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

Evan Leibovitch evan at telly.org
Tue May 17 17:01:32 UTC 2011


Alan, I support your comments 100%.

One might prefer that the GNSO comments to the Board would contain but a
lick of reference to the actual issue of what JAS was forced to address, but
this is their choice.

- Evan


On 17 May 2011 10:58, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:

> 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.
>
> Alan
>
>
> >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.
> >
> >Alan
> >
> >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
> >>Councillors,
> >>
> >>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.
> >>
> >>Stéphane
> >>
> >>
> >>
> >>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
> >>>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:
> >>><mailto:mary.wong at law.unh.edu>mary.wong at law.unh.edu
> >>>Phone: 1-603-513-5143 Webpage:
> >>><http://www.law.unh.edu/marywong/index.php>
> http://www.law.unh.edu/marywong/index.php
> >>>Selected writings available on the Social
> >>>Science Research Network (SSRN) at:
> >>><http://ssrn.com/author=437584>http://ssrn.com/author=437584>>>
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>



-- 
Evan Leibovitch, Toronto Canada
Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56


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