[NCSG-PC] Fwd: [council] Motion SubPro WG Final Report

Sat Feb 13 00:07:09 EET 2021

Dear members,

The SubPro WG final report is up for vote in the next week's council
meeting and below and attached is the motion and approach that will be
taken by the council.

For those who've read the report or have followed the discussion, you'll
know that while most of the items deliberated by the WG had some form of
consensus, recommendations 35.2 and 35.4 only had strong support but
significant opposition.

Please let the PC know if you have any questions or concerns.

Cheers,
Tomslin

---------- Forwarded message ---------
From: Flip Petillion <fpetillion at petillion.law>
Date: Sat., 13 Feb. 2021, 03:40
Subject: [council] Motion SubPro WG Final Report
To: GNSO Council List <council at gnso.icann.org>

Dear Councilors,

Attached please find an amendment to the Motion of the Policy Development
Process on New gTLD Subsequent Procedures Final Report.

As the motion proposer and noting that there is no seconder as yet for the
motion, I deem those amendments to be friendly.

I attach a version with and a version without track changes.

Respectfully submitted,

Flip

Flip Petillion

fpetillion at petillion.law

+32484652653

www.petillion.law

<https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

*From: *Flip Petillion <fpetillion at petillion.law>
*Date: *Friday, 5 February 2021 at 22:00
*To: *GNSO Council List <council at gnso.icann.org>
*Subject: *Motion SubPro WG Final Report

Dear Councilors,

Attached please find a Motion to Adoption of the Policy Development Process
on New gTLD Subsequent Procedures Final Report.

The motion is structured in such a way that the Council will be voting on
the Final Report as one package.  That said, because two of the hundreds of
Outputs had strong support but significant opposition, we have bifurcated
the resolved clauses to (a) recommend the implementation of those Outputs
that had either consensus or full consensus designations and (b) *consider* the
Outputs that have strong support but significant opposition as well as the
associated rationale in the report and the minority statements.

We believe that providing the entire report to the Board for its
consideration is important for the Board to understand how we arrived at
where we are and to give those very few areas without consensus some
context.  We are not stating that the Board MUST implement those elements
that did not have consensus, but we are giving them full information so
that either they can make a decision on how to proceed on those, or ask for
future work.

Although there are these couple Outputs that did not attain at least
Consensus, and one Output (Closed Generics) where there is consensus that
there is no agreement, we do not believe that a Council substantive
discussion on these issues or remanding it back to the Working Group, would
result in a different result.  There are good arguments on all sides of
these issues and the Working Group spent  a number of years trying to come
up with compromise proposals without success. These are areas where we
believe that guidance from the Board will be necessary to make further
progress on these issues.

Should you have questions, I am at your disposal for a call to discuss
these. I would appreciate it should you share your questions in the list
beforehand.

Respectfully submitted,

Flip

Flip Petillion

fpetillion at petillion.law

+32484652653

www.petillion.law

[image: id:image001.png at 01D3691D.DA7539C0] <https://www.petillion.law/>

  Attorneys – Advocaten – Avocats

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