GNSO Council|and GAC

Sat Apr 23 08:35:20 EEST 2022

+1

On Saturday, April 23, 2022, Wisdom Donkor <wisdom.dk at gmail.com> wrote:

> I believe is deliberate for not recognising the position of NCSG. The only
> option now is to submit it directly to the board.
>
>
>
> On Sat, 23 Apr 2022, 1:48 am Bruna Martins dos Santos, <
> bruna.mrtns at gmail.com> wrote:
>
>> Yes, that is indeed unfortunate and rather interesting that the GNSO
>> Council opted for not mentioning publicly our opposition.
>>
>> But I guess our only and best option now is to submit this correspondence
>> to the Board mentioning that it was also submitted to Council and not
>> properly acknowledged.
>>
>> Just an idea….
>>
>> Best,
>> B
>>
>> On Fri 22. Apr 2022 at 21:11, farzaneh badii <farzaneh.badii at gmail.com>
>> wrote:
>>
>>>
>>> While this thread about our letter to the GNSO Council about closed
>>> generics is amusing, it also clearly shows how GNSO council cannot and is
>>> not willing to resist the requests to come up with completely new
>>> frameworks to appease GAC. Especially pay attention to what Jeff is saying.
>>> Jeff is the GNSO Council liaison to GAC. If they don't add our letter to
>>> the communication, we can send a shorter one to the Board and to GAC
>>> specifically. This is not about closed generics, this is about adhering to
>>> our principles and processes at ICANN and not coming up with ad hoc
>>> processes that empower GAC even further.
>>>
>>>
>>>
>>> ---------- Forwarded message ---------
>>> From: philippe.fouquart--- via council <council at gnso.icann.org>
>>> Date: Fri, Apr 22, 2022 at 2:57 PM
>>> Subject: Re: [council] Draft letter to the Board on closed generics
>>> dialogue
>>> To: Jeff Neuman <jeff at jjnsolutions.com>, Justine Chew <
>>> justine.chew.icann at gmail.com>, Kurt Pritz <kurt at kjpritz.com>
>>> Cc: GNSO Secs <gnso-secs at icann.org>, council at gnso icann. org <
>>> council at gnso.icann.org>
>>>
>>>
>>> Kurt, Justine, Jeff, thanks for the inputs.
>>>
>>>
>>>
>>> On 1) and reference to the NCSG’s letter: The reference is on record
>>> with the minutes, and can also be found in the Council list archive, I
>>> don’t think there’s any risk this goes unnoticed, I’d suggest we simply say While
>>> the Council is willing to pursue these next steps, it is important to note
>>> that Non-Commercial Stakeholders Group expressed its opposition to the
>>> approach.
>>>
>>>
>>>
>>> Manju (since it is you who spoke on this during our call): would you be
>>> fine with this?
>>>
>>>
>>>
>>> On 2) and modalities, I’d suggest we go for Jeff’s edits and simply say
>>> in the second paragraph:
>>>
>>> The Council is appreciative of the ICANN Board’s attention to GNSO
>>> related matters and is willing to pursue next steps for the facilitated
>>> dialogue, subject to mutual agreement with the GAC on the conditions for
>>> that dialogue.
>>>
>>>
>>>
>>> Ironically, in French, the equivalent of ‘modalities’ has a sense of a
>>> series of menial tasks that the authors would consider a) quite
>>> straightforward and b) as a result, generally not worth doing by
>>> themselves. Neither of which would probably be true here I think.
>>>
>>>
>>>
>>> It seems 2) alleviates the need to elaborate as, Justine, you suggested
>>> with your 3rd point but let us know if it doesn’t work.
>>>
>>>
>>>
>>> As attached with diff marks.
>>>
>>> Regards,
>>>
>>> Philippe
>>>
>>>
>>>
>>>
>>>
>>> *From:* Jeff Neuman <jeff at jjnsolutions.com>
>>> *Sent:* Friday, April 22, 2022 3:48 PM
>>> *To:* Justine Chew <justine.chew.icann at gmail.com>; Kurt Pritz <
>>> kurt at kjpritz.com>; FOUQUART Philippe INNOV/NET <
>>> philippe.fouquart at orange.com>
>>> *Cc:* GNSO Secs <gnso-secs at icann.org>; council at gnso icann. org <
>>> council at gnso.icann.org>
>>> *Subject:* RE: [council] Draft letter to the Board on closed generics
>>> dialogue
>>>
>>>
>>>
>>> I strongly urge that the letter from the NCSG is not included with this
>>> letter.  As Justine states, there are some mischaracterizations  in that
>>> letter and as far as I am aware the rest of the Council does not agree with
>>> the opinions expressed by the NCSG.  You can indicate that the NCSG opposed
>>> the meeting in the letter without any attachments.  If you include the NCSG
>>> letter, would you consider adding letters from the other SGs and Cs that
>>> are in support of the meeting?  I believe the best way is to note the
>>> NCSG’s disagreement, but not attach anything.
>>>
>>>
>>>
>>> And with respect to the word “modalities”, it is an unnecessary word.  A
>>> “modality” is a condition is it not?  So I would just state: “….that the
>>> Council is willing to pursue next steps for the facilitated dialogue,
>>> subject to mutual agreement with the GAC on the conditions for that
>>> dialogue.”
>>>
>>>
>>>
>>>
>>>
>>> Jeffrey J. Neuman
>>>
>>> Founder & CEO
>>>
>>> JJN Solutions, LLC
>>>
>>> p: +1.202.549.5079
>>>
>>> E: jeff at jjnsolutions.com
>>>
>>> http://jjnsolutions.com
>>>
>>>
>>>
>>>
>>>
>>> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Justine
>>> Chew via council
>>> *Sent:* Thursday, April 21, 2022 8:12 PM
>>> *To:* Kurt Pritz <kurt at kjpritz.com>; Philippe Fouquart <
>>> philippe.fouquart at orange.com>
>>> *Cc:* GNSO Secs <gnso-secs at icann.org>; council at gnso icann. org <
>>> council at gnso.icann.org>
>>> *Subject:* Re: [council] Draft letter to the Board on closed generics
>>> dialogue
>>>
>>>
>>>
>>> Hello Philippe, Kurt,
>>>
>>> 1. I agree with Kurt on the NCSG letter, and if it were to be included,
>>> I think we should at least address the assertion that "GAC has been silent
>>> since 2013 on the matter of Closed Generics" as called out by Jeff as a
>>> mis-characterization of the GAC on the part of NCSG.
>>>
>>>
>>> 2. I understand the word "modalities" to mean "ways of doing something",
>>> but if there's a better word to address Kurt's concerns then by all means,
>>> let's consider that.
>>>
>>> 3. Would it be feasible to add to the end of the second paragraph, a
>>> suggestion that "the conditions and modalities for that dialogue" will be
>>> forthcoming? That would indicate that Council is giving thought to those
>>> and will continue to do so (hence allowing for the Closed Generics small
>>> team leeway to do its work).
>>>
>>> Thanks for considering.
>>>
>>> Kind regards,
>>> Justine
>>>
>>>
>>>
>>> On Fri, 22 Apr 2022 at 06:54, Kurt Pritz via council <
>>> council at gnso.icann.org> wrote:
>>>
>>> Hi Philippe:
>>>
>>>
>>>
>>> Two comments:
>>>
>>>
>>>
>>> 1. If the NCSG has requested that reference to their comment should be
>>> included it in the letter, then we should include it. If not, you might ask
>>>  if they want that (and if they do, include it). I don’t think it adds
>>> value at this point — but will add value as we get into the meeting set-up,
>>> the discussion scope, and the actions taken with any recommendations that
>>> come out of the meeting.
>>>
>>>
>>>
>>> 2. I personally recommend that we avoid the use of the term
>>> ‘modalities.’ I don’t know what it means and, if participating in a group
>>> tasked with identifying them, I wouldn’t know what they are. I right
>>> clicked on the word and found that Microsoft knows of no synonyms. I looked
>>> it up in a popular online dictionary and came up with:
>>>
>>> — the quality or state of being modal;  a modal quality or attribute;
>>>
>>> — the classification of logical propositions according to
>>> their asserting or denying the possibility, impossibility, contingency, or
>>> necessity of their content;
>>>
>>> — one of the main avenues of sensation (such as vision);
>>>
>>> — a usually physical therapeutic agency
>>>
>>>
>>>
>>> Not getting the sense from there, I looked for its use in a sentence and
>>> found:
>>>
>>> "Ineluctable modality of the visible: at least that if no more, thought
>>> through my eyes.” *The New Yorker, 7 Feb. 2022*
>>>
>>>
>>>
>>> That did not help me understand the definition but did tell me a lot
>>> about the kind of people that use the word. I understand the word is
>>> commonly used in governmental settings but we needn’t adopt the custom if
>>> it is not clarifying or helpful.
>>>
>>>
>>>
>>> Slightly more seriously, when we meet among ourselves and with the GAC,
>>> we should all understand the target and “modalities” seems too broad. It
>>> would be helpful for me (maybe it is just me) to replace the word with
>>> commonly spoken terms or to parenthetically define it.
>>>
>>>
>>>
>>> Thanks for listening,
>>>
>>>
>>>
>>> Kurt
>>>
>>>
>>>
>>> On Apr 22, 2022, at 3:32 AM, philippe.fouquart--- via council <
>>> council at gnso.icann.org> wrote:
>>>
>>>
>>>
>>> Dear Councilors,
>>>
>>>
>>>
>>> Please find attached for you review a draft response letter to the ICANN
>>> Board on closed generics. It intends to capture the conclusions of our
>>> discussion during the Council call last week.
>>>
>>>
>>>
>>> We would like to have it ready for the Board workshop next week, so
>>> please have a look before April 27th 1200 UTC (Wednesday)
>>>
>>>
>>>
>>> Thanks.
>>>
>>> Regards,
>>>
>>>
>>>
>>> Philippe
>>>
>>>
>>>
>>>
>>>
>>> _________________________________________________________________________________________________________________________
>>>
>>>
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>>>
>>> <Closed Generics_Council to ICANN Board - 20 April
>>> 2022.docx>_______________________________________________
>>> council mailing list
>>> council at gnso.icann.org
>>> https://mm.icann.org/mailman/listinfo/council
>>>
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>>> a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration,
>>> Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci.
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>> --
>>
>> *Bruna Martins dos Santos *
>>
>> German Chancellor Fellow 21' (Bundeskanzler-Stipendiatin) | Alexander
>> von Humboldt Foundation <https://www.humboldt-foundation.de/>
>>
>> Visiting Researcher (Gastwissenschaftlerin) | Wissenschaftszentrum
>> Berlin für Sozialforschung (WZB) <https://wzb.eu/en>
>>
>> Member | Coalizão Direitos na Rede <https://direitosnarede.org.br/>
>> Chair | Non-Commercial Stakeholder Group at ICANN
>> <https://gnso.icann.org/en/about/stakeholders-constituencies/ncsg>
>> Co-Coordinator | Internet Governance Caucus  <https://igcaucus.org/>
>>
>> Twitter: @boomartins <https://twitter.com/boomartins> // Skype:
>> bruna.martinsantos
>> *bruna.martinsdossantos at wzb.eu <bruna.martinsdossantos at wzb.eu>* and
>> bruna.mrtns at gmail.com
>>
>

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