RE: Reminder: [gnso-policyimpl-wg] Deadline for review - 13 January - PI Draft Initial Report

["Michael Graham (ELCA)" <migraham@xxxxxxxxxxx>]

I agree that the Principles are important to the understanding of the 
proposals, and would prefer they remain part of the Draft.  I do agree, too, 
with Chuck, that a multiple choice question might be appropriate to include 
with the Draft for completion as part of the Public C omment.

Michael R. Graham
Senior Corporate Counsel, Intellectual Property
Expedia Legal & Corporate Affairs
T +1 425.679.4330 | F +1 425.679.7251
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Expedia, Inc.
333 108th Avenue NE | Bellevue | WA 98004
MiGraham@xxxxxxxxxxx<mailto:MiGraham@xxxxxxxxxxx>
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From: owner-gnso-policyimpl-wg@xxxxxxxxx 
[mailto:owner-gnso-policyimpl-wg@xxxxxxxxx] On Behalf Of Gomes, Chuck
Sent: Tuesday, January 13, 2015 5:22 PM
To: Aikman-Scalese, Anne; 'Olévié Kouami'
Cc: Marika Konings; gnso-policyimpl-wg@xxxxxxxxx
Subject: RE: Reminder: [gnso-policyimpl-wg] Deadline for review - 13 January - 
PI Draft Initial Report

Thanks Anne.  Please see a few responses below.

Chuck

From: Aikman-Scalese, Anne [mailto:AAikman@xxxxxxxxxx]
Sent: Tuesday, January 13, 2015 7:32 PM
To: 'Olévié Kouami'; Gomes, Chuck
Cc: Marika Konings; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: Reminder: [gnso-policyimpl-wg] Deadline for review - 13 January - 
PI Draft Initial Report

I think "Preamble" is a fine word to use in this context.  My further thoughts 
are as follows:


1.        The WG needs an Executive Summary to be reviewed in our January 14 
call. This report is due no later than January 19.  The Executive Summary very 
important and we need to see and discuss it.

2.       I think we should ask commenters whether they believe the Principles 
should be adopted by the GNSO and/or the Board.
[Chuck Gomes] I question whether commenters will have enough background to 
answer this question.  Also, it seems to me that the principles are critical to 
our recommendations. As a WG it is up to us to propose recommendations and ask 
commenters to respond.  We could ask a multiple choice question for each of the 
recommendations.  I think that would be okay.

3.       I agree with Chuck that policy is "developed" rather than "determined" 
by GNSO.  Would actually say "policy recommendations" are "developed" and that 
policy is made by the Board if you read the By-Laws carefully.

4.       I still do not understand the tautological definitions of "binding" 
and "non-binding force".  These have to somehow relate to the ICANN By-Laws or 
there is no true meaning to the terms in the context of recommendations and/or 
comments from GNSO.  Does "binding force" refer to recommendations that require 
a certain majority of the Board in order to overthrow?
[Chuck Gomes] I believe that 'binding' refers to the fact that registries and 
registrars are required to implement them although I confess that I am not 
looking at the document at the moment so I can't see the context.

5.       In the "macro" overview of our work, I think we need to ask for public 
comment as to whether commenters believe that the suggested new processes will 
actually result in streamlined standardized issue resolution.

I did not do a detailed review this time due to the time-consuming nature of 
remote participation in the Non-Contracted Parties House Intersessional meeting 
in D.C.  Looking forward to speaking with all of you tomorrow.

Anne

[cid:image001.gif@01D02F57.0FAB7720]

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 Olévié Kouami
Sent: Tuesday, January 13, 2015 1:41 PM
To: Gomes, Chuck
Cc: Marika Konings; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: Re: Reminder: [gnso-policyimpl-wg] Deadline for review - 13 January - 
PI Draft Initial Report



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