RE: [soac-mapo] Question on your response to 5.4 polling in todays Rec6CWG

[Milton L Mueller <mueller@xxxxxxx>]

Philip,
Are you aware of the fact that the expert panel is not a "lower body" and has 
no decision-making authority? It is simply there to give the board expert 
advice.

The rationale for the supermajority is clear and you really haven't addressed 
it, other than by reasserting the misconception that the expert panel is a 
dispute resolution / decision making body. The group departed from that 
approach weeks ago. The rationale is that given the guarantee of free 
expression rights and the requirement for a string to be universally repugnant, 
the burden of overcoming a higher standard must rest with a decision to kill an 
application. Since the expert panel is NOT a body that makes a decision which 
must be "upheld" or "overturned," your argument no longer applies here.

From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On Behalf Of 
Philip Sheppard
Sent: Monday, September 20, 2010 4:37 AM
To: 'soac-mapo'
Subject: RE: [soac-mapo] Question on your response to 5.4 polling in todays 
Rec6CWG

Cheryl,
well if I'm in the minority I regret I will stay there.
I believe a supermajority should be used consistently and carefully.

So here as in any other case I believe the decision body (here ICANN Board) 
should:
ACCEPT recommendations from a lower body by simple majority
OVERTURN recommendations from a lower body by super majority.

Perverting the simple / super majority to suit the issue is dangerous ground.

Philip