[governance] Is really Bulgarian Cyrillic .бг (.bg) similar to other Latin ccTLDs?

Paul Lehto lehto.paul at gmail.com
Sat Nov 5 13:53:43 EDT 2011


To the extent possible, a statement regarding "mutual mistake of fact" is
usually grounds to get out of a contract or deal or understanding, and into
a new process or negotiation.   It also allows both parties to save face,
in that both have made a mistake.  I am not familiar enough with the
details of the communications and its history to know if this would
possibly apply or not, but if there is some basis for it, I'd advocate
serious consideration of making mutual mistake an element of a letter
urging reconsideration of this (non)decision.

Paul Lehto, J.D.

2011/11/5 Avri Doria <avri at acm.org>

> Hi,
>
> I think this is a good idea.  If we can create an IGC consensus letter that
>
> a. discusses this issue
> b. asks for a transparent review of the issue
> c. asks for a general process by which any ICANN Staff decision on string
> confusability have a method for transparent review and appeal.
>
> I do not think we need to recommend a solution, but we might recommend
> policy considerations consistent with the Affirmation of Commitments that
> would govern such a review and apeal.
>
> We might also want to copy the leadership of ALAC when the letter is sent
> asking for their support of such an appeal mechanism.
>
> avri
>
> On 5 Nov 2011, at 00:07, Ian Peter wrote:
>
> > Avri wrote:
> >
> >> Well there is a new Board now, with a new chair.
> >> All they need to do is recognize the mistake and tell the staff to fix
> it.
> >> Takes a little courage, but a lot of people on that Board have courage.
> >
> > Perhaps a carefully drafted letter from this Caucus would be useful in
> this
> > regard?
> >
> >
> >
> >
> >> From: Avri Doria <avri at psg.com>
> >> Reply-To: <governance at lists.cpsr.org>, Avri Doria <avri at psg.com>
> >> Date: Fri, 4 Nov 2011 21:58:57 -0400
> >> To: IGC <governance at lists.cpsr.org>
> >> Subject: Re: [governance] Is really Bulgarian Cyrillic .бг (.bg)
> similar to
> >> other Latin ccTLDs?
> >>
> >> Well there is a new Board now, with a new chair.
> >> All they need to do is recognize the mistake and tell the staff to fix
> it.
> >> Takes a little courage, but a lot of people on that Board have courage.
> >>
> >> avri
> >>
> >> On 4 Nov 2011, at 03:16, Daniel Kalchev wrote:
> >>
> >>>
> >>>
> >>> On 03.11.11 18:31, Paul Lehto wrote:
> >>>> It would seem that there either is, or should be, a process to "call
> the
> >>>> question" as they say in parliamentary procedure.  If not, a motion
> can be
> >>>> made for a decision, or a letter sent citing undue delay and calling
> for a
> >>>> decision (with or without additional clarifying expertise appended to
> it). A
> >>>> person familiar with whatever exists in terms of procedure can
> recommend the
> >>>> best format or vehicle for forcing a decision.
> >>>>
> >>>
> >>> There is no formal process to question the outcome of the IDN Fast
> Track
> >>> applications. By definition, the only possible communication is
> between ICANN
> >>> "staff" (whatever that means) and the original applicant. Ironically,
> even
> >>> that country's Government does not have formal way to communicate with
> ICANN
> >>> on the matter.
> >>>
> >>> Nevertheless, we are exploring every available possibility for some 18
> months
> >>> now, to understand why this situation continues to persist. ICANN
> staff are
> >>> very wary of any such discussions and I perfectly understand their
> position.
> >>> More so, that the principal that handled this case, Tina Dam, is no
> longer
> >>> with ICANN.
> >>> My understanding is that ICANN now recognizes they made a mistake. But
> they
> >>> not only made the mistake to accept blindli this "expert opinion".
> They also
> >>> made the mistake to make several statements already to the effect that
> "this
> >>> is it, accept it or go away". Therefore, the problem at the moment is
> how
> >>> ICANN admits their mistake and how they go out of the rising political
> >>> problem.
> >>> I have made many proposals on how to address this, but this has been
> slow
> >>> process.. Nobody has given up anyway and it now seems inevitable
> things will
> >>> go on a more global and more politicized forums.
> >>>
> >>> Daniel
> >>> ____________________________________________________________
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> >>
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-- 
Paul R Lehto, J.D.
P.O. Box 1
Ishpeming, MI  49849
lehto.paul at gmail.com
906-204-4026 (cell)
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