
                                    Hi Chair and Team, 
                                 
                                  Further to posting of Final Recommendations, 
comments from Chuck, Zahid and Rafik were recieved. 
                                  I have incorporated these comments in the 
Final Recommendations and informed Chuck, Zahid and Rafik individually. 
                                   
                                  The Final document is re-submitted for your 
referwnce. 
                                   
                                  best,
                                 
                                 SS 
                                  -- 
                                 

                                  
                                 

                                   
                                 

________________________________

                                
                                
                                 

                         

                 

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

                
                
                __________ Information from ESET NOD32 Antivirus, version of 
virus signature database 4693 (20091216) __________
                
                The message was checked by ESET NOD32 Antivirus.
                
                http://www.eset.com

        
        
        __________ Information from ESET NOD32 Antivirus, version of virus 
signature database 4693 (20091216) __________
        
        The message was checked by ESET NOD32 Antivirus.
        
        http://www.eset.com



        __________ Information from ESET NOD32 Antivirus, version of virus 
signature database 4693 (20091216) __________
        
        The message was checked by ESET NOD32 Antivirus.
        
        http://www.eset.com
        

JPEG image



<<< Chronological Index >>>    <<< Thread Index >>>

Privacy Policy | Terms of Service | Cookies Policy