RE: [gnso-vi-feb10] Initial Report -- Compliance section

["Ron Andruff" <randruff@xxxxxxxxxxxxxxx>]

Compliance -- serious compliance -- is the one thing that everyone on the WG
agrees with in some form or another.  Supplying Readers with a list of the
types of things that we are talking about is important in this Interim
Draft.  I don't think any of us actually believe that ICANN staff will take
this list and write it into the final Applicant Guidebook, so, for my part,
I think we should go with it and -- like all of this report -- tighten up
those things that need it when we get to our Final Report.

In short, leave the compliance piece as is for now.

Thanks,


Ronald N. Andruff
RNA Partners, Inc.


 

-----Original Message-----
From: owner-gnso-vi-feb10@xxxxxxxxx [mailto:owner-gnso-vi-feb10@xxxxxxxxx]
On Behalf Of Mike O'Connor
Sent: Thursday, July 22, 2010 9:53 AM
To: Antony Van Couvering; briancute@xxxxxxxxxxxx Cute
Cc: Gnso-vi-feb10@xxxxxxxxx
Subject: Re: [gnso-vi-feb10] Initial Report -- Release-candidate draft is
out on the wiki


hi all,

looks like we've got a few ways to go here...

-- the drafting-group could develop a replacement that works better for all

-- the offending list could get chopped off the draft

-- we could amplify the "this is a draft" header to make it clear that this
one is pretty far from agreement

what say you drafting-group folks.  how about one more try at getting this
one a bit closer to agreement.

thanks,

mikey


On Jul 21, 2010, at 9:58 PM, Antony Van Couvering wrote:

> 
> I see that the kitchen sink full of specific compliance measures, which
were never discussed, much less agreed to, and of which many only make sense
in certain models, are back in the compliance draft.   They certainly cannot
be qualified as principles that I agree with -- and others have seconded
this.  
> 
> The compliance draft states:  "Where there seems to be agreement is in the
notion that an effect Compliance function is needed -- to increase
confidence that harmful behavior will be quickly identified and stopped, and
to provide better information upon which to base policy in the future."  I
with agree to this, but in a general sense only.  This sentence, followed by
the kitchen sink list, suggest that there "seems to be agreement" on the
kitchen sink.   There isn't.  That is a mischaracterization. 
> 
> The drafter of this list first ignored my timely comment, which was
seconded by Milton Mueller, and subsequently suggested that my amendments,
which I provided in a red-lined Word doc, were too late and without support.
Neither of these implications are true, and I strongly object to my entirely
reasonable points being ignored.
> 
> Apart from the fact that many of these items don't make any logical sense
from the perspective of ICANN enforcement, a drafter for a group has an
obligation to be neutral and listen to others, air objections, and try to
find consensus.   This happened in the exceptions drafting group, where my
suggestions were overruled by the others.  That was fair, and I acceded to
their correct observations that my suggestions did not have consensus either
in the wider group or within our drafting subgroup.  
> 
> In the compliance group, however, things have proceeded rather
differently.  Even when I proposed alternate language, and others agreed
with me, we were ignored.  
> 
> If the itemized list of compliance measures stay in there, I will have to
forcefully dissent.  These items are a wish-list of the drafter, and not the
result of group input.  
> 
> Antony
> 
> 
> On Jul 21, 2010, at 7:18 PM, Mike O'Connor wrote:
> 
>> 
>> hi all,
>> 
>> the latest (and hopefully final) version of the Initial Report is out on
the wiki.  here's the link;
>> 
>>
https://st.icann.org/vert-integration-pdp/index.cgi?initial_report_snapshots
>> 
>> i think we've achieved reasonable balance -- a report that everybody
dislikes about equally.  :-)
>> 
>> mikey
>> 
>> 
>> - - - - - - - - -
>> phone        651-647-6109  
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>> 
>> 
> 

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