I'm not so keen on the amendment re: Chatham House rule.   I don't  
like the idea that the review teams can decide its a secret and its a  
secret.  Its too easy and there is no limitation on what they can  
decide is an exceptional circumstance.  I prefer the amendment we  
discussed in the call today which deletes the entire reference to  
Chatham House rule.

Thanks,
Robin


On Jan 27, 2010, at 3:05 PM, Mary Wong wrote:

> Although I don't have a problem with the Chatham House rule, in  
> deference to other members' concerns and to avoid a scenario where  
> striking out the clause entirely would be an exercise unsupported  
> by the other groups, how about a friendly amendment along the lines  
> of:
>
> "It is expected that any communications or other input sought and  
> received will be provided in good faith, and that SOs/ACs will  
> exercise prudence and make use of the opportunity when it is  
> necessary to support the teams and/or convey major concerns. In  
> exceptional circumstances, a SO or AC, the review teams or members  
> thereof may consider it necessary to subject such communications or  
> other input to reasonable restrictions such as the Chatham House  
> rule, and where this is the case, the relevant parties to the  
> affected communication or input shall, as far as possible, be  
> informed in advance."
>
> It's been a long day here too (and not just because of vertical  
> integration and ICANN!) so if anyone more familiar with the issue  
> cares to amend further, please feel free!
>
> Cheers
> Mary
>
> Mary W S Wong
> Professor of Law & Chair, Graduate IP Programs
> Franklin Pierce Law Center
> Two White Street
> Concord, NH 03301
> USA
> Email: [log in to unmask]
> Phone: 1-603-513-5143
> Webpage: http://www.piercelaw.edu/marywong/index.php
> Selected writings available on the Social Science Research Network  
> (SSRN) at: http://ssrn.com/author=437584
>
>
> >>>
> From:	William Drake <[log in to unmask]>
> To:	<[log in to unmask]>
> Date:	1/27/2010 3:28 PM
> Subject:	motion on Chatham
> "Obviously, any such communications would need to respect reasonable
> restrictions like the review teams adherence to the Chatham House  
> rule, and the SO/ACs
> should be expected to exercise prudence and to only make use of the  
> opportunity when it is
> necessary to support the teams and/or convey major concerns.




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