[gnso-policyimpl-dt] RE: Proposed agenda and updated draft charter for review

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Anne,

I agree that GNSO structure has an impact on policy development and 
implementation of policy but it will not be the Policy & Implementation WG’s 
job to develop any specific policies or implement any policies.  It is possible 
that possible policy work could be a result of the WG’s recommendations but 
then that would likely involve additional steps such as a PDP.

Regarding your second point, possible bylaws changes could be recommended 
without addressing structure.  For example, the current Bylaws require the 
ICANN Board to take certain steps if they disagree with GAC advice, but there 
is no such requirement for the GNSO except if the Board rejects a GNSO 
recommended consensus policy.  So in the case of the Reconsideration Request 
for the TM+50 issue, as the BGC  stated in its rationale, there is no 
requirement in the Bylaws for the Board to even respond to the GNSO 
communication in that regard.  To develop recommendations in that regard does 
not require the WG to focus on structure; regardless of how the GNSO is 
structured, it seems possible to develop some possible recommendations  
regarding possible changes in GNSO procedures and the Bylaws that would respect 
the multi-stakeholder model no matter what the structure of the GNSO is.

Regarding votes, the Board approved improvements for the GNSO that came out of 
the last review included a recommendation that policy development should rely 
less on voting and more on consensus building.  Granted, we haven’t made much 
if any progress on that, but I believe that is still a worthwhile target.  
Besides, as was also pointed out many times in the last review, the GNSO 
Council’s role is not to develop policy but rather to manage the policy 
development process.  At the end of a PDP, the Council votes as to whether 
policy recommendations should be sent to the Board for consideration, but those 
votes should be more about whether the PDP requirements were properly followed 
and that there is broad community support for the policy recommendations as 
demonstrated by the applicable WG.  And as you probably know, the WG model is 
designed to encourage consensus building rather than reliance on voting.

Chuck

From: Aikman-Scalese, Anne [mailto:AAikman@xxxxxxxxx]
Sent: Friday, June 21, 2013 1:20 PM
To: Gomes, Chuck; 'Marika Konings'; gnso-policyimpl-dt@xxxxxxxxx
Subject: RE: Proposed agenda and updated draft charter for review

Chuck,
I do agree with your observations about time and resources, but certainly do 
not agree with the third observation.  In fact I think the GNSO structure will 
be a huge obstacle to implementing improvements in the way the ICANN Board 
reacts to GNSO policy recommendations in the implementation phase and would 
certainly make it extremely difficult to amend the ByLaws per Jeff's request.  
We can bury this now but it will absolutely come up in the Working Group, 
especially given the number of folks who have no vote on the GNSO Council.
Anne

[cid:image001.gif@01CE6E94.94B925A0]Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
One South Church Avenue • Tucson, Arizona 85701-1611
Tel (520) 629-4428 • Fax (520) 879-4725
AAikman@xxxxxxxxx<mailto:AAikman@xxxxxxxxx> • 
www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
P Please consider the environment before printing this e-mail.
This e-mail contains legally privileged and confidential information
intended only for the individual or entity named within the message.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or
copying of this communication is prohibited.  If this communication
was received in error, please notify us by reply e-mail and delete the original 
message.


________________________________
From: Gomes, Chuck 
[mailto:cgomes@xxxxxxxxxxxx]<mailto:[mailto:cgomes@xxxxxxxxxxxx]>
Sent: Friday, June 21, 2013 7:46 AM
To: Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-dt@xxxxxxxxx<mailto:gnso-policyimpl-dt@xxxxxxxxx>
Subject: RE: Proposed agenda and updated draft charter for review
I do not support adding the topic of GNSO structure for several reasons:

1.       It will be part of the GNSO Review process, which will be a major 
undertaking.

2.       It will be a very controversial topic and hence will consume large 
amounts of time and resources and would likely detract from the main mission of 
the WG.

3.       The topic of policy & implementation is not dependent on GNSO 
structure.

Chuck

From: 
owner-gnso-policyimpl-dt@xxxxxxxxx<mailto:owner-gnso-policyimpl-dt@xxxxxxxxx> 
[mailto:owner-gnso-policyimpl-dt@xxxxxxxxx]<mailto:[mailto:owner-gnso-policyimpl-dt@xxxxxxxxx]>
 On Behalf Of Aikman-Scalese, Anne
Sent: Friday, June 21, 2013 10:33 AM
To: 'Marika Konings'; 
gnso-policyimpl-dt@xxxxxxxxx<mailto:gnso-policyimpl-dt@xxxxxxxxx>
Subject: [gnso-policyimpl-dt] RE: Proposed agenda and updated draft charter for 
review

Thanks,Marika.  Per my previous e-mail, I would amend Task 7. to state that the 
WG will review not only the ICANN By-Laws but also the GNSO structure in terms 
of multistakeholder participation.  So I would suggest as follows:

7.     Review the ICANN Bylaws and GNSO voting structure with a particular 
focus on the GNSO PDP<http://www.icann.org/en/about/governance/bylaws#AnnexA> 
and associated GNSO PDP 
Manual<http://gnso.icann.org/council/annex-2-pdp-manual-13jun13-en.pdf>, to 
determine:

a.      What elements of the process provide guidance regarding implementation 
of policies

b.      Whether there are any gaps in the Bylaws or process that leave 
ambiguity regarding implementation

c.  Whether the current structure of the GNSO is adequate to represent all 
stakeholders interests in the implementation of policy



Thank you, Anne



[cid:image001.gif@01CE6E94.94B925A0]Anne E. Aikman-Scalese
Of Counsel
Lewis and Roca LLP • Suite 700
One South Church Avenue • Tucson, Arizona 85701-1611
Tel (520) 629-4428 • Fax (520) 879-4725
AAikman@xxxxxxxxx<mailto:AAikman@xxxxxxxxx> • 
www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
P Please consider the environment before printing this e-mail.
This e-mail contains legally privileged and confidential information
intended only for the individual or entity named within the message.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or
copying of this communication is prohibited.  If this communication
was received in error, please notify us by reply e-mail and delete the original 
message.


________________________________
From: 
owner-gnso-policyimpl-dt@xxxxxxxxx<mailto:owner-gnso-policyimpl-dt@xxxxxxxxx> 
[mailto:owner-gnso-policyimpl-dt@xxxxxxxxx]<mailto:[mailto:owner-gnso-policyimpl-dt@xxxxxxxxx]>
 On Behalf Of Marika Konings
Sent: Friday, June 21, 2013 12:27 AM
To: gnso-policyimpl-dt@xxxxxxxxx<mailto:gnso-policyimpl-dt@xxxxxxxxx>
Subject: [gnso-policyimpl-dt] Proposed agenda and updated draft charter for 
review
Dear All,

Please find below the proposed agenda for the next Policy & Implementation 
Drafting Team meeting which is scheduled for Monday 24 June at 19.00 UTC. 
You'll find attached an updated version of the draft charter, based on the 
modified version that Chuck circulated earlier this week. This version 
incorporates some of the edits suggested on the mailing list to which no 
objections appear to have been made to date:

  *   Proposed additions to mission & scope suggested by Holly in modified form 
as circulated to the list
  *   Change "/" to "and" in mission item 1
  *   Added reference to the existing GNSO Operating Procedures to mission item 
1 as suggested by Anne
In addition, I addressed some none substantive comments from Chuck such as 
including links and fixed some formatting issues. Please use this version for 
any further comments / edits you may have.

With best regards,

Marika

Proposed Agenda – Policy & Implementation Drafting Team Meeting – Monday 24 
June at 19.00 UTC

  1.  Roll Call / SOI
  2.  Review latest draft of the Charter, including comments received
  3.  Discuss next steps / confirm next meeting





________________________________

For more information about Lewis and Roca LLP, please go to 
www.lewisandroca.com<http://www.lewisandroca.com/>.
Phoenix (602)262-5311



Reno (775)823-2900

Tucson (520)622-2090



Albuquerque (505)764-5400

Las Vegas (702)949-8200



Silicon Valley (650)391-1380


  This message is intended only for the use of the individual or entity to 
which it is addressed. If the reader of this message is not the intended 
recipient, or the employee or agent responsible for delivering the message to 
the intended recipient, you are hereby notified that any dissemination, 
distribution or copying of this message is strictly prohibited. If you have 
received this communication in error, please notify us immediately by replying 
to the sender of this E-Mail by return E-Mail or by telephone.

  In accordance with Internal Revenue Service Circular 230, we advise you that 
if this email contains any tax advice, such tax advice was not intended or 
written to be used, and it cannot be used, by any taxpayer for the purpose of 
avoiding penalties that may be imposed on the taxpayer.



________________________________

For more information about Lewis and Roca LLP, please go to 
www.lewisandroca.com<http://www.lewisandroca.com/>.
Phoenix (602)262-5311



Reno (775)823-2900

Tucson (520)622-2090



Albuquerque (505)764-5400

Las Vegas (702)949-8200



Silicon Valley (650)391-1380


  This message is intended only for the use of the individual or entity to 
which it is addressed. If the reader of this message is not the intended 
recipient, or the employee or agent responsible for delivering the message to 
the intended recipient, you are hereby notified that any dissemination, 
distribution or copying of this message is strictly prohibited. If you have 
received this communication in error, please notify us immediately by replying 
to the sender of this E-Mail by return E-Mail or by telephone.

  In accordance with Internal Revenue Service Circular 230, we advise you that 
if this email contains any tax advice, such tax advice was not intended or 
written to be used, and it cannot be used, by any taxpayer for the purpose of 
avoiding penalties that may be imposed on the taxpayer.