Fwd: [council] commercial and contractual constituencies meddling in structure of noncommercial group is unacceptable
Robin Gross
robin at IPJUSTICE.ORG
Mon Jan 19 20:16:19 CET 2009
Reply from Chuck below.
Begin forwarded message:
> From: "Gomes, Chuck" <cgomes at verisign.com>
> Date: January 19, 2009 6:57:04 AM PST
> To: "Robin Gross" <robin at ipjustice.org>, "Council GNSO"
> <council at gnso.icann.org>
> Cc: <NCUC-DISCUSS at LISTSERV.SYR.EDU>
> Subject: RE: [council] commercial and contractual constituencies
> meddling in structure of noncommercial group is unacceptable
>
> Thanks for the reply Robin. I guess I interpreted the Board motion
> much more narrowly, although I can see that how the wording could
> easily imply more than I concluded. I assumed that the motion was
> mainly focused on the issue of whether individual users should be a
> part of the GNSO and the ALAC or just the ALAC because that is one
> area where the Board has not finalized its recommendations.
>
> I am not sure what the intent was with regard to the wording of the
> Board motion. It seems to me that it would be good to get
> clarification from Staff on this.
>
> I do believe that each of us as existing constituencies, new
> constituencies and as future stakeholder groups will be evaluated
> by the Board against the recommendations that they have approved.
> I expect that the RyC request for renewal and the RySG proposed
> charter will be evaluated by the Board regarding how we measure up
> against the overall package of Board approved GNSO improvement
> recommendations; to the extent that we don't measure up well, I
> suspect that they will come back to us for changes or
> clarifications. But I don't see this being the place for Council
> involvement with regard to specific constituencies or SGs.
>
> Chuck
>
>
>
> From: Robin Gross [mailto:robin at ipjustice.org]
> Sent: Sunday, January 18, 2009 3:57 PM
> To: Council GNSO; Gomes, Chuck
> Cc: NCUC-DISCUSS at LISTSERV.SYR.EDU
> Subject: Re: [council] commercial and contractual constituencies
> meddling in structure of noncommercial group is unacceptable
>
> Thanks, Chuck, for your very reasonable response to our concerns on
> this matter.
>
> Your stated position – that Stakeholder Groups themselves should
> play a leading role in defining their structure – is the same as
> ours. You ask, “What gives [us] the impression that the NCSG will
> be defined by commercial users and contracting parties?” The
> answer, unfortunately, is the Board resolution of Dec. 12 (and
> below) and Avri’s proposed response to it. This calls for the NCSG
> to be defined by the entire GNSO and ALAC – indeed, it does not
> even mention existing members of NCUC as participants in the process.
>
> We are convinced that this is some kind of a mistake by the Board
> and that it did not really know what it was doing when it passed
> that resolution. And we have some private communications with
> Board members that confirm that – it was introduced by staff at the
> end of a long meeting concerned with gTLDs and was not discussed or
> debated. However, the resolution is there and concerns us.
>
> If you can join us in deferring the formation of this group and
> resdponding to the Board with some questions about the
> appropriateness of that resolution we would greatly appreciate it.
>
> Thank you,
> Robin
>
>
> 8. Role of Individual Users in GNSO – Briefing and Action
>
> Approved Resolution
>
> Whereas, the Board has received varying recommendations on
> registrant and user involvement in the GNSO, and the issue of how
> to incorporate the legitimate interests of individual Internet
> users in constructive yet non-duplicative ways remains an open
> issue that affects GNSO restructuring.
>
> Resolved, (2008-12-11-02) the Board requests that members of the
> GNSO community work with members of the ALAC/At-Large community and
> representatives of potential new "non-commercial" constituencies to
> jointly develop a recommendation for the composition and
> organizational structure of a Non-Commercial Stakeholder Group that
> does not duplicate the ALAC and its supporting structures, yet
> ensures that the gTLD interests of individual Internet users (along
> with the broader non-commercial community) are effectively
> represented within the GNSO. This recommendation should be
> submitted no later than 24 January 2009 for consideration by the
> Board.
>
>
>
> On Jan 17, 2009, at 5:34 PM, Gomes, Chuck wrote:
>
>> Robin,
>>
>> Please see my responses below.
>>
>> Chuck
>>
>> From: owner-council at gnso.icann.org [mailto:owner-
>> council at gnso.icann.org] On Behalf Of Robin Gross
>> Sent: Friday, January 16, 2009 4:58 PM
>> To: Council GNSO
>> Cc: NCUC-DISCUSS at LISTSERV.SYR.EDU
>> Subject: [council] commercial and contractual constituencies
>> meddling in structure of noncommercial group is unacceptable
>>
>> Don't think I can post to the GNSO Council list, so will an NCUC
>> Councilor please pass along this message. Thank you! Robin
>>
>> ----
>>
>> Dear GNSO Councilors:
>>
>> It is completely unacceptable for the structure of the new NCSG to
>> be defined and shaped by commercial users and contracting
>> parties. Noncommercial stakeholders can and will define their own
>> structure suitable to themselves and not be manipulated by other
>> stakeholder groups who might seek to undermine its effectiveness.
>> It is naïve and disingenuous to pretend that the different SGs
>> don't have competing and often conflicting interests.
>> [Gomes, Chuck] What gives you the impression that the NCSG will be
>> defined by commercial users and contracting parties?
>>
>> We note that no one has invited NCUC or ALAC to participate in
>> defining a new structure for the Commercial SG, or the Registrar
>> and Registry SGs. This kind of discrimination among SGs will
>> discourage additional noncommercial entities from participating in
>> ICANN's GNSO.
>> [Gomes, Chuck] What discrimination?
>>
>> Please note that NCUC has already proposed a structure for the
>> NCSG that has the overwhelming support of the noncommercial
>> stakeholders currently active in ICANN. We have conveyed it to At
>> Large, discussed its principles in public meetings in Cairo, and
>> are in conversations with staff about it now. While we welcome
>> efforts to amend it from new constituency proponents and relevant
>> members of At Large, that proposal will serve as the basis for any
>> NCSG proposals that go to the Board.
>>
>> We have no objection in principle to working with At large members
>> and RALOs in this process, and as noted before we have already
>> tried to include them in our ongoing process. But we also note
>> that individual or organizational At Large members may also be
>> commercial users and thus ineligible to join a future
>> noncommercial SG, and thus have no legitimate role to play in the
>> definition of our structure.
>>
>> The Board Governance Committee has made it clear on numerous
>> occasions that Stakeholder Groups themselves should play a leading
>> role in defining their structure. Explicit statements to that
>> effect have been made by Roberto Gaetano, former Board members and
>> BGC member Susan Crawford, and Harald Alvestrand. This is, quite
>> obviously, the right approach.
>> [Gomes, Chuck] Agreed. I am just not clear on why you think it
>> would be different than this. My understanding is that each
>> Constituency Renewal request and Stakeholder Group Charter will be
>> developed by the applicable constituencies and Stakeholder Group
>> members and submitted to the Board for Board approval, not to the
>> GNSO for GNSO approval. And the Board will judge each renewal
>> request and SG Charter against the recommendations that they
>> approved for GNSO improvement.
>>
>> Best,
>> Robin Gross
>> Chair of Non-Commercial Users Constituency
>>
>>
>> IP JUSTICE
>> Robin Gross, Executive Director
>> 1192 Haight Street, San Francisco, CA 94117 USA
>> p: +1-415-553-6261 f: +1-415-462-6451
>> w: http://www.ipjustice.org e: robin at ipjustice.org
>>
>>
>>
>
>
>
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA 94117 USA
> p: +1-415-553-6261 f: +1-415-462-6451
> w: http://www.ipjustice.org e: robin at ipjustice.org
>
>
>
IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA 94117 USA
p: +1-415-553-6261 f: +1-415-462-6451
w: http://www.ipjustice.org e: robin at ipjustice.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20090119/a69ffcef/attachment.html>
More information about the Ncuc-discuss
mailing list