[ALAC] Fwd: Proposed Amendments to JAS motion

[Alan Greenberg]

Following a number of interchanges today (most of 
them below), Jeff proposed the following motion 
that has been accepted as a friendly amendment by Rafik.

Barring some surprise between now and Thursday 
(which I don't expect), this pretty well assures the approval of this motion.

Alan

>From: "Neuman, Jeff" <Jeff.Neuman at neustar.us>
>To: Rafik Dammak <rafik.dammak at gmail.com>
>CC: Council GNSO <council at gnso.icann.org>
>Date: Tue, 7 Jun 2011 21:16:14 -0400
>Subject: RE: [council] Proposed Amendments to JAS motion
>
>
>Rafik,
>
>I think we are getting closer.  I took your concepts and how would this work?
>
>Resolved:
>The GNSO Council thanks the members of the Joint 
>SO/AC Working Group for its efforts and its 
>dedication to completing the work on such a tight schedule, and
>The GNSO Council requests that the report be put 
>out for community review as soon as possible, and
>The GNSO Council  forwards the second JAS 
>Milestone Report  to the ICANN board for 
>informational purposes to demonstrate the 
>progress made by the JAS WG so that it may refer 
>to that progress in their discussions with the GAC,
>The GNSO Council requests that ICANN staff begin 
>assessing whether the recommendations are implementable, and
>The JAS Working Group continues working to deal 
>with any issues that may arise in the upcoming review by the community, and
>That the JAS Working group publish their final 
>report after this review process.
>Resolved further, that the GNSO Council 
>instructs the GNSO Chair to communicate its decision to the ALAC Chair.
>
>
>Jeffrey J. Neuman
>Neustar, Inc. / Vice President, Law & Policy
>Please note new address:Â  21575 Ridgetop Circle, Sterling VA 20166 Â Â Â
>
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>From: Rafik Dammak [mailto:rafik.dammak at gmail.com]
>Sent: Tuesday, June 07, 2011 12:22 PM
>To: Neuman, Jeff
>Cc: Council GNSO
>Subject: Re: [council] Proposed Amendments to JAS motion
>
>Hello Jeff,
>
>thank you for offering some amendments, please find my answers below:
>2011/6/7 Neuman, Jeff <<mailto:Jeff.Neuman at neustar.us>Jeff.Neuman at neustar.us>
>All,
>
>I have given this motion a good deal of thought 
>and am still waiting feedback from my 
>stakeholder group.  Given the attention that the 
>JAS working group has gotten from the GAC and 
>Board and the desire of all of us to ensure that 
>all economies have access to the new round of 
>gTLDs, a number of people and groups have been 
>afraid politically to state anything that could 
>in any way be perceived by anyone as being 
>negative towards the work that is 
>underway.  Although the work has been tremendous 
>to date especially given the tight timing, and 
>the cause is certainly a worthy one, I do 
>believe that we cannot compromise our processes 
>and set bad precedent simply because we afraid 
>of how we may be perceived politically by those 
>that are not following everything going on at the GNSO.
>
>Therefore, I wanted to draft an e-mail 
>explaining the issues I have personally with the 
>motion and suggest some amendments that may 
>alleviate some of the issues for me.   The 
>motion, as it currently stands now, is based on 
>a milestone report and therefore is not by 
>definition final.  The report contains some good 
>principles and ideas that need to be flushed out 
>more (as the report admits).  The motion asks the GNSO to do a few things:
>
>1.        Putting the report out for public comment
>
>2.       Forwarding the report to the Board for review and approval
>
>3.       Having ICANN staff begin implementation
>
>4.       Having the JAS WG deal with issues that arise in community review
>
>5.       Having the JAS Group publish the final 
>report after the review process
>
>Numbers 1, 4 and 5 certainly make a lot of sense 
>to me and are in line with what normally happens 
>with policy groups.  However, I have issues with 
>2 and 3.  I do not understand the notion of 
>forwarding a non-final report to the board for approval.
>
>acknowledging that, what do you think of this proposal and rewording?:
>
>"The GNSO Council  forwards the  second JAS 
>Milestone Report  to the ICANN board for 
>informational purposes to  allow for evaluation 
>of the progress of JAS WG and its relevance to discussion with the GAC"
>
>we are not requesting approving for the MR2, and 
>the GNSO will vote later to approve the final 
>report, does it make sense for you?
>
>Nor do I understand the notion of having staff 
>begin implementation of a non-final report prior 
>to GNSO approval of the final recommendations 
>much less Board approval of the final recommendations.
>
>
>in order to avoid delay in implementation and 
>understanding your concern, I suggest this rewording:
>"The GNSO Council request ICANN staff begin 
>investigating on implementation of the 
>recommendation pending Board approval, and "
>
>the idea is to ask ICANN staff to investigate 
>the recommendation for feasibility and study 
>them, it is not implementation per se and it is aimed to avoid delays.
>
>Therefore, I would propose that the following 
>amendments be made to the resolved clauses so it now reads:
>
>Resolved:
>The GNSO Council thanks the members of the Joint 
>SO/AC Working Group for its efforts and its 
>dedication to completing the work on such a tight schedule, and
>The GNSO Council request that the report be put 
>out for community review as soon as possible, and
>The JAS Working Group continues working to deal 
>with any issues that may arise in the upcoming review by the community, and
>That the JAS Working group publish their final 
>report after this review process.
>Resolved further, that the GNSO Council 
>instructs the GNSO Chair to communicate its decision to the ALAC Chair.
>
>I know I run the risk of being criticized on the 
>Council list and the JAS WG list as being 
>obstructionist or not caring about the needs of 
>the developing communities.  I have also seen on 
>the JAS WG list that incumbents are trying to 
>keep out competition or that we are trying to delay the process.
>
>
>I want to make clear that you are mentioning 
>personal opinions of some members who may feel 
>frustrated, but definitely it is not a WG position,
>
>Best,
>
>Rafik