[ALAC] Bad Actor Admission

[John Laprise]

The more the merrier!

Sent from my Pixel 3XL

John Laprise, Ph.D.

On Fri, Mar 1, 2019, 12:55 PM León Felipe Sánchez Ambía <
leonfelipe at sanchez.mx> wrote:

> Happy to join you in that conversation if you don’t mind. I’ll buy you
> guys a beer!
>
> Best regards,
>
>
> León
>
> El 1 mar 2019, a las 12:14, Alan Greenberg <alan.greenberg at mcgill.ca>
> escribió:
>
> If there is a concern among staff, it must be raised through the CEO to
> the Board. If he/she can convince the Board, the Board has the power to
> act. If not, then it does not warrant action (in the minds of those who ARE
> legally held responsible for the ICANN).
>
> Should someone have seen GDPR coming and acted? And when it did become
> obvious, act faster, you bet.
>
> Lots of people saw GDPR coming and said so. Why we didn't act is an
> interesting discussion. Ask me in Kobe.
>
> Alan
>
> At 01/03/2019 12:55 PM, John Laprise wrote:
>
> So one of the complaints I saw online is that ICANN org legal which
> presumably saw the GDPR train coming down the track had limited options
> beyond waving a flag despite it's material impact. ICANN org spends a lot
> of resources to stay abreast of international law but can only do something
> at the last minute. (Epdp)
>
> The more I think about it, the more giving ICANN org (pres?) the right to
> ask the community to initiate a PDP has a kind of symmetry with the powers
> of the enhanced community. Essentially, if the community and the board fail
> to address an operational, material threat, ICANN org can hold the board
> and the community to account.
>
> Sent from my Pixel 3XL
>
> John Laprise, Ph.D.
>
> On Fri, Mar 1, 2019, 11:45 AM John Laprise <jlaprise at gmail.com> wrote:
> Not just staff...I was thinking ICANN org leadership...needs authority
>
> Sent from my Pixel 3XL
>
> John Laprise, Ph.D.
>
> On Fri, Mar 1, 2019, 9:02 AM Alan Greenberg <alan.greenberg at mcgill.ca >
> wrote:
> John, do you really mean "ICANN org", ie staff, to make that decision?
>
> Alan
> --
> Sent from my mobile. Please excuse brevity and typos.
>
> On March 1, 2019 9:00:50 AM EST, John Laprise <jlaprise at gmail.com> wrote:
> Hi and thanks Olivier,
>
> My apologies for not being clear. I was suggesting a possible bylaws
> change where in ICANN org can ask the community to initiate policy
> development when it sees an urgent/important need that the community has
> not noticed.
>
> Sent from my Pixel 3XL
>
> John Laprise, Ph.D.
>
> On Fri, Mar 1, 2019, 7:07 AM Olivier MJ Crépin-Leblond <ocl at gih.com>
> wrote:
> Dear John,
>
> please be so kind to find my response below:
>
> On 01/03/2019 13:31, John Laprise wrote:
>
> Well said Evan and I share your concerns. If memory serves, so does the
> Board as MSM threats is a strategic planning issue. Musing upon waking I
> was wondering whether it would help if we could implement a mechanism
> whereby ICANN org could ask the empowered community to implement a pdp?
> This might've avoided the current epdp issue.
>
>
> The ICANN Board and the Empowered Community cannot implement or launch
> PDPs relating to gTLDs. The "PDP" as such is a defined term for "Policy
> Development Process" and in the context of the Generic Names, only the GNSO
> can launch a PDP. In the context of Country Codes Names, when it relates to
> global policy, the ccNSO can launch a PDP.
> The Board can ask the GNSO to launch a PDP on a gTLD related issue, but
> the GNSO can refuse.
>
> The Board can also ask the ICANN communities, SOs/ACs to launch a Cross
> Community Working Group (CCWG). However, there are doubts expressed in the
> GNSO that CCWGs should *not* be the basis for policy making for gTLDs as
> all policy making for gTLDs should go through a PDP.
>
> It's a power game and the bottom line is who has the control of policy
> processes on gTLDs.
> Kindest regards,
>
> Olivier
>
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