[gnso-policyimpl-wg] RE: Draft GNSO Fast Track PDP & Chuck's edit of the Draft GNSO Guidance Process: documents

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

I suggested a few edits and inserted some comments into Anne’s document.  I 
also responded to some of her points below.

Chuck

From: Aikman-Scalese, Anne [mailto:AAikman@xxxxxxxxxx]
Sent: Wednesday, November 19, 2014 2:44 PM
To: 'Mary Wong'; gnso-policyimpl-wg@xxxxxxxxx
Cc: Gomes, Chuck; jscottevans@xxxxxxxxxxx
Subject: RE: Draft GNSO Fast Track PDP & Chuck's edit of the Draft GNSO 
Guidance Process: documents

Many thanks, Mary.  Attached please see a few comments/questions regarding the 
Expedited PDP draft.

As previously mentioned, I think it is important that the WG look at the 
interaction between the Guidance Process and the Expedited PDP provisions, 
especially as to which one to use in which circumstances.  In this regard, my 
initial impressions prior to discussion with the WG on the call are as follows:


1.       EPDP should require Council vote affirming that appropriate 
circumstances as laid out in the draft process do in fact obtain.  I think we 
are saying this requires Supermajority vote when Consensus Policy is involved, 
but it may not be necessary to require Supermajority vote when Consensus Policy 
is not involved.  The point of my comments in the draft is to seek certainty in 
connection with any Council vote on whether these circumstances obtain.  In 
other words, I think the Council vote, once taken,  should not be open to 
question on this point.



2.       Only the Council should initiate EPDP by vote and that neither the 
Board nor an AC should be able to initiate EPDP.[Chuck Gomes]  I agree with 
Anne on this but suggested in the attached file that it might be okay to let 
the Board and an AC request that the Council consider initiating a EPDP.


3.       I think that the Board and ACs SHOULD be able to initiate a Guidance 
Process and that if the GNSO Council believes that Guidance Process is 
insufficient, it should initiate EPDP.[Chuck Gomes]  My understanding as I said 
in an earlier email response to Anne’s message is that the EPDP and the 
Guidance Process are two very different animals.  The EDPD is a PDP that is 
expedited.  The Guidance process is not a PDP.


4.       An EPDP which fails to garner a Supermajority vote for initiation 
should be eligible for consideration to initiate a Guidance Process at the same 
GNSO Council meeting UNLESS the issue involves a change in Consensus 
Policy.[Chuck Gomes]  I am okay with this but as I said in a comment in the 
attached file, if we only require a simple majority threshold for non-consensus 
policy EPDPs, then we would need to decide whether the same applies if a simple 
majority is not achieved.


5.       It should be clear that staff will assist in preparation of the 
scoping document.  This may be assumed but is it clear enough?


6.       It is not clear to me from the EPDP manual provisions whether the 
scoping requirements are mandatory or “recommended” as contained in the title 
of the provision.  (The text itself says “must…at a minimum”.

Thanks for all your hard work in the drafting under significant time pressure I 
am sure.   (As a footnote, I think we should drop the term “guidance” in the 
file name for the EPDP since we are dealing with the differences between the 
GGP “Guidance” process and the Expedited PDP, which is arguably a different 
animal for the Guidance Process.)
Anne

[cid:image001.gif@01D003F5.22177D60]

Anne E. Aikman-Scalese, Of Counsel

Lewis Roca Rothgerber LLP |

One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611

(T) 520.629.4428 | (F) 520.879.4725

AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx> | 
www.LRRLaw.com<http://www.lrrlaw.com/>








From: 
owner-gnso-policyimpl-wg@xxxxxxxxx<mailto:owner-gnso-policyimpl-wg@xxxxxxxxx> 
[mailto:owner-gnso-policyimpl-wg@xxxxxxxxx]<mailto:[mailto:owner-gnso-policyimpl-wg@xxxxxxxxx]>
 On Behalf Of Mary Wong
Sent: Wednesday, November 12, 2014 5:00 PM
To: gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] Draft GNSO Fast Track PDP & Chuck's edit of the 
Draft GNSO Guidance Process: documents

Dear WG members,

Please find attached for your review: (1) a first draft of the proposed GNSO 
Fast Track (Expedited) Policy Development Process, with certain comments and 
questions from staff for your further discussion and guidance; and (2) the 
previously-circulated draft proposed GNSO Guidance Process, with Chuck’s 
suggested edits and comments.

We look forward to further discussion on these documents. Please note that the 
third document, on the proposed GNSO Input Process, is in preparation and will 
be circulated as soon as possible.

Thanks and cheers
Mary

Mary Wong
Senior Policy Director
Internet Corporation for Assigned Names & Numbers (ICANN)
Telephone: +1 603 574 4892
Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>




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Attachment: Proposed GNSO Guidance Fast Track PDP - 12 Nov 2014 - AEAS comments - Gomes comments.docx
Description: Proposed GNSO Guidance Fast Track PDP - 12 Nov 2014 - AEAS comments - Gomes comments.docx