[gnso-policyimpl-wg] RE: For review - Updated draft Final Report - Deadline for flagging issues for further consideration - Wednesday 20 May

["Aikman-Scalese, Anne" <AAikman@xxxxxxxxxx>]

Michael,
I think you and Chuck make good points about the type of issue involved. In 
that regard, it would be helpful  - as a check on our reasoning as a group – to 
revisit briefly the items we studied at the beginning of our work which were 
addressed on a “ad hoc” basis.

Perhaps staff could take a shot at identifying which of these new processes 
would be applicable to each of those issues (instead of the ad hoc procedure 
that was actually used).

Since the “ad hoc in the dark solution” is what we are trying to cure, it would 
be good to know how we anticipate that the processes we have developed could be 
used in those situations – for example,  Specification 13 – which new process?  
Strawman Solution – which new process?  It would be good to know this before we 
release the Final Report – especially because Chuck might have to answer a 
question or two on these points when he gives his report to Council.

Anne

[cid:image001.gif@01D09237.23B55F90]

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: Michael Graham (ELCA) [mailto:migraham@xxxxxxxxxxx]
Sent: Tuesday, May 19, 2015 1:17 PM
To: Gomes, Chuck; Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx
Subject: RE: For review - Updated draft Final Report - Deadline for flagging 
issues for further consideration - Wednesday 20 May

I agree with Chuck’s comments – even if the possible length of time to 
completion is the same, there are differences in what would be appropriate to 
each.

Michael R. Graham
Senior Corporate Counsel, Intellectual Property
Expedia Legal & Corporate Affairs
T +1 425.679.4330 | F +1 425.679.7251
M +1 425.241.1459
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> 
[mailto:owner-gnso-policyimpl-wg@xxxxxxxxx] On Behalf Of Gomes, Chuck
Sent: Tuesday, May 19, 2015 12:32 PM
To: Aikman-Scalese, Anne; 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] RE: For review - Updated draft Final Report - 
Deadline for flagging issues for further consideration - Wednesday 20 May

Please see my comments below Anne.

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: Tuesday, May 19, 2015 1:25 PM
To: 'Marika Konings'; 
gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] RE: For review - Updated draft Final Report - 
Deadline for flagging issues for further consideration - Wednesday 20 May

Thanks Marika.   I am still a bit concerned that we will get a question as to 
why anyone would ever initiate a GGP if it takes just as long as an EPDP.  
People might have a tendency to say  - why do a GGP when you may determine in 
that process that Consensus Policy is involved and if it will take just as 
long?  Why not just start with an EPDP and eliminate the complication of having 
two different procedures to initiate?
[Chuck Gomes] It is important to understand the following: 1) EPDP’s can only 
be used in very restricted circumstances so if the criteria are not met a full 
PDP would have to be used; 2) not all issues are appropriate for PDPs so in 
those cases a GGP might be the appropriate vehicle.

I am asking this because I think it is a question that could reasonably be 
asked by a Council Member when we make our Final Report.  I do not think that  
“Yes, but it MIGHT be shorter” is a good answer to that question.
[Chuck Gomes] It is not just about how long it takes.  For sure, if a topic is 
eligible for policy work and a consensus policy is needed for enforcement, then 
a PDP or EPDP could be considered and should be instead of a GGP.  If not, then 
it might not matter which process was used.

I wish I had a suggestion for shortening the GGP process – or a mechanism for 
the GGP Team to determine within a fixed shorter period of time – e.g. 60 days, 
whether an EPDP is necessary.[Chuck Gomes]  In most cases a topic will probably 
not fit the conditions for an EPDP.

Anne

[cid:image001.gif@01D09237.23B55F90]

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: Monday, May 18, 2015 6:26 AM
To: gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>
Subject: [gnso-policyimpl-wg] For review - Updated draft Final Report - 
Deadline for flagging issues for further consideration - Wednesday 20 May

Dear All,

Please find attached the latest version of the draft Policy & Implementation 
Final Report. This version includes the changes made during last week’s PI 
meeting as well as proposed language to reflect that the GGP and IRT should not 
be used to re-open previously dealt with policy issues (note, I’ve marked these 
changes with a comment). You’ll also find included a new annex H with the 
estimated timelines. Staff comments that were addressed during the last meeting 
have been removed, but please note that there are a still a couple of staff 
comments in Annex I and K that have not been discussed yet.

As noted before, please flag any other items that require further discussion by 
the WG prior to the WG meeting on Wednesday 20 May.

Best regards,

Marika

From: Marika Konings <marika.konings@xxxxxxxxx<mailto:marika.konings@xxxxxxxxx>>
Date: Wednesday 13 May 2015 22:47
To: "gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>" 
<gnso-policyimpl-wg@xxxxxxxxx<mailto:gnso-policyimpl-wg@xxxxxxxxx>>
Subject: [gnso-policyimpl-wg] Deadline for flagging issues for further 
consideration - Wednesday 20 May

Dear All,

Following today’s meeting, please note that the deadline for flagging any other 
items that need further consideration by the WG in relation to the draft Final 
Report is next Wednesday 20 May prior to the PI WG meeting. For your 
convenience, you’ll find the latest draft attached. Note that an updated 
version incorporating the issues discussed during today’s meeting will be 
circulated early next week.

Best regards,

Marika

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