RE: [gnso-vi-feb10] Revised Charter, including updated Definitions

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Thanks, I was confused since it was still in redline.  I also cannot agree
with Milton's formulation because it does not explicitly include an analysis
of the potential effects of any change in policy that has been developed by
Staff or may be developed by the PDP WG.  That must be required in any PDP.
Presumably, Staff has much information and opinion to share about the
potential effects of the policy they have developed thus far.

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com


-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Margie Milam
Sent: Friday, February 19, 2010 8:54 AM
To: icann@xxxxxxxxxxxxxx
Cc: Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] Revised Charter, including updated Definitions


Hi Mike,

I sent a draft out yesterday following our call,  see:
http://forum.icann.org/lists/gnso-vi-feb10/msg00176.html,  although there
has been commentary on this version since then.

Regards,
Margie

________________________________________
From: owner-gnso-vi-feb10@xxxxxxxxx [owner-gnso-vi-feb10@xxxxxxxxx] On
Behalf Of Mike Rodenbaugh [icann@xxxxxxxxxxxxxx]
Sent: Friday, February 19, 2010 9:49 AM
To: 'Stéphane Van Gelder'; 'Rosette, Kristina'
Cc: Gnso-vi-feb10@xxxxxxxxx
Subject: RE: [gnso-vi-feb10] Revised Charter, including updated Definitions

I don't think I've even seen Milton's #5 yet since it came out of the last
call and we are waiting for a new draft, right?

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com


-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Stéphane Van Gelder
Sent: Friday, February 19, 2010 8:41 AM
To: Rosette, Kristina
Cc: Gnso-vi-feb10@xxxxxxxxx
Subject: Re: [gnso-vi-feb10] Revised Charter, including updated Definitions


Kristina,

In the interest of moving forwards and actually getting somewhere on this
charter, may I ask if rather than a blanket objection which prevents us from
finalizing the charter, you would be willing to compromise and propose a
change to some elements of the wording of objective 5 as proposed by Milton?

May I also ask if the rest of the DT supports the current objective 5 as
proposed by Milton? Because if that is the case, then we also have the
option of moving forwards while noting, in the charter, the IPC's objection
(and perhaps suggested rewording).

However, I would much rather go ahead with full consensus.

Thanks,

Stéphane

Le 19 févr. 2010 à 13:57, Rosette, Kristina a écrit :

> I do not support Milton's proposed objective 5.
>
>
> Kristina Rosette
> Covington & Burling LLP
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> ----- Original Message -----
> From: owner-gnso-vi-feb10@xxxxxxxxx <owner-gnso-vi-feb10@xxxxxxxxx>
> To: Gnso-vi-feb10@xxxxxxxxx <Gnso-vi-feb10@xxxxxxxxx>
> Sent: Fri Feb 19 05:19:29 2010
> Subject: Re: [gnso-vi-feb10] Revised Charter, including updated
Definitions
>
>
> Avri, Berry,
>
> Thank you both for your excellent suggestions. Let's go with "working
definitions". I suggest, as we are including definitions under a "working"
title, that we do not add an objective to come up with definitions but
instead, include a footnote to explain what Margie pointed out in her email,
i.e.: that with Staff support the WG can continue to refine these
definitions as it moves ahead with its work, but that refining them at DT
level would have taken too long.
>
> Margie, please update the charter to reflect this.
>
> Then, if there are no further updates, please send the charter as a final
document to the DT by 17 UTC today if possible.
>
> DT members, I would ask that you then take the charter back to your groups
for approval. Please note that the deadline we set for this was next Friday.
I would like to set a deadline at 17 UTC on that day. Would that be workable
for everybody (please let me know if it's not)? At the Council meeting
yesterday, I informed the Council that we were working to provide them with
a final approved document by next Friday so leaving the cut-off line any
later will make it difficult for me to send that to Council on the Friday,
although I realize that time may not be the most convenient for people not
in the Europe zone. I apologize for that in advance.
>
> Thanks,
>
> Stéphane
>
> Le 18 févr. 2010 à 21:23, Avri Doria a écrit :
>
>>
>> Hi,
>>
>> In UN work, we often skirt this issue by calling them working
definitions.
>>
>> Often working definitions are the best one ever gets.
>>
>> I am comfortable calling them working definitions.
>>
>> a.
>>
>> On 18 Feb 2010, at 15:07, Berry Cobb wrote:
>>
>>> VI DT,
>>>
>>> Since there is contention about the definitions included with the
charter, is there a chance that we can add language that these definitions
are work in progress?   Further, can we state this as an objective to the WG
that the refinement of these definitions occur?  Something like??
>>>
>>> Objective 7:  To formally define Vertical Integration, Cross Ownership,
and other terms as necessary to establish VI policy for broad use by the
internet community.
>>>
>>> If we were to establish this as an objective, it should probably be
labeled as Objective #1 or #2 as they lay the foundation from which the WG
would establish policy, if any.
>>>
>>> Just a thought.
>>>
>>> As was stated on a prior call, I do not believe we would have the
Charter Objectives we have now without these definitions and I would hate
for the WG to start from scratch.
>>>
>>> Berry A. Cobb
>>> Infinity Portals LLC
>>> 866.921.8891
>>>
>>> From: owner-gnso-vi-feb10@xxxxxxxxx
[mailto:owner-gnso-vi-feb10@xxxxxxxxx] On Behalf Of Margie Milam
>>> Sent: Thursday, February 18, 2010 11:27
>>> To: Gnso-vi-feb10@xxxxxxxxx
>>> Subject: [gnso-vi-feb10] Revised Charter, including updated Definitions
>>>
>>> Dear All,
>>>
>>> Please find attached a revised charter, that includes suggestions made
to date by Brian Cute and Jeff Eckhaus, for your review.   I did not include
Kristina?s recent email  suggestion, because I didn?t recall what variations
were proposed by Milton with respect to ?resale and wholesale markets.?
>>>
>>> Please note that the revisions to the definitions  are intended to track
the language used in current registry agreements.  These agreements use the
terms ?equivalent access? and ?non-discriminatory access? to describe these
obligations, but do not actually define these terms.
>>>
>>> At yesterday?s call there was a request that Staff develop definitions
to be consistent with the analysis done through the implementation process.
Doing this will take longer than a few days, so we suggest that the working
group  finalize the charter based  on the current definitions.   Staff can
continue to further develop these  definitions if that is useful to the
working group, and update the charter when they are available.
>>>
>>> Best Regards,
>>>
>>> Margie
>>>
>>> ____________
>>>
>>> Margie Milam
>>> Senior Policy Counselor
>>> ICANN
>>> ____________
>>
>>
>
>