[ALAC] Fwd: [council] Re: Statement of the ALAC on the Joint Applicant Support Second Milestone Report

Alan Greenberg alan.greenberg at mcgill.ca
Tue May 17 14:58:01 UTC 2011

Please see the following reply I sent to the GNSO 
list. There was not sufficient time to get it 
reviewed prior to sending, but if I have 
incorrectly represented the ALAC, please let me 
know and I will post a correction.

The note was in reply to a proposal from Mary 
Wong with comments from Tim Ruiz and Jeff Neuman.


>Date: Tue, 17 May 2011 10:53:43 -0400
>To: GNSO Council <council at gnso.icann.org>
>From: Alan Greenberg <alan.greenberg at mcgill.ca>
>Subject: Re: [council] Re: Statement of the ALAC 
>on the Joint Applicant Support Second Milestone Report
>I will try to address Jeff's questions, but will 
>in parallel pass my answers by the ALAC to 
>ensure that I am not putting words into their collective mouths.
>First, I read Mary's "the chartering process" to 
>mean "the process laid out in their charter(s)".
>On why At-Large staff forwarded the report to 
>the Board, this was done at the request of the 
>ALAC through its Chair and Executive Committee 
>and was not an independent action of staff..
>Regarding the appropriateness of one of the 
>chartering organizations sending the report to 
>the Board, the GNSO charter had the following 
>sentence which the ALAC copied verbatim: "4. All 
>communication to the ICANN Board regarding the 
>work of this Working Group shall be through the 
>respective SO/AC unless expressly approved by 
>the respective SO/AC." There is nothing there 
>that I construe to meaning that the chartering 
>organizations must work in tandem.
>At 17/05/2011 09:02 AM, Neuman, Jeff wrote:
>>I also would like to see the statement about 
>>the "scrupulous observance of the chartering 
>>process" removed. We still need to find out why 
>>the at-large icann staff sent the report to the 
>>board on May 9th as is indicated in Olivier's 
>>note. I am also not convinced that one 
>>organization sending the report to the board 
>>without the approval of the other organization 
>>is in line with the chartering process, but we can discuss that further.
>>Jeffrey J. Neuman, Esq.
>>Vice President, Law & Policy
>>NeuStar, Inc.
>>Jeff.Neuman at neustar.biz
>>From: tim at godaddy.com [mailto:tim at godaddy.com]
>>Sent: Tuesday, May 17, 2011 08:12 AM
>>To: Stéphane Van Gelder 
>><stephane.vangelder at indom.com>; 
>>owner-council at gnso.icann.org 
>><owner-council at gnso.icann.org>; Council GNSO <council at gnso.icann.org>
>>Subject: Re: [council] Re: Statement of the 
>>ALAC on the Joint Applicant Support Second Milestone Report
>>No objection if you remove the last sentence. 
>>There is no chartering process for CWGs. The 
>>ALAC and GNSO could not even agree on what the 
>>charter should be. And at least a few of us 
>>have concerns about how and why CWGs are being formed.Tim
>>From: Stéphane Van Gelder <stephane.vangelder at indom.com>
>>Sender: owner-council at gnso.icann.org
>>Date: Tue, 17 May 2011 10:45:21 +0200
>>To: Council GNSO<council at gnso.icann.org>
>>Subject: Re: [council] Re: Statement of the 
>>ALAC on the Joint Applicant Support Second Milestone Report
>>Please find below the NCSG's suggestion on a 
>>message which I could send to the Chairman of 
>>the Board in my capacity as Chair of the GNSO.
>>Thanks Mary for providing this draft.
>>Please let me have your comments.
>>Le 14 mai 2011 Ã  16:31, 
>><<mailto:Mary.Wong at law.unh.edu>Mary.Wong at law.unh.edu> 
>><<mailto:Mary.Wong at law.unh.edu>Mary.Wong at law.unh.edu> a écrit :
>>>Hi - sorry for the delay in getting back to 
>>>you on the Council letter; there has been some 
>>>lively discussion among some NCSG folks about it.
>>>We suggest the following draft:
>>>Dear Peter,
>>>We understand that ALAC has forwarded to the 
>>>Board the Joint SO/AC New gTLD Applicant 
>>>Support Working Group (JAS WG)'s Second 
>>>Milestone Report. As the other chartering 
>>>organization of the JAS WG, the GNSO Council 
>>>notes that it has not yet approved the Report. 
>>>We acknowledge the Board's desire to move 
>>>forward with new gTLDs, including issues 
>>>relating to applicant support, and hope to 
>>>provide the Board with our advice and recommendations as soon as possible.
>>>The GNSO Council would also like to inform the 
>>>Board that it appreciates the JAS WG's 
>>>scrupulous observance of the chartering 
>>>process, in submitting its Report 
>>>simultaneously to ALAC and the GNSO for review.
>>>I would be grateful if you could convey the 
>>>GNSO Council's message to the Board.
>>>Best regards,
>>>Stephane van Gelder
>>>Mary W S Wong
>>>Professor of Law
>>>Chair, Graduate IP Programs
>>>Director, Franklin Pierce Center for IP
>>>White Street Concord, NH 03301 USA Email: 
>>><mailto:mary.wong at law.unh.edu>mary.wong at law.unh.edu 
>>>Phone: 1-603-513-5143 Webpage: 
>>>Selected writings available on the Social 
>>>Science Research Network (SSRN) at: 

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