Dear NCSG and Councillors
We cannot allow this small team plus go ahead. It is becoming a policy
development group of its own. Councillors, please follow up on this.
---------- Forwarded message ---------
From: DiBiase, Gregory via council <[log in to unmask]>
Date: Tue, Oct 24, 2023 at 5:19 AM
Subject: Re: [council] [GNSO-SubProPendingRecs-ST] Point of Order - Sub Pro
Pending Recommendations Small Team Work
To: Paul McGrady <[log in to unmask]>, Tomslin Samme-Nlar <
[log in to unmask]>, Anne ICANN <[log in to unmask]>,
[log in to unmask] <[log in to unmask]>
CC: [log in to unmask] <[log in to unmask]>,
Terri Agnew via cou. <[log in to unmask]>
Hi All,
I understand the concern about stating definitively that Applicant Support
would constitute mere "Implementation Guidance" rather than actual policy.
But I’m not sure that’s the case. My understanding was that outputs from
the Small Team Plus that are sent to Council for consideration would likely
consist of both a Supplemental Recommendation and Implementation
Guidance. Is that accurate Paul?
Anne and Tomslin- do you have any concerns with telling the Board that both
a Supplemental Recommendation and Implementation Guidance is something the
small team is considering and ultimately will bring to the broader council
for their approval?
Thanks,
Greg
*From:* GNSO-SubProPendingRecs-ST <
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*Sent:* Tuesday, October 24, 2023 1:42 AM
*To:* Tomslin Samme-Nlar <[log in to unmask]>; Anne ICANN <
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*Cc:* [log in to unmask]; Terri Agnew via cou. <
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*Subject:* RE: [EXTERNAL] [GNSO-SubProPendingRecs-ST] [council] Point of
Order - Sub Pro Pending Recommendations Small Team Work
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Hi Anne and Tomslin,
Thank you both for this. If the goal is to *only* make a Supplemental
Recommendation, that relegates us to *only* a Policy position and *no
position on implementation*. This is inconsistent with how the GNSO has
been acting for many years. Saying that we will have (1) a policy
Supplemental Recommendation *AND* (2) implementation guidance is nothing
radical at all. Based on Anne’s email, I think we should take a few
minutes to level set in our next call so that everyone can be reminded
about the difference between policy recommendations and implementation
guidance. But I don’t think we need to take some decision before speaking
with the Board on whether or not Council has the ability to issue both
policy Supplemental Recommendations *and* Implementation Guidance. The
Council clearly does.
Best,
Paul
*From:* council <[log in to unmask]> *On Behalf Of *Tomslin
Samme-Nlar via council
*Sent:* Monday, October 23, 2023 8:00 PM
*To:* Anne ICANN <[log in to unmask]>
*Cc:* [log in to unmask]; Terri Agnew via cou. <
[log in to unmask]>
*Subject:* Re: [council] [GNSO-SubProPendingRecs-ST] Point of Order - Sub
Pro Pending Recommendations Small Team Work
Hi all,
Thank you, Anne for pointing this out. I too do not recall any agreement as
to the approach to tackle the Applicant Support ideas, other than that the
'idea' was floated on Sunday as an option.
I think there is also agreement that all proposals/recommendations from the
Small Team must be approved by the council before they become official
council positions. In fact, during our meeting on Sunday, it was stressed
that this be strictly adhered to, especially now that non-council members
are being invites to form 'Small Team Plus".
I therefore support Anne's request that we avoid socialising this idea of
using implementation guidance and truncating Recommendation 17.2 as the way
forward to address Board's concerns on Applicant support until the council
approves it.
Warmly,
Tomslin
On Mon, 23 Oct 2023, 22:43 Anne ICANN, <[log in to unmask]> wrote:
Dear Sub Pro Small Team,
Today I heard our Sub Pro Small Team fearless leader Paul announce to the
GAC that the ideas around Applicant Support that will be developed by the
"Small Team Plus" will constitute "Implementation Guidance" for the Board.
Of course in Sub Pro "speak", Implementation Guidance is a term of art that
means the ideas will not constitute a policy recommendation as contemplated
by Annex A, Section 9 which speaks of Supplemental Recommendations which
are policy recommendations. I commented on this in our Small Team meeting
on Saturday. (For clarity, "implementation Guidance" is a defined term in
the Sub Pro Final Report and it is not obligatory if the Board finds that
it is impractical.)
Although Paul began to speak about Implementation Guidance in the small
team meeting on Saturday, I don't recall a consensus being developed on
this approach. Perhaps more importantly, it strikes me that the decision
as to whether the ideas to be put forward in the Supplemental
Recommendation for Applicant Support will constitute Implementation
Guidance (and not policy per se) is actually a question for Council and not
for the Small Team alone to decide as this is in fact a policy matter.
Perhaps Paul (and staff?) are thinking this is the only workable approach
because of the many ideas that have been put forward. The thought may be
that no one idea (or merging of ideas into one consensus Supplemental
Recommendation) will be feasible. Or that this process would take too
long, if achievable at all? These are all very real concerns.
However, I do need to raise this Point of Order before the meeting with the
Board where the Board Statement on Sub Pro Non-Adoption will be reviewed.
I believe that in respecting the boundaries of Small Team work, we would
need authorization from Council to state to the Board that suggestions for
providing expanded assistance in the realm of Applicant Support would
constitute mere "Implementation Guidance" rather than actual policy
Recommendations which are Supplemental in nature pursuant to Annex A,
Section 9.
Of course it would be easier for the Board to accept a truncated
Recommendation 17.2 which is not specific other than to say "expand
Applicant Support". Then we could tack on various Implementation Guidance
ideas which do not actually bind the Board. However, again I believe that
if that is to be the approach taken by the Small Team, it should be
approved in advance by Council.)
As incoming Chair, Greg has already indicated in his presentation to
Council his concern in relation to transparency of Council small team
work. So let's be very careful about this one as we are due to go before
the Board to discuss the non-adopted items in the pending Sub Pro Final
Report Recommendations. Could we please discuss this further in our Closed
Session? I do not think the same statement made today to the GAC should be
repeated before the Board without authorization from Council.
Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
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