[ALAC] Fwd: Revised Rationale for Rejection of NCSG Reconsideration Request & Proposed Motion for Durban Council Meeting

Alan Greenberg alan.greenberg at mcgill.ca
Fri Jun 28 03:26:33 UTC 2013


In relation to my last note, I find this rather 
interesting, and something that the ALAC may want 
to think about. Specifically should we request a 
similar Bylaw revision for our formal advice. 
Perhaps this is something we want to put on the ALAC-Board meeting agenda.

Alan


>From: "Neuman, Jeff" <Jeff.Neuman at neustar.us>
>To: "GNSO Council (council at gnso.icann.org)" <council at gnso.icann.org>
>CC: 'Glen de Saint Géry' <Glen at icann.org>
>Subject: [council] Revised Rationale for 
>Rejection of NCSG Reconsideration Request &
>  Proposed Motion for Durban Council Meeting
>Date: Fri, 28 Jun 2013 02:43:39 +0000
>
>Although I am sure that some on the Council will 
>still disagree with the new rationale posted at 
><http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-25jun13-en.pdf>http://www.icann.org/en/groups/board/governance/reconsideration/recommendation-ncsg-25jun13-en.pdf, 
>I believe the rationale is much more consistent 
>with, and recognizes, the value of the 
>multi-stakeholder model.  The tone has been 
>softened considerably and is much more 
>respectful, in my opinion.  In addition, the 
>rationale upon my quick read seems to be 
>technically correct.  I am grateful to the Board 
>Governance Committee for having taken some of 
>our comments very seriously and for making the 
>appropriate changes to the rationale.
>
>The one item I would still like to see addressed 
>by the Council (other than the Policy v. 
>Implementation discussions within the GNSO 
>Working Group process) is formalizing the 
>requirement through a proposed Bylaws Amendment 
>requiring consultation of the GNSO if the Board 
>proposes to take an action that is inconsistent 
>with a policy or statement of the GNSO.  I 
>intend to draft that motion for the Council’s consideration in Durban.
>
>To give all of the constituencies ample time to 
>review the motion prior to Durban, although I am 
>sure some will seek to defer the motion, 
>claiming insufficient time to review, I am 
>attaching this proposed resolution for 
>consideration in Durban.  I am happy to take comments, edits or suggestions:
>
>
>WHEREAS, the ICANN Bylaws currently 
>state:  There shall be a policy-development body 
>known as the Generic Names Supporting 
>Organization (GNSO), which shall be responsible 
>for developing and recommending to the ICANN 
>Board substantive policies relating to generic top-level domains;
>
>WHEREAS, the Board Governance Committee has 
>recognized in Reconsideration Request 13-3 that 
>“As of now, there is no defined policy or 
>process within ICANN that requires Board or 
>staff consultation with the GNSO Council if the 
>Board or staff is acting in contravention to a 
>statement made by the GNSO Council outside of the PDP”; and
>
>WHEREAS, the GNSO Council believes that such a 
>defined policy or process is now needed.
>RESOLVED: The GNSO Council recommends that the 
>ICANN Bylaws be amended to include language 
>requiring a formal consultation process in the 
>event that the ICANN Board determines to take an 
>action that is not consistent with GNSO policies 
>or recommendations.  Such process shall require 
>the ICANN Board to state the reasons why it 
>decided not to follow GNSO recommendations or 
>policies, and be followed in a timely manner, 
>with a consultation in which the GNSO and the 
>ICANN Board attempt in good faith to find a 
>mutually acceptable solution.  If no such 
>solution can be found, the ICANN Board will 
>state in its final decision the reasons why the 
>GNSO recommendations or policies were not followed.
>
>FURTHER RESOLVED that the GNSO recommends the 
>above to apply whether or not the policy 
>development process as set forth in Article X, section 6 were followed.
>
>
>
>
>Jeffrey J. Neuman
>Neustar, Inc. / Vice President, Business Affairs
>46000 Center Oak Plaza, Sterling, VA 20166
>Office: +1.571.434.5772  Mobile: 
>+1.202.549.5079  Fax: +1.703.738.7965 / 
><mailto:jeff.neuman at neustar.biz>jeff.neuman at neustar.biz  / www.neustar.biz
>



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