[EC-NCSG] Fwd: NCSG Invoking Cooperative Engagement Process Prior to Filing for an Independent Review

Thu Jul 25 18:26:31 EEST 2013

fyi

Begin forwarded message:

> From: Robin Gross <robin at ipjustice.org>
> Subject: Re: NCSG Invoking Cooperative Engagement Process Prior to Filing for an Independent Review
> Date: July 25, 2013 8:25:14 AM PDT
> To: Amy Stathos <amy.stathos at icann.org>
> Cc: John Jeffrey <john.jeffrey at icann.org>
> 
> Dear Amy,
> 
> NCSG has filed a DIDP request to try to obtain some of the information necessary to sort out this disagreement.  Therefore we request that our initial CEP discussion take place after we have had a chance to review the requested information, which may sort out some of the issues without the need for further discussion.
> 
> I will need to check with my members as to whether or not an unrecorded meeting would be acceptable to resolve their issues.  It is our understanding that this CEP process is part of ICANN's commitment to accountability and so secret discussions that resolve important policy disputes or interpret corporate bylaws would probably be inadequate.  The entire GNSO has a direct interest in the subject matter of this dispute - the adoption of the TM+50 policy - and therefore many members of the community have an interest in understanding staff's position about its authority with respect to creating new policies and how it relates to the language in the corporate bylaws.  It would probably be best for ICANN to try to figure out a way to make transcripts of the discussions available so we can all benefit from learning staff's position on these matters which effect all of us - especially given ICANN's stated commitment to transparency in its operations.
> 
> So please let me know if we can set our CEP discussion time for a date after we've received the requested DIDP information and if ICANN can provide transcripts of the CEP discussions for purposes of transparency and accountability to the community.
> 
> Thank you,
> Robin
> 
> 
> On Jul 24, 2013, at 7:39 AM, Amy Stathos wrote:
> 
>> Hi Robin. Thank you. We are available either time on Thursday so please let us know which time you would prefer and whether there is a number we should call or if you would prefer that we set up a conference call. 
>> 
>> In terms of your second question, the process does not contemplate a recording or transcript. The process was designed to allow for frank and spontaneous discussion to help resolve any issues that can be resolved and which generally would not be recorded. 
>> 
>> Regards, Amy
>> 
>> Sent from my iPad
>> 
>> On Jul 22, 2013, at 8:30 PM, "Robin Gross" <robin at ipjustice.org> wrote:
>> 
>>> Hello Amy,
>>> 
>>> Yes I can agree to providing the extension until 25 July.  I'm available at either 11:30 or 13:30 on the 25th.  Would one of those times work for you? 
>>> 
>>> Also, will there be a recording or transcript made of the conversation for transparency and for the public record?
>>> 
>>> Thanks,
>>> Robin
>>> 
>>> On Jul 18, 2013, at 11:25 AM, Amy Stathos <amy.stathos at icann.org> wrote:
>>> 
>>>> Dear Robin:  
>>>> 
>>>> Thank you for initiating the Cooperative Engagement Process (CEP) in advance of filing a request for Independent Review.  ICANN has designated John Jeffrey as the Executive that will participate in the CEP you have initiated.  In light of the ICANN Durban meeting and associated travel schedules, pursuant to section 6 of the engagement provision we would ask that the the date for the conference called for in section 4 of the CEP be extended until either 24 or 25 July.  If you are agreeable to the extension, please let us know your availability on these suggested dates for a telephonic conference.
>>>> 
>>>> Thank you and please let us know if you have any questions.
>>>> 
>>>> 
>>>> Amy A. Stathos
>>>> Deputy General Counsel
>>>> Internet Corporation for Assigned Names and Numbers
>>>> +1-310-301-3866 (direct)
>>>> amy.stathos at icann.org
>>>> 
>>>> 
>>>> 
>>>> 
>>>> On Jul 16, 2013, at 7:43 AM, Amy Stathos <amy.stathos at icann.org> wrote:
>>>> 
>>>>> Hi Robin - This is to acknowledge receipt of your email below to independentreview at icann.org that Bruce forwarded to me.
>>>>> 
>>>>> We will be back to you in accordance with the process.  Thank you.
>>>>> 
>>>>> Amy A. Stathos
>>>>> Deputy General Counsel
>>>>> Internet Corporation for Assigned Names and Numbers
>>>>> +1-310-301-3866 (direct)
>>>>> amy.stathos at icann.org
>>>>> 
>>>>> 
>>>>>> From: Robin Gross [mailto:robin at ipjustice.org] 
>>>>>> Sent: Tuesday, 16 July 2013 1:40 AM
>>>>>> To: Bruce Tonkin
>>>>>> Cc: ec-ncsg at ipjustice.org; NCSG-Policy Policy
>>>>>> Subject: Fwd: NCSG Invoking Cooperative Engagement Process Prior to Filing for an Independent Review
>>>>>>  
>>>>>> Dear Bruce,
>>>>>>  
>>>>>> NCSG sent the below email (to independentreview at icann.org) to trigger the CEP as directed in the 11 April 2013 instructions on ICANN's website but we got a "bounce back" message to say it was a bad email address.
>>>>>>  
>>>>>> So now I'm not sure how to file this CEP request.  Any assistance you can provide in getting this filed would be greatly appreciated.
>>>>>>  
>>>>>> Thank you,
>>>>>> Robin
>>>>>>  
>>>>>> From 11 April 2013 instructions on ICANN website:
>>>>>> The Cooperative Engagement Process is as follows:
>>>>>> 
>>>>>> 1.      In the event the requesting party elects to proceed to cooperative engagement prior to filing a request for independent review, the requesting party may invoke the cooperative engagement process by providing written notice to ICANN at [independentreview at icann.org], noting the invocation of the process, identifying the Board action(s) at issue, identifying the provisions of the ICANN Bylaws or Articles of Incorporation that are alleged to be violated, and designating a single point of contact for the resolution of the issue. ...
>>>>>> 
>>>>>>  
>>>>>> Begin forwarded message:
>>>>>> 
>>>>>> 
>>>>>> From: Robin Gross <robin at ipjustice.org>
>>>>>> Subject: [EC-NCSG] NCSG Invoking Cooperative Engagement Process Prior to Filing for an Independent Review
>>>>>> Date: July 15, 2013 4:25:58 PM PDT
>>>>>> To: independentreview at icann.org
>>>>>> Cc: NCSG-Policy Policy <pc-ncsg at ipjustice.org>, ec-ncsg at ipjustice.org
>>>>>>  
>>>>>> The Noncommercial Users Stakeholders Group (NCSG), per Article IV Section 3 (14) of the Bylaws of the Internet Corporation for Assigned Names and Numbers (ICANN), respectfully invokes the Cooperative Engagement Process (CEP) in an effort to resolve certain issues at dispute with ICANN prior to filing a request for an independent review.
>>>>>> The following information is presented in full compliance with rules governing initiation of a CEP request, as amended on 11 April 2013:
>>>>>> 1. The single point of contact for the NCSG in this matter shall be:
>>>>>> Ms. Robin Gross
>>>>>> Chair, Noncommercial Users Stakeholder Group (NCSG)
>>>>>> 1192 Haight Street, San Francisco, California  94117  USA
>>>>>> Telephone number:  +1-415-553-6261
>>>>>> E-Mail: robin at ipjustice.org
>>>>>>  
>>>>>> 2.  The Board action subject to the CEP:
>>>>>> Resolution 2013.07.02.NG01 of the New gTLD Program Committee, dated 2 July 2013, adopting the revised recommendation of the Board Governance Committee relating to Reconsideration Request 13-3.
>>>>>>  
>>>>>> 3. We allege violation of the following provisions of ICANN?s Bylaws, with respect to the previously stated Board action:
>>>>>> ICANN Bylaws, Article 1 (2) (7)
>>>>>> ICANN Bylaws, Article I (2) (8)
>>>>>> ICANN Bylaws, Annex A, section 9
>>>>>> ICANN Bylaws, Annex A, section 10
>>>>>>  
>>>>>> We look forward to working with ICANN?s designated representative on this matter in a good faith effort to resolve the issues in contention and obviate the need for an independent review.
>>>>>> Submitted the 15th of July 2013,
>>>>>> Robin Gross
>>>>>> NCSG Chair
>>>>>>  
>>>>>> _______________________________________________
>>>>>> EC-NCSG mailing list
>>>>>> EC-NCSG at ipjustice.org
>>>>>> http://mailman.ipjustice.org/listinfo/ec-ncsg
>>>>>>  
>>>>> 
>>>> 
> 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.ipjustice.org/pipermail/ec-ncsg/attachments/20130725/00a7d1ee/attachment-0001.html>