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 Re: [gtld-council] Regarding consensus
To: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>Subject: Re: [gtld-council] Regarding consensusFrom: Robin Gross <robin@xxxxxxxxxxxxx>Date: Fri, 25 May 2007 07:12:04 -0700 
 
Hi Chuck,
Thanks for the response.  I remember spending about 5 minutes on the 
NCUC proposal at the LA meeting and that is all.   And I was trying to 
participate remotely at that meeting and it was almost impossible to 
hear anyone and have a real discussion due to technical difficulties 
with the teleconference.   So my 3rd point is to ask for a meaningful 
discussion on the NCUC proposal. 
Thank you,
Robin
Gomes, Chuck wrote:
 
Robin,
I would disagree with you on your third point because as a participant
in the New gTLD Committee I recall us spending lots of time considering
the issues and recommendations the NCUC put forward. Ultimately, it will
be up to the Council to decide whether rough consensus was reached.  But
rough consensus does not mean that everyone got everything they wanted;
I know for a fact that that is not the case for the RyC.  But I do
believe we are moving toward a set of recommendations that most of us
can support and that is the goal.  Is there still some work to do?  Yes.
Chuck Gomes
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-----Original Message-----
From: owner-gtld-council@xxxxxxxxxxxxxx 
[mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross 
Sent: Friday, May 25, 2007 5:44 AM
To: Bruce Tonkin; gtld-council@xxxxxxxxxxxxxx
Subject: Re: [gtld-council] Regarding consensus
I have not seen the majority consensus that supports this 
controversial 
draft proposal on new gtlds.   I question this point. 
I think we need to have some discussion as to whether the 
existing draft policy for new gtlds does, in fact, reflect 
the view of the majority of 
the gtld-council.   I have had conversations with other 
council members 
who also question the direction that this policy takes. 
It seems to me that we are rushing to conclude this policy 
recommendation, perhaps for administrative reasons; but it is 
no where near a coherent policy that reflects the reality of 
existing international law, or the reality that an ICANN 
process could, as a practical matter, decide between 
competing public policy goals or differing views of morality. 
So I'd like to propose three things:
1. Discuss whether the existing draft policy actually 
reflects the consensus view of the committee. 
2.  Accept input from neutral outside experts regarding how 
this draft policy tracks existing international legal 
standards for trademark rights and free expression rights. 
3.  In February, NCUC made a proposal to amend the draft 
policy recommendation, and the draft has yet to deal with the 
NCUC proposal in any way.  
 http://www.ipjustice.org/ICANN/drafts/022207.html
So I respectfully request that the policy development process 
deal with, or at least explain, why these proposals are not 
being considered. 
Thank you,
Robin
 I think it comes down to whether the point is seen as a "friendly 
amendment" - ie in someway enhances the current recommendation, or 
whether the point is essentially an argument against the 
     
 
recommendation
 as a whole, or is a completely new recommendation.   The 
     
 
recommendations
 as they are drafted are intended to reflect the staff's 
     
understanding 
of the majority.
 
 
 
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