[npoc-voice] Re: [PC-NCSG] Proposed NCSG PC statement for IOC/RC issue

[Alain Berranger <alain.berranger@xxxxxxxxx>]

Hi Mary,

I do feel that your rationale below is correct and your suggestions
appropriate. Given the situation however, it is best to stick to the full
NPOC statement as it may be otherwise interpretated if incomplete. Indeed
NPOC favors a broader generic criteria but not at the expense of the
current exemption - just for future use, because the retroactive
application of the criteria will justify the current exemption. I think the
"International Legal Personality" will prove to be a robust test and limit
the scope and impact of precedence.

Your suggested sentence works for me better if the full NPOC statement is
included...ie...:

* a) that the IOC and RC receive exemption;  and b) that any organization
would receive the same treatment if they past the "International Legal
Personality" test. Hence, the proposal: Would receive new gTLD protection
"Any organization operating globally in the public interest and enjoying
International Legal Personality in the country where its Headquarters are
located, and its members."*

Thanks for your consideration of NPOC's views.

Best regards, Alain

On Fri, Mar 23, 2012 at 6:41 PM, <Mary.Wong@xxxxxxxxxxx> wrote:

>  Hi Alain
>
> Thanks for the note; I don't know who from NPOC is on the PC list so your
> note is helpful. I would like to explain that the reason I didn't
> specifically state the NPOC proposal in the comment I drafted for the PC is
> because (as mentioned in the comment) our reasons and other positions have
> been stated elsewhere (e.g. at the GNSO Council meeting in Costa Rica). In
> the comment, I also mention the need for a more well-thought-out and
> thorough discussion of the appropriate criteria upon which to base
> protections for IGOS and other organizations which act in the global public
> interest - my intention there was to allude to the NPOC proposal, which
> essentially suggests a similar development of broad generic criteria.
>
> Would it help if I added a sentence in that part of the comment, that
> states something like "A proposal to develop well-substantiated general
> criteria that would protect international organizations acting in the
> global public interest was recently submitted by NCSG's new Non Profit
> Organizational Concerns constituency (NPOC). That proposal ought to be
> considered as part of the fuller discussion that should take place for the
> second round of new gTLDs"?
>
> Cheers
> Mary
>
>
>  *Mary W S Wong*
> *Professor of Law*
> *Chair, Graduate IP Programs*
> *Director, Franklin Pierce Center for IP*
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH
> 03301 USA Email: mary.wong@xxxxxxxxxxx Phone: 1-603-513-5143 Webpage:
> http://www.law.unh.edu/marywong/index.php Selected writings available on
> the Social Science Research Network (SSRN) at:
> http://ssrn.com/author=437584>>>
>     *From: * Alain Berranger <alain.berranger@xxxxxxxxx> *To:* <
> Mary.Wong@xxxxxxxxxxx> *CC:* "Klaus.Stoll" <klaus.stoll@xxxxxxxxxxxxxx>,
> "Carson, Michael" <Michael.Carson@xxxxxxxx>, Robin Gross <
> robin@xxxxxxxxxxxxx>, Avri Doria <avri@xxxxxxx>, Konstantinos Komaitis <
> k.komaitis@xxxxxxxxxxxx>, Lori Schulman <lori.schulman@xxxxxxxx>, Eduardo
> Monge <eduardo.monge@xxxxxxxxx>, "Branzelle, Judy" <
> Judy.Branzelle@xxxxxxxxxxxx>, Amber Sterling <asterling@xxxxxxxx> *Date: * 
> 3/23/2012
> 5:55 PM *Subject: * Re: [PC-NCSG] Proposed NCSG PC statement for IOC/RC
> issue
> Hi Mary, Robin,
>
> I'm not on NCSG-PC list (it is Klaus and Michael who have represented NPOC
> up to now). Klaus - now an elected officer - is off line in Germany for
> personal reasons. Michael did not run for elections, so we will have to
> appoint a new elected officer to designate an elected NPOC officer on
> NCSG-PC. I will advise soon on that.
>
> Meanwhile, I would like to remind you that NPOC's position has not been
> reflected, perhaps even ignored in this discussion. I restate:
>
>  *NPOC's interim EC (as I said, we now have an elected NPOC EC - more
> news about that soon) supported a) that the IOC and RC receive exemption;
> and b) that any organization would receive the same treatment if they past
> the "International Legal Personality" test. Hence, the proposal: Would
> receive new gTLD protection "Any organization operating globally in the
> public interest and enjoying International Legal Personality in the country
> where its Headquarters are located, and its members."*
>
> I believe this position by one of the two constituencies of NCSG should be
> mentioned in the NCSG statement.
>
> Alain
>
>
> On Fri, Mar 23, 2012 at 4:44 PM, <Mary.Wong@xxxxxxxxxxx> wrote:
>
>>  Thanks to all for their kind words. So far, we have Yes to submit from
>> voting PC members Robin, Bill, Wolfgang, Joy, Brendan and me. I believe KK
>> is out on vacation, and have not heard from Wendy, Rafik, Amber or Alain.
>> Avri as one of our two observers also supports the statement.
>>  Since KK, Wendy and Rafik all oppose the motion as presented, I believe
>> that the numbers indicate we have rough consensus on the proposed
>> statement. As the due date for public comments on the IOC/RC issue is
>> today, and we have only a few hours left, I will be sending in the
>> statement unless I hear otherwise from someone before 7 p.m. EST (11 p.m.
>> UTC) today.
>>  Thanks, all!
>>  Cheers
>> Mary
>>
>>   *Mary W S Wong*
>> *Professor of Law*
>> *Chair, Graduate IP Programs*
>>  *Director, Franklin Pierce Center for IP*
>> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH
>> 03301 USA Email: mary.wong@xxxxxxxxxxx Phone: 1-603-513-5143 Webpage:
>> http://www.law.unh.edu/marywong/index.php Selected writings available on
>> the Social Science Research Network (SSRN) at:
>> http://ssrn.com/author=437584>>>
>>     *From: * Robin Gross <robin@xxxxxxxxxxxxx> *To:* NCSG-Policy <
>> PC-NCSG@xxxxxxxxxxxxx> *Date: * 3/23/2012 2:46 PM *Subject: * Re:
>> [PC-NCSG] Proposed NCSG PC statement for IOC/RC issue
>>  I agree that we should submit the comment and that it forms a good
>> basis for NCSG to vote NO on Jeff's motion. Thanks, Mary!
>>
>> Robin
>>
>>
>>  On Mar 23, 2012, at 6:02 AM, Brenden Kuerbis wrote:
>>
>> Fantastic summary of the issues, thanks Mary! Please submit on behalf of
>> the PC.
>>
>> Best regards,
>>
>>
>> ---------------------------------------
>> Brenden Kuerbis
>> Internet Governance Project
>> http://internetgovernance.org
>>
>>
>> 2012/3/23 "Kleinwächter, Wolfgang" <
>> wolfgang.kleinwaechter@xxxxxxxxxxxxxxxxxxxxxxx>
>>
>>> Well drafted Mary. Go ahead.
>>>
>>> wolfgang
>>>
>>>
>>> ________________________________
>>>
>>> Von: pc-ncsg-bounces@xxxxxxxxxxxxx im Auftrag von Mary.Wong@xxxxxxxxxxx
>>> Gesendet: Fr 23.03.2012 05:06
>>> An: Avri Doria; NCSG-Policy
>>> Betreff: [PC-NCSG] Proposed NCSG PC statement for IOC/RC issue
>>>
>>>
>>>
>>> Hi, doing my usual hijack - if you can, please review the attached draft
>>> statement that I'd be happy to put in on behalf of the PC before the public
>>> comment period closes in less than 24 hours' time. Apologies upon apologies
>>> for not being able to get this to you earlier, but it's been a squeeze even
>>> trying to churn this out. If I may, I'd like to ask that folks please
>>> please please not do multiple simultaneous edits and redlines - just do a
>>> reply all with your comments for discussion and possible amendment of the
>>> statement. That will be much more efficient, I think, especially as my
>>> bandwidth on Friday is pretty limited :(
>>>
>>>
>>> Thanks,
>>>
>>> Mary
>>>
>>>
>>> Mary W S Wong
>>> Professor of Law
>>> Director, Franklin Pierce Center for IP
>>> Chair, Graduate IP Programs
>>> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
>>> 03301USAEmail: mary.wong@xxxxxxx.eduPhone: 1-603-513-5143Webpage:
>>> http://www.law.unh.edu/marywong/index..phpSelected <
>>> http://www.law.unh.edu/marywong/index.phpSelected> writings available
>>> on the Social Science Research Network (SSRN) at:
>>> http://ssrn.com/author=437584
>>> As of August 30, 2010, Franklin Pierce Law Center has affiliated with
>>> the University of New Hampshire and is now known as the University of New
>>> Hampshire School of Law. Please note that all email addresses have changed
>>> and now follow the convention: firstname.lastname@xxxxxxxxxxx. For more
>>> information on the University of New Hampshire School of Law, please visit
>>> law.unh.edu
>>>
>>>
>>> >>>
>>>
>>> From:
>>>
>>> Avri Doria <avri@xxxxxxx>
>>>
>>> To:
>>>
>>> NCSG-Policy <PC-NCSG@xxxxxxxxxxxxx>
>>>
>>> Date:
>>>
>>> 3/22/2012 11:28 PM
>>>
>>> Subject:
>>>
>>> Re: [PC-NCSG] [council] Proposed Agenda for the Special GNSO Council
>>> Meeting 26 March 2012 at 16:00 UTC
>>>
>>> Some of us have spoken about it being important to be in full force at
>>> this meeting and to have people like KK, RG, MM and me acting as temporary
>>> substitutes for anyone who can't make it
>>>
>>> Bill has asked me, assuming it is ok with you all.
>>>
>>> Perhaps others can consider a similar level of participation.
>>>
>>> avri
>>>
>>> On 22 Mar 2012, at 19:49, Rafik Dammak wrote:
>>>
>>> > hi Wendy,
>>> >
>>> > yes sure, just tell me about your vote intention :)
>>> >
>>> > Best,
>>> >
>>> > Rafik
>>> >
>>> >
>>> > 2012/3/23 Wendy Seltzer <wendy@xxxxxxxxxxx>
>>> > As discussed at the Council wrap-up, I will be unable to make this
>>> > meeting while traveling. Rafik offered to take my proxy -- does this
>>> > still work for you, Rafik?
>>> >
>>> > Thanks,
>>> > --Wendy
>>> >
>>> > -------- Original Message --------
>>> > Subject: [council] Proposed Agenda for the Special GNSO Council Meeting
>>> > 26 March 2012 at 16:00 UTC
>>> > Date: Thu, 22 Mar 2012 13:41:28 -0700
>>> > From: Glen de Saint Géry <Glen@xxxxxxxxx>
>>> > To: council@xxxxxxxxxxxxxx <council@xxxxxxxxxxxxxx>
>>> >
>>> > Proposed Agenda for the Special GNSO Council Meeting 26 March 2012
>>> > http://gnso.icann.org/meetings/agenda-council-26mar12-en.htm
>>> >
>>> > The Agenda posted on the Wiki page usually has the latest updates:
>>> >
>>> https://community.icann.org/display/gnsocouncilmeetings/Agenda+26+March+2012
>>> > The motions can be found on page:
>>> >
>>> https://community.icann.org/display/gnsocouncilmeetings/Motions+26+March+2012
>>> >
>>> > Note that this agenda may be updated as more information becomes
>>> > available so interested parties are encouraged to periodically check
>>> for
>>> > the latest updates on the GNSO Council
>>> > workspace.<
>>> https://community.icann.org/display/gnsocouncilmeetings/Home>
>>> > This agenda was established according to the GNSO Council Operating
>>> > Procedures approved 22 September 2011 for the GNSO Council and updated.
>>> > http://gnso.icann.org/council/gnso-operating-procedures-16dec11-en.pdf
>>> > For convenience:
>>> > * An excerpt of the ICANN Bylaws defining the voting thresholds is
>>> > provided in Appendix 1 at the end of this agenda.
>>> > * An excerpt from the Council Operating Procedures defining the
>>> absentee
>>> > voting procedures is provided in Appendix 2 at the end of this agenda.
>>> >
>>> > Meeting
>>> > Times<
>>> http://www.timeanddate.com/worldclock/fixedtime.html?msg=Special+Council+Meeting&iso=20120326T16
>>> >
>>> > Coordinated Universal Time: 16:00 UTC
>>> > 09:00 Los Angeles; 12:00 Washington DC; 17:00 London; 18:00 Paris;
>>> 01:00
>>> > Tokyo;
>>> > 27 March 2012
>>> > 05:00 Wellington
>>> > Councilors should notify the GNSO Secretariat in advance if a dial out
>>> > call is needed.
>>> >
>>> > Item 1: Administrative matters (10 minutes)
>>> > 1.1 Roll Call
>>> >
>>> > 1.2 Statement of interest updates
>>> >
>>> > 1.3 Review/amend agenda
>>> >
>>> > Item 2: Red Cross and Olympic Committee names
>>> >
>>> > A GNSO Drafting Team is working on a charter to determine
>>> > recommendations how to handle the protection of RC and IOC names at the
>>> > top level for the current new gTLD application round to send to the
>>> > ICANN Board. Council must now vote on whether to approve these
>>> > recommendations.
>>> >
>>> > This motion was deferred from the San José Council meeting. Due to the
>>> > severe time constraints involved in acting on the Drafting Team's
>>> > recommendations, this motion is being considered today as an emergency
>>> item.
>>> >
>>> >
>>> https://community.icann.org/display/gnsocouncilmeetings/Motions+14+March+2012
>>> >
>>> >
>>> > 2.1 Reading of the motion (Jeff Neuman)
>>> > 2.2 Discussion
>>> > 2.3 Vote
>>> >
>>> >
>>> >
>>> >
>>> > Item 3: Any Other Business (5 minutes)
>>> >
>>> > Appendix 1: GNSO Council Voting Thresholds (ICANN Bylaws, Article X,
>>> > Section 3)
>>> > 9. Except as otherwise specified in these Bylaws, Annex A hereto, or
>>> the
>>> > GNSO Operating Procedures, the default threshold to pass a GNSO Council
>>> > motion or other voting action requires a simple majority vote of each
>>> > House. The voting thresholds described below shall apply to the
>>> > following GNSO actions:
>>> > 1. Create an Issues Report: requires an affirmative vote of more than
>>> > 25% vote of each House or majority of one House;
>>> > 2. Initiate a Policy Development Process ("PDP") Within Scope (as
>>> > described in Annex A): requires an affirmative vote of more than 33% of
>>> > each House or more than 66% of one House;
>>> > 3. Initiate a PDP Not Within Scope: requires an affirmative vote of
>>> more
>>> > than 75% of one House and a majority of the other House ("GNSO
>>> > Supermajority");
>>> > 4. Approve a PDP Recommendation Without a GNSO Supermajority: requires
>>> > an affirmative vote of a majority of each House and further requires
>>> > that one GNSO Council member representative of at least 3 of the 4
>>> > Stakeholder Groups supports the Recommendation;
>>> > 5. Approve a PDP Recommendation With a GNSO Supermajority: requires an
>>> > affirmative vote of a GNSO Supermajority; and
>>> > 6. Approve a PDP Recommendation Imposing New Obligations on Certain
>>> > Contracting Parties: where an ICANN contract provision specifies that
>>> "a
>>> > two-thirds vote of the council" demonstrates the presence of a
>>> > consensus, the GNSO Supermajority vote threshold will have to be met or
>>> > exceeded with respect to any contracting party affected by such
>>> contract
>>> > provision.
>>> > Appendix 2: Absentee Voting Procedures (GNSO Operating Procedures
>>> > 4.4<
>>> http://gnso.icann.org/council/gnso-operating-procedures-22sep11-en.pdf>)
>>> >
>>> > 4.4.1 Applicability
>>> > Absentee voting is permitted for the following limited number of
>>> Council
>>> > motions or measures.
>>> > a. Initiate a Policy Development Process (PDP);
>>> > b. Approve a PDP recommendation;
>>> > c. Recommend amendments to the GNSO Operating Procedures (GOP) or ICANN
>>> > Bylaws;
>>> > d. Fill a Council position open for election.
>>> > 4.4.2 Absentee ballots, when permitted, must be submitted within the
>>> > announced time limit, which shall be 72 hours from the meeting?s
>>> > adjournment. In exceptional circumstances,announced at the time of the
>>> > vote, the Chair may reduce this time to 24 hours or extend the time to
>>> 7
>>> > calendar days, provided such amendment is verbally confirmed by all
>>> > Vice-Chairs present.
>>> > 4.4.3 The GNSO Secretariat will administer, record, and tabulate
>>> > absentee votes according to these procedures and will provide
>>> reasonable
>>> > means for transmitting and authenticating absentee ballots, which could
>>> > include voting by telephone, e- mail, web-based interface, or other
>>> > technologies as may become available.
>>> > 4.4.4 Absentee balloting does not affect quorum requirements. (There
>>> > must be a quorum for the meeting in which the vote is initiated.)
>>> >
>>> ----------------------------------------------------------------------------
>>> > Local time between March & October (Summer in the NORTHERN hemisphere )
>>> >
>>> ----------------------------------------------------------------------------
>>> > Reference (Coordinated Universal Time) UTC 16:00
>>> >
>>> ----------------------------------------------------------------------------
>>> > California, USA
>>> > (PST<
>>> http://www.timeanddate.com/library/abbreviations/timezones/na/pst.html>)
>>> > UTC-8+1DST 09:00
>>> > New York/Washington DC, USA (EST) UTC-5+1DST 12:00
>>> > Buenos Aires, Argentina
>>> > (ART<
>>> http://www.timeanddate.com/library/abbreviations/timezones/sa/art..html<
>>> http://www.timeanddate.com/library/abbreviations/timezones/sa/art.html>
>>> >)
>>> > UTC-3+0DST 13:00
>>> > Montevideo, Uruguay
>>> > (UYST<
>>> http://www.timeanddate.com/library/abbreviations/timezones/sa/uyst.html
>>> >)
>>> > UTC-3+0DST 13:00
>>> > London, United Kingdom (BST) UTC+0DST 17:00
>>> > Abuja,Nigeria
>>> > (WAT<
>>> http://www.timeanddate.com/library/abbreviations/timezones/africa/wat.html
>>> >)
>>> > UTC+1+0DST 17:00
>>> > Tunis, Tunisia (CET) UTC+1+0DST 17:00
>>> > Bonn, Germany (CET) UTC+1+0DST 18:00
>>> > Paris, France (CET) UTC+1+0DST 18:00
>>> > Ramat Hasharon,
>>> > Israel(IST<
>>> http://www.timeanddate.com/library/abbreviations/timezones/asia/ist-israel.html
>>> >)
>>> > UTC+2+0DST 18:00
>>> > Karachi, Pakistan
>>> > (PKT<
>>> http://www.timeanddate.com/library/abbreviations/timezones/asia/pkt.html<
>>> http://www.timeanddate..com/library/abbreviations/timezones/asia/pkt.html>
>>> >
>>> > ) UTC+5+0DST 21:00
>>> > Hong Kong
>>> > (HKT<
>>> http://www.timeanddate.com/library/abbreviations/timezones/asia/hkt.html<
>>> http://www.timeanddate.com/library/abbreviations/timezones/asia/hkt..html>
>>> >)
>>> > UTC+8+0DST 00:00 next day
>>> > Tokyo, Japan
>>> > (JST<
>>> http://www.timeanddate.com/library/abbreviations/timezones/asia/jst.html
>>> >)
>>> > UTC+9+0DST 01:00 next day
>>> > Wellington, New Zealand
>>> > (NZDT<
>>> http://www.timeanddate.com/library/abbreviations/timezones/pacific/nzdt.html
>>> >
>>> > ) UTC+12+1DST 05:00 next day
>>> >
>>> ----------------------------------------------------------------------------
>>> > The DST starts/ends on last Sunday of October 2012, 2:00 or 3:00 local
>>> > time (with exceptions)
>>> > ----------------------------------------------------------------------
>>> > For other places see http://www.timeanddate.com <
>>> http://www.timeanddate.com/>
>>> >
>>> > Glen de Saint Géry
>>> > GNSO Secretariat
>>> > gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx
>>> >
>>> > http://gnso.icann.org <http://gnso.icann.org/>
>>> >
>>> >
>>> > _______________________________________________
>>>  > PC-NCSG mailing list
>>> > PC-NCSG@xxxxxxxxxxxxx
>>> > http://mailman.ipjustice.org/listinfo/pc-ncsg
>>>
>>>
>>> _______________________________________________
>>> PC-NCSG mailing list
>>> PC-NCSG@xxxxxxxxxxxxx
>>> http://mailman.ipjustice.org/listinfo/pc-ncsg
>>>
>>>
>>>
>>> _______________________________________________
>>> PC-NCSG mailing list
>>> PC-NCSG@xxxxxxxxxxxxx
>>> http://mailman.ipjustice.org/listinfo/pc-ncsg
>>>
>>>
>> _______________________________________________
>> PC-NCSG mailing list
>> PC-NCSG@xxxxxxxxxxxxx
>> http://mailman.ipjustice.org/listinfo/pc-ncsg
>>
>>
>>
>> _______________________________________________
>> PC-NCSG mailing list
>> PC-NCSG@xxxxxxxxxxxxx
>> http://mailman.ipjustice.org/listinfo/pc-ncsg
>>
>>
>
>
> --
> Alain Berranger, B.Eng, MBA
> Member, Board of Directors, CECI, 
> http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
> NA representative, Chasquinet Foundation, www.chasquinet.org
> interim Membership Committee Chair, NPOC, NCSG, ICANN, http://npoc.org/
> O:+1 514 484 7824; M:+1 514 704 7824
> Skype: alain.berranger
>
>


-- 
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
interim Membership Committee Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger