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Re: [gtld-council] Regarding consensus

  • To: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Subject: Re: [gtld-council] Regarding consensus
  • From: 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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