NCUC Response to Board Letter

Robin Gross robin at IPJUSTICE.ORG
Thu Oct 22 03:41:37 CEST 2009


Thank you for your clarification, Nick.  I'm sure you did not intend  
to cause further confusion and perpetuate misperceptions about NCUC's  
position.

I'll ask again:  Would you please forward NCUC's letter (attached  
again) that tries to clear up this misperception to the ALAC list?

Thank you,
Robin



On Oct 21, 2009, at 4:19 PM, Nick Ashton-Hart wrote:

> Dear Robin:
>
> Thanks for your note.
>
> Firstly, I think it is important to state that contrary to the  
> subject line of your email, I am not trying to stir up anything. It  
> seems to me that it is not helpful to assume the worst with respect  
> to the motivations of others, as it is my experience that one is  
> likely to be wrong far more often than one is right, which is  
> unfortunately the case here. You and I have known and worked with  
> one another for almost ten years now, much longer than I have been  
> involved in ICANN. During that time, I cannot think of any point at  
> which we have suggested that the other persons motivations were  
> anything other than as stated "on the tin."
>
> Having reviewed your letter of 18th August 2009, I note that you  
> have said in your point 3:
>
> "Third, because of the danger of locking in a suboptimal structure,  
> we ask you not to approve any new Constítuencies under the SIC and  
> ICANN staff-imposed transitional NCSG charter until the ongoing  
> debates over the status of Constituencies and their role in the  
> NCSG is resolved next year."
>
> I think it is therefore fair to say that where I said:
>
> "… the NCUC had asked the Board to refrain from approving any new  
> GNSO Constituencies for the two year Non Commercial Stakeholder  
> Group Transition period.  …"
>
> I should have said:
>
> "… the NCUC had asked the Board to refrain from approving any new  
> GNSO Constituencies until "the ongoing debates over the status of  
> Constituencies and their role in the NCSG is resolved next year""
>
> As that would have precisely quoted you and what you said.
>
> I am therefore happy to apologise for the above, which I hope you  
> will accept; I have copied the same two mailing lists that the  
> original email was sent to in order to ensure that everyone who  
> received the original has received this reply. As I think my reply  
> to the NCUC-Discuss list will bounce, I would be glad if you  
> forwarded this note to that list too.
>
> On a personal note, I look forward to seeing you in Seoul, and hope  
> your travels are as comfortable as is possible on such a long flight.
>
>
> From: Robin Gross [mailto:robin at ipjustice.org]
> Sent: 21 October 2009 15:54
> To: Nick Ashton-Hart
> Cc: Alan Greenberg; William Drake; at-large at atlarge- 
> lists.icann.org; NCUC-DISCUSS at LISTSERV.SYR.EDU; Rod Beckstrom
> Subject: NCUC Response to Board Letter & why is staff trying to  
> stir up trouble again?
>
> Nick:
>
> I note you mis-state NCUC's position saying that we asked the board  
> for no constituencies to be created for 2 years on the ALAC list:
>    http://atlarge-lists.icann.org/pipermail/at-large_atlarge- 
> lists.icann.org/2009q4/006118.html
>
> That is simply not true.  Staff continuing to repeat these divisive  
> untrue statements, especially after having been told they are wrong  
> is very frustrating and counter-productive to everyone.
>
> NCUC was also concerned that the Board believed that untruth since  
> it was in that letter that you mention.  Therefore NCUC sent a  
> response to the board to the letter you cite in hopes of clearing  
> up the misperception (that you are trying to re-muddy here).
>
> Would you please be so kind as to forward to the ALAC list where  
> you just mis-quoted NCUC's position the attached NCUC response to  
> clear up this misperception?
>
> Thank you,
> Robin
>
>




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



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