[NCUC-DISCUSS] [info] Draft New ICANN Bylaws Posted for Public Comment

[Schaefer, Brett]

Kathy, the bylaw changes are very extensive because we fundamentally changed the governance structure of ICANN.

I agree Milton that that is a concern. Just as concerning, however, is whether we fail to discover that “gotcha” before the transition occurs. Under the new rules, it will be very difficult to fix the bylaws after the fact if there is an oversight or unforeseen problem that benefits the Board or negatively affects only one or two SO/ACs.  We think we know how the new governance structure will work, but we won’t really know until everything goes into effect.

This is one of the reasons that Paul and I suggested having a trial period to work out the kinks and make sure everything works as predicted.


________________________________
Brett Schaefer
Jay Kingham Senior Research Fellow in International Regulatory Affairs
Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy
The Heritage Foundation
214 Massachusetts Avenue, NE
Washington, DC 20002
202-608-6097
heritage.org<http://heritage.org/>
From: Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] On Behalf Of Mueller, Milton L
Sent: Friday, April 22, 2016 10:44 AM
To: Aarti Bhavana; Rafik Dammak
Cc: ncuc-discuss at lists.ncuc.org
Subject: Re: [NCUC-DISCUSS] [info] Draft New ICANN Bylaws Posted for Public Comment

Yes, Aarti, we are not able to change the basic proposal.

However, I wonder what would happen if someone discovers some major “gotcha” that creates legal issues or some kinds of internal contradictions. So the overall proposal must, I think, be assessed in terms of its workability and not just in terms of its adherence to the CCWG proposal.

--MM

From: Ncuc-discuss [mailto:ncuc-discuss-bounces at lists.ncuc.org] On Behalf Of Aarti Bhavana
Sent: Friday, April 22, 2016 3:20 AM
To: Rafik Dammak <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>>
Cc: ncuc-discuss at lists.ncuc.org<mailto:ncuc-discuss at lists.ncuc.org>
Subject: Re: [NCUC-DISCUSS] [info] Draft New ICANN Bylaws Posted for Public Comment


Hi Rafik,

The way I understand it, we are only looking at whether the bylaws adequately reflect the principles in the final proposal, that the chartering organisations agreed to. This does not involve a substantive discussion itself, as that has been closed. However, if anyone thinks that the articulation of the bylaws haven't quite captured the accountability-enhancing recommendations agreed upon in the final proposal, then this is the perfect place to raise these concerns.

Best,
Aarti
On 22 Apr 2016 12:10 pm, "Rafik Dammak" <rafik.dammak at gmail.com<mailto:rafik.dammak at gmail.com>> wrote:
Hi everyone,

I am sharing here the announcement about public comment period for the new ICANN bylaws challenges, which is part of the implementation for the accountability proposals. as you know the the accountability work is still ongoing starting with the so-called "workstream 2". it doesn't look like when you read the announcement, but this is another important step to implement accountability measures within ICANN.

hope that those from NCUC involved in the CCWG can give some background and explanations.

Best Regards,

Rafik

---------- Forwarded message ----------

Original link: https://www.icann.org/news/announcement-2016-04-21-en<https://www.icann.org/news/announcement-2016-04-21-en>

Draft New ICANN Bylaws Posted for 30-day Public Comment
Now that the IANA Stewardship Transition Coordination Group (ICG) and Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) proposals have been transmitted to NTIA, one of the key implementation planning items is to amend the ICANN Bylaws to reflect the recommendations in those Proposals. The proposed draft of the New ICANN Bylaws was developed collaboratively by the ICANN legal team and the independent counsel hired to advise the CCWG-Accountability and the Cross Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship). In developing the Draft New ICANN Bylaws, the attorneys consulted a Bylaws Coordination Group populated with both community and Board members, as well as with the CWG-Stewardship and the CCWG-Accountability.

Both the independent counsel to the community groups and ICANN's General Counsel have confirmed that the Draft New ICANN Bylaws are consistent with the community proposals relating to the IANA Stewardship Transition.

These proposed draft Bylaws, are out for a 30-day public comment from 21 April – 21 May to allow any interested party to review and provide feedback. This timeline allows for comments to be analyzed and incorporated in time for a tentative 27 May adoption of the Bylaws by the ICANN Board.

NTIA has stated that it needs to see that changes to the Bylaws have been adopted sufficient to implement the Transition Proposals before NTIA can complete its review of the Transition Proposals. This public comment period is designed to meet that deadline.

Link: https://www.icann.org/public-comments/draft-new-bylaws-2016-04-21-en<https://www.icann.org/public-comments/draft-new-bylaws-2016-04-21-en>




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