P.S. Re: [NCSG-Discuss] NCSG Policy Committee statement on IOC/RCRC proposal

Alain Berranger alain.berranger at GMAIL.COM
Mon Mar 26 06:51:40 CEST 2012


No problem... Under the circumstances, I am in agreement with the
additional sentence, as long as there is no doubt in anybody's mind that
NPOC interim leadership was in favor of the exemption (a rough consensus)
and suggested that its generic criteria proposal be used for all future
considerations - the two parts of the proposal are joint and several. I
already indicated publicly - it was a correction of a poorly worded late
email on my part (no excuse just an explanation with apologies!) - during
the GNSO Council meeting, that the NPOC proposal was not to be used by NCSG
as a justification for deferral. NCSG put forward plenty of other arguments
for deferral without leaning whatsoever on the NPOC proposal.

Alain

On Sat, Mar 24, 2012 at 12:37 AM, <Mary.Wong at law.unh.edu> wrote:

>  Sorry, I should also have mentioned in my last email that since the PC
> operates on the basis of rough consensus, and no objections were received
> from any PC member to the substance of the proposed PC statement, it went
> in with an additional sentence that specifically mentioned the NPOC
> proposal for generic criteria (inserted into that part of the draft PC
> statement that recommends a fuller consideration of the whole issue). It
> was of course open to any NCUC, NPOC or NCSG member (or some grouping
> thereof) to submit a different statement.
>
>  Thanks and cheers
>
> Mary
>
>
> Mary W S Wong
> Professor of Law
> Director, Franklin Pierce Center for IP
> Chair, Graduate IP Programs
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
> 03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
> http://www.law.unh.edu/marywong/index.phpSelected writings available on
> the Social Science Research Network (SSRN) at:
> http://ssrn.com/author=437584
> As of August 30, 2010, Franklin Pierce Law Center has affiliated with the
> University of New Hampshire and is now known as the University of New
> Hampshire School of Law. Please note that all email addresses have changed
> and now follow the convention: firstname.lastname at law.unh.edu. For more
> information on the University of New Hampshire School of Law, please visit
> law.unh.edu
>
>
> >>>
>
> *From: *
>
> <Mary.Wong at LAW.UNH.EDU>
>
> *To:*
>
> <NCSG-DISCUSS at listserv.syr.edu>
>
> *Date: *
>
> 3/24/2012 12:29 AM
>
> *Subject: *
>
> Re: [NCSG-Discuss] NCSG Policy Committee statement on IOC/RCRC proposal
>
> Thanks, Alain - just to clarify, my use of the word "another" was not
> meant to downplay the role of NPOC but rather to underscore the fact that
> NCSG is open to new members and constituencies (e.g. we currently have a
> constituency in formation), so rather than just have one versus the other
> (which in and of itself seems to imply a divisiveness of some kind) I
> thought it more neutral to use the word "another", having mentioned NCUC in
> passing in an earlier paragraph. Also, since NPOC had submitted its full
> proposal earlier to the DT, it did not seem to me necessary to include the
> full statement in the comment, especially since it is actually the only
> statement/comment the PC's statement quoted from, and we did not do the
> same for other comments made by NCSG members.
>
>
>  I hope this helps.
>
>
>  Cheers
>
> Mary
>
>
> Mary W S Wong
> Professor of Law
> Director, Franklin Pierce Center for IP
> Chair, Graduate IP Programs
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
> 03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
> http://www.law.unh.edu/marywong/index.phpSelected writings available on
> the Social Science Research Network (SSRN) at:
> http://ssrn.com/author=437584
> As of August 30, 2010, Franklin Pierce Law Center has affiliated with the
> University of New Hampshire and is now known as the University of New
> Hampshire School of Law. Please note that all email addresses have changed
> and now follow the convention: firstname.lastname at law.unh.edu. For more
> information on the University of New Hampshire School of Law, please visit
> law.unh.edu
>
>
> >>>
>
> *From: *
>
> Alain Berranger <alain.berranger at gmail.com>
>
> *To:*
>
> <Mary.Wong at law.unh.edu>
>
> *CC:*
>
> <NCSG-DISCUSS at listserv.syr.edu>, <npoc-voice at icann.org>
>
> *Date: *
>
> 3/24/2012 12:19 AM
>
> *Subject: *
>
> Re: [NCSG-Discuss] NCSG Policy Committee statement on IOC/RCRC proposal
>
> Thank Mary for including part of NPOC's position in the statement. Two
> small points: i) NPOC is not "another NCSG Constituency" it is the other
> Constituency; ii) the full NPOC statement is:
>
>
>   *a) that the IOC and RC receive exemption; and b) that any organization
> would receive the same treatment if they pass the "International Legal
> Personality" test. Hence, the proposal: Would receive new gTLD protection
> "Any organization operating globally in the public interest and enjoying
> International Legal Personality in the country where its Headquarters are
> located, and its members."*
>
> Alain
>
>   On Fri, Mar 23, 2012 at 9:27 PM, <Mary.Wong at law.unh.edu> wrote:
>
>>  Dear members,
>>
>>
>>  The attached statement was just submitted by the NCSG Policy Committee
>> (PC) as a public comment relating to the pending proposals for IOC/RCRC
>> protections at the top level during this first round of new gTLDs. As you
>> know, a motion on the proposal is due to be voted on by the GNSO Council at
>> a special meeting this coming Monday (26 March). In drafting our comment,
>> we wanted to highlight and support the fact that a number of individual
>> NCSG members as well as the Non Profit Operational Concerns Constituency
>> (NPOC) submitted either comments or a relevant proposal, and we wanted
>> therefore also to supplement those comments and proposals.
>>
>>
>>  The NCSG PC is comprised of the following voting members: all 6 NCSG
>> Councilors, the NCSG Chair and two representatives each from every formal
>> constituency (currently, NCUC and NPOC). In addition, the PC also includes
>> non-voting observers: 1 each from any constituency-in-formation (currently,
>> the proposed Consumer Constituency) and others as may be invited from time
>> to time by the PC (currently, Avri Doria, the previous NCSG Chair). The
>> PC's decisions are made and actions taken on the basis of rough consensus.
>>
>>
>>  Cheers
>>
>> Mary
>>
>>
>> Mary W S Wong
>> Professor of Law
>> Director, Franklin Pierce Center for IP
>> Chair, Graduate IP Programs
>> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
>> 03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
>> http://www.law.unh.edu/marywong/index.phpSelected writings available on
>> the Social Science Research Network (SSRN) at:
>> http://ssrn.com/author=437584
>> As of August 30, 2010, Franklin Pierce Law Center has affiliated with the
>> University of New Hampshire and is now known as the University of New
>> Hampshire School of Law. Please note that all email addresses have changed
>> and now follow the convention: firstname.lastname at law.unh.edu. For more
>> information on the University of New Hampshire School of Law, please visit
>> law.unh.edu
>>
>>
>>
>
>
>   --
> Alain Berranger, B.Eng, MBA
>
> Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
>
> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
>
> Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
>
> NA representative, Chasquinet Foundation, www.chasquinet.org
> interim Membership Committee Chair, NPOC, NCSG, ICANN, http://npoc.org/
> O:+1 514 484 7824; M:+1 514 704 7824
> Skype: alain.berranger
>
>
>


--
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
interim Membership Committee Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger
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