[PC-NCSG] Fwd: [NCSG-Discuss] Should NCSG consider filing an ombudsman complaint against ICANN senior staff for violating the organization's policy development process?

Tue Mar 26 22:24:47 EET 2013

Hello,

 I have procedural question, what we have as other process to complain
about decisions within ICANN besides filling complain to ombudsman, just to
have an idea about possible escalation .

Best,

Rafik

2013/3/27 Robin Gross <robin at ipjustice.org>

> Do we have a couple GNSO Councilors who are willing to take this issue up
> and coordinate with colleagues in other SG's to garner the necessary
> GNSO-wide support needed to make this motion succeed?   (Obviously CSG
> won't go for it 'cuz it creates new rights for them, but if Ry and Rr do,
> we may have something).
>
> Your efforts would be much appreciated - and could have a big impact in
> protecting the bottom-up model. Thanks!
>
> Best,
> Robin
>
> Begin forwarded message:
>
> *From: *Mary.Wong at LAW.UNH.EDU
> *Date: *March 26, 2013 12:28:14 PM PDT
> *To: *NCSG-DISCUSS at LISTSERV.SYR.EDU
> *Subject: **Re: [NCSG-Discuss] Should NCSG consider filing an ombudsman
> complaint against ICANN senior staff for violating the organization's
> policy development process?*
> *Reply-To: *Mary.Wong at LAW.UNH.EDU
>
>  I agree that the Council would be the appropriate filer in this case. As
> I mentioned in a different message, there seems to be a pattern that
> decisions are being made outside the GNSO policy processes - although that
> may be proven to not be the case in one or more of the instances we've
> discussed on this list. In any event I think it would be useful and
> appropriate for the Council to discuss this directly, and hope our
> Councilors can support this action. It seems to me also that before
> introducing the motion it may be worth investigating whether a Councilor
> from a different SG/House would be prepared to second it.
>
> Cheers
> Mary
>
>
> Mary W S Wong
> Professor of Law
> Faculty Chair, Global IP Partnerships
> Chair, Graduate IP Programs
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> Two White Street
> Concord, NH 03301
> USA
> Email: mary.wong at law.unh.edu
> Phone: 1-603-513-5143
> Webpage: http://www.law.unh.edu/marywong/index.php
>
>
> >>>
>     *From: *
>  Avri Doria <avri at ACM.ORG>
>   *To:*
>   <NCSG-DISCUSS at LISTSERV.SYR.EDU>
>   *Date: *
>  3/26/2013 3:23 PM
>   *Subject: *
>  Re: [NCSG-Discuss] Should NCSG consider filing an ombudsman complaint
> against ICANN senior staff for violating the organization's policy
> development process?
>   Hi
>
> I can support the NCSG filling such a complaint, though it would be better
> for the GNSO Council to file it.
>
> Perhaps we can first introduce it as a motion for the next g-council
> meeting, and if the council decides against it, then we could do it
> independently.
>
> avri
>
> On 26 Mar 2013, at 15:14, Robin Gross wrote:
>
> > I think NCSG should consider filing an ombudsman complaint against the
> organization's senior management for violating the organization's policy
> development process by adopting staff's "strawman solution" which never
> went through proper process (or any process for that matter).
> >
> > The most dangerous part of staff's adopted proposal creates
> unprecedented new rights for trademark holders with this "once infringed"
> theory of new rights to TM+50 derivations of that mark.  This particular
> proposal was stitched together by TM lobbyists and staff when NCSG wasn't
> even in the room - because it was 10pm at night in LA and I had left for my
> flight on staff's assurances that no policy discussions would take place
> that evening.  ALAC wasn't in the room either (although Evan & Alan
> participated remotely on the phone in the middle of their night).
> >
> > The GNSO Council said don't adopt this policy.
> >
> > ICANN staff admitted the proposal was a policy decision and not an
> implementation decision - a key distinction in staff's ability to make
> decisions. [Although the first time staff published its report on the mtg's
> discussion of that proposal, staff's blog report differed from what the CEO
> stated to meeting participants and said this proposal had been
> characterized as an "implementation" decision by mtg participants.  It took
> some persistence and insistence from mtg participants to correct staff's
> blog post and classify this proposal as "policy" - which was the truth of
> what the LA mtg participants had said.  Finally staff gave-in, as I was not
> the only one to complain about the inaccurate reporting, and they changed
> the web-posting to reflect that the group - and staff - had classified this
> proposal as "policy, and not implementation" at the LA mtg.  The CEO
> apologize for staff's "mistake".  I'm sure it's all another coincidence...]
> >
> > The CEO told Congress only a few weeks' previously that ICANN could not
> adopt such a policy - in part because it creates new rights (and ICANN
> isn't supposed to creating new rights).
> >
> > The above doesn't even go into the underlying substance of the
> particular (TM+50) proposal (which turns trademark law on its head).  How
> is anyone going to criticize a company or product that was "found to
> abused" by someone else, somewhere else, in an entirely unrelated
> circumstance?  This proposal actually thumbs its nose at trademark law
> because trademark law recognizes that "once infringed" does not create some
> magical new category of rights that is allowed to trample on the expression
> rights of all the innocent and lawful uses of a word (that resembles a
> trademark).  But I'll save the complaints about how nonsensical the
> substance of this proposal is for another email.  This email is just about
> the insanity of ICANN senior staff attempting to usurp the bottom-up policy
> development process to appease powerful political interests.
> >
> > If ICANN staff refuses to follow the organization's own stated policies,
> the Ombudsman is supposed to be able to intercede, no?
> >
> > Best,
> > 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
> >
> >
> >
>
>
>
>
>
> 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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>
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