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Re: [pdp-pcceg-feb06] FW: PDP Feb 06: Draft Agenda 10 August

  • To: Marilyn Cade <marilynscade@xxxxxxxxxxx>
  • Subject: Re: [pdp-pcceg-feb06] FW: PDP Feb 06: Draft Agenda 10 August
  • From: Liz Williams <liz.williams@xxxxxxxxx>
  • Date: Thu, 10 Aug 2006 12:27:57 +0200

Marilyn

Thank you for your note. I have copied my response to your email to me on 1 August which I did not, at the time, send to the TF as a whole as it wasn't addressed to the group.

ICANN staff cannot be expected to produce results from a policy development process which is not receiving the attention you think it needs. I suggested to you that the Council be asked for further direction from the TF, in accordance with the Bylaws, to guide the work of the group and to clearly prioritise it in the context of the new TLDs work, the IDN work and the ongoing work on WHOIS.

I reiterate the need for the TF to do the things which they agreed to in the minutes of the Marrakech meeting (and at previous meetings in Wellington and via teleconference). None of these things require staff resources -- they require the TF to do the work that has been set for it and agreed on unanimously at meetings.

1. Agree on an appropriate work schedule (this could have been done prior to today's meeting using email) at the conference call today.

2. Respond to the Preliminary Taskforce Report which has been posted and which has received no follow up input from any constituency since the Marrakech meeting.

3. Send to me suggestions for expert materials (which I have asked for many times and for which I've extended deadlines) that can be considered. I am well advanced on this work and will be consulting with Dan Halloran further on it before releasing materials for the TF to use.

Until the group does the work above, it is premature to consider using any expert advisors or adding any additional resources -- the group haven't defined the questions they would ask assistance on as they are not sufficiently well informed yet. That is the purpose of providing to the group expert materials.

Kind regards.

Liz

...

insert email referred to above -- sent 1 August in response to an off list set of questions.


Marilyn

Thank you for your note. There are several issues that you have raised and I respond to each in turn.

The first is wrapped up in the posting of contracts which is John Jeffrey's domain.

The second is resources for the PDP. At a personal level, you know that I have devoted substantial resources to this work, in addition to ensuring that the work is consistent with that being done in the new TLDs PDP. You also know that we have devoted substantial Council time to this work -- with conference calls and with a full day of discussion at the Marrakech meeting and a full day at the Wellington meeting. That is evident in the report which has been drafted. You also know that I take very seriously the existing ICANN Bylaws which I am obligated to follow as closely as possible -- even when the TF give themselves permission to extend their deadlines.

What is missing in that equation is similar commitment from the Constituencies. We have seen a very poor response to the call for Constituency Statements and I have spent significant time asking for further information; cajoling members to submit; offering help where I could and ensuring that the process stayed on track. The quality of the constituency statements was generally poor -- they did not uniformally address the terms of reference which, as you say, are very important issues. It was clear at the Marrakech meeting that constituencies had not done any further work within their constituencies to clarify their views. I cannot write a report which makes up responses we did not receive nor can I second guess the constituencies views. I had given extra time for that work to take place post Marrakech and I have received nothing from any constituency.

The third is the calendar. There is little point focusing on the calendar until substantive work is done by the constituencies on the second part of the action items which were listed in the Marrakech minutes. That was to provide me with detailed suggestions about expert materials for consideration by the TF in relation to specific TOR areas. I have received nothing from the constituencies -- despite repeated requests and reminders. As you know, I am preparing comprehensive materials to address particular areas -- in the absence of constituency input -- and I have to balance very carefully seriously competing objectives. That work is being done, most appropriately, in consultation with Dan Halloran who has also been heavily involved in the PDP from the beginning. I am not and have not ignored the need for "people" experts. The first step is to have the TF members actually do their homework and read about very specific areas of a PDP which are not within the existing expertise of the group.

It is premature to involve any of the ACs or SOs at this stage -- the results of the work are immature and would not withstand scrutiny from those organisations. Indeed, the Preliminary Task Force Report has not been discussed by the GNSO Council as a whole and it certainly premature to expect GAC or other involvement without that step taking place first, as set out in the Bylaws. It is, as I have said separately, premature to be planning a face to face meeting. A face to face meeting is not a substitute for doing the work that is required for a face to face meeting to have any value. Repeating the Marrakech meeting, without having done the expert materials phase and without an intervening conference call with the group to discuss the impact of those materials is too early. The TF should also be seeking direction from the broader Council about the work.

Finally on credibility of process. You are more than aware that the GNSO's policy development processes have improved markedly in the last year. You have been kind enough to thank me for those efforts and for the efforts of others. I would suggest that the credibility of the process, in this case alone, rests with the constituencies doing what you have said is important work. It may well be that the introduction of new TLDs, the discussion of IDNs and the ongoing debate on WHOIS is more important that this work and that is why we are seeing very low traction from the constituencies in this area. That should be a matter for the Council to discuss at its next call -- the group always struggles on prioritisation of tasks which requires the agreement of everyone rather than just the energy of a few.

Kind regards.

Liz

.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob





On 09 Aug 2006, at 22:27, Marilyn Cade wrote:

I raised a topic on the Council call last week and believe it should also be noted in the minutes of the TF meeting tomorrow as an issue of concern. I’ll preview it here for the TF members, and have copied Council, since not all Councilors are on the TF.



IF the GNSO Council is responsible for developing policy for GTLDS, then we really have to have an understanding that there will be consultation between the GNSO Council and the ICANN staff when there is urgent need for policy development. Several constituencies raised the issue with ICANN senior management and the Board regarding the .com situation that we expected to be advised by ICANN if we need to fast track policy.



I find myself disappointed, and concerned, to see that we seem to have an apparent disconnect between activities related to drafting and proposing new versions of existing registry agreements as posted by the ICANN General Council and the work of the TF PDP 06. Since there is a policy development process underway, approved by consensus vote of the GNSO Council, directly relevant to policies in existing contracts with registries, I believe that registry agreements should be redrafted only after the conclusion of the PDP and following its recommendations. I am concerned to see a posting of three registry agreements, one of which does not lapse until 2009, without any acknowledgement of the pending work of the GNSO Council.



I note that ICANN staff mentioned on the Council call that these negotiations were undertaken at the request of the registry operators, and I am sure that is the case. That isn’t the relevant point. The relevant point is that there is policy development underway that is directly applicable.



I raised this concern on the GNSO Council call last week, and will post further to Council regarding Council’s position on its role in developing and determining GNSO policy which is then recommended to the Board. Ignoring Council’s role essentially means that our work and indeed our role is irrelevant to ICANN. I find it hard to believe, as I review the strong endorsement given by ICANN’s senior management to the importance of bottom up policy development, that that would be intentional outcome of any activities presently underway. However, it can be an unintentional, and harmful outcome.



I believe that Council must address the topic and raise the concern to the Board and the Senior Staff, awareness of the direct linkage of this policy development process to the recently posted revised registry agreements.



I support the Chair’s proposal that we need to commit to a published timeline that achieves the needed, and detailed and complex work in the time we have between now and San Paulo. I am concerned to see the face to face meeting moved into October. If that is the best we can do, then we need to accomplish work in the meantime via conf. call working sessions.



For the TF, we are going to have to meet more often, via conf. call, and then face to face. Overall, we need to get this TF on a regular working schedule. If we look at how frequently we have met, we see broad gaps. That may signify that we need additional resources, and so tomorrow, I suggest that we give consideration to recommending retention of not only independent experts, but also possibly additional consulting resources to augment existing staff resources. That may be the most practical approach to ensuring that this important policy area is completed by the end of ’06, as originally conceptualized. We can then expect ICANN to advise us quickly of resource availability to achieve the needed support to the TF.



Marilyn Cade

BC TF member/GNSO Councilor





P.S. I do have edits and suggestions for the draft report, but will do those in marked up version for posting separately, after the call.







From: owner-pdp-pcceg-feb06@xxxxxxxxx [mailto:owner-pdp-pcceg- feb06@xxxxxxxxx] On Behalf Of Cubberley, Maureen (CHT)
Sent: Tuesday, August 08, 2006 3:16 PM
To: pdp-pcceg-feb06@xxxxxxxxxxxxxx
Subject: [pdp-pcceg-feb06] FW: PDP Feb 06: Draft Agenda 10 August




Hello All,



Draft agenda for Thursday’s telecon is attached.



Thanks to everyone for creating time for this teleconference. I realize that the timing is inconvenient for many of the task force members, and I do appreciate your effort to participate.



I look forward to our meeting on Thursday.



Best regards,



 Maureen.



Maureen Cubberley, Director

Public Library Services Branch

Department of Culture Heritage and Tourism

204-726-6864

mcubberley@xxxxxxxxx

















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