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[gnso-policyimpl-wg] Re: For your review - updated public comment review tool

  • To: "Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>, "'Gomes, Chuck'" <cgomes@xxxxxxxxxxxx>, "gnso-policyimpl-wg@xxxxxxxxx" <gnso-policyimpl-wg@xxxxxxxxx>
  • Subject: [gnso-policyimpl-wg] Re: For your review - updated public comment review tool
  • From: Marika Konings <marika.konings@xxxxxxxxx>
  • Date: Tue, 5 May 2015 14:39:36 +0000

Anne, for the EPDP, the same provisions apply as for the PDP. For the GIP, it 
currently notes that 'The GNSO Council may terminate or suspend a GIP at any 
time on the recommendation of the GIP Team or any Council member. Termination 
or suspension could be considered if events have occurred since the initiation 
of the GIP that have rendered the GIP moot, no longer necessary or another 
process such as a PDP more appropriate’. Note, that the GIP is intended to 
develop feedback such as for example the recently developed input to the FY16 
budget. As this is supposed to be a very lightweight process, it may not be 
prudent to put stringent requirements in place for termination which may be 
appropriate in the context of a GGP or EPDP/PDP?

Best regards,

Marika

From: <Aikman-Scalese>, Anne <AAikman@xxxxxxxxxx<mailto:AAikman@xxxxxxxxxx>>
Date: Tuesday 5 May 2015 16:33
To: Chuck Gomes <cgomes@xxxxxxxxxxxx<mailto:cgomes@xxxxxxxxxxxx>>, Marika 
Konings <marika.konings@xxxxxxxxx<mailto:marika.konings@xxxxxxxxx>>, 
"gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>" 
<gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>>
Subject: RE: For your review - updated public comment review tool

Chuck,  I will be able to check with IPC on Wednesday.  It strikes me that the 
PDP termination provisions should apply to all of our new processes – that is 
in terms of providing a report on termination.  Very honestly, at the moment I 
would have to ask staff what applies to GIP and EPDP I terms of  termination.
Thank you,
Anne

[cid:image001.gif@01D08705.BA039E90]

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: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
Sent: Monday, May 04, 2015 10:56 AM
To: Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: For your review - updated public comment review tool

Let me make sure I understand Anne.  Would you and presumable the IPC support a 
simple majority vote of both houses to terminate a GGP if we apply the other 
termination conditions as exist for a PDP?

Marika/Mary – It might be helpful if we did a review of what those other 
conditions are.

Chuck

From: Aikman-Scalese, Anne [mailto:AAikman@xxxxxxxxxx]
Sent: Monday, May 04, 2015 1:35 PM
To: Gomes, Chuck; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: For your review - updated public comment review tool

If so, this should be required – perhaps by applying the same rules as those 
which are applicable to termination of a PDP.
Thank you,
Anne

[cid:image001.gif@01D08705.BA039E90]

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: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
Sent: Sunday, May 03, 2015 5:28 PM
To: Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: For your review - updated public comment review tool

Thanks Anne,

What if it looks like it is impossible to reconcile differences?  It might be 
very possible to list majority opinions (if there are any) and minority 
opinions without continuing the GGP.

Chuck

From: Aikman-Scalese, Anne [mailto:AAikman@xxxxxxxxxx]
Sent: Sunday, May 03, 2015 3:32 PM
To: Gomes, Chuck; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: For your review - updated public comment review tool

In the most common case, the ICANN Board needs an answer in order to reconcile 
differing advice.   Without any advice, not even a listing of majority and 
minority opinions, the Board proceeds without GNSO input.
Anne

[cid:image001.gif@01D08705.BA039E90]

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: Gomes, Chuck [mailto:cgomes@xxxxxxxxxxxx]
Sent: Friday, May 01, 2015 6:56 AM
To: Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: RE: For your review - updated public comment review tool

Thanks Anne for providing this clarification.  I have a follow-up question for 
you: What value is there is continuing a GGP if at least a simple majority of 
the Council doesn’t believe that it will be productive?

Chuck

From:owner-gnso-policyimpl-wg@xxxxxxxxx<mailto:owner-gnso-policyimpl-wg@xxxxxxxxx>
 [mailto:owner-gnso-policyimpl-wg@xxxxxxxxx] On Behalf Of Aikman-Scalese, Anne
Sent: Thursday, April 30, 2015 9:15 PM
To: 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] RE: For your review - updated public comment 
review tool

Thanks Marika.
The rationale behind the IPC response to Q 12.5 is that the GGP is likely to be 
used most often when the ICANN Board requests input in relation to an issue 
that arises during implementation, whether as a result of new facts learned, or 
as a result of new GAC or other advice.  For example, if ALAC asks the Board to 
halt launch of all gTLDs that require safeguards, the Board might want to 
initiate a GGP and if GNSO Council does not vote this down by a supermajority, 
the GGP would proceed.  Given that the Board is seeking an answer and seeking 
to reconcile differences of opinion in the community, the question should 
require the same Supermajority to terminate as a PDP.  Terminating via simple 
majority could be a method of stonewalling and getting the result one was not 
able to achieve when the vote was taken on the Board-initiated GGP.  (In other 
words, why would it only take a simple majority to terminate a GGP when it 
takes a supermajority to stop a GGP from being commenced if initiated by the 
ICANN Board?)

Anne

[cid:image001.gif@01D08705.BA039E90]

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] On Behalf Of Marika Konings
Sent: Wednesday, April 29, 2015 1:56 PM
To: gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] For your review - updated public comment review 
tool

Dear All,

Please find attached for your review the updated public comment review tool 
that should reflect today’s discussion. If you have any comments or edits 
please share those with the list.

Anne and Carlos, please note that there are a couple of specific items that the 
WG is looking for your input on (Anne, see comment Q12.5, Carlos see comments 
Q14.3 and G.1). Your feedback would be appreciated.

Note that everyone is encouraged to share any and all comments, questions or 
additional issues that require further conversation by the WG by Monday 4 May 
at 23:59 UTC at the latest. Based on the input provided, the Chairs will decide 
on Tuesday whether or not a WG meeting is needed next Wednesday as staff will 
require some additional time before a next draft of the report is produced 
(target date 13 May).

Best regards,

Marika

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This message and any attachments are intended only for the use of the 
individual or entity to which they are addressed. If the reader of this message 
or an attachment is not the intended recipient or the employee or agent 
responsible for delivering the message or attachment to the intended recipient 
you are hereby notified that any dissemination, distribution or copying of this 
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The information transmitted in this message and any attachments may be 
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