[NCUC-DISCUSS] [info] Draft New ICANN Bylaws Posted for Public Comment
Karel Douglas
douglaskarel at gmail.com
Fri Apr 22 20:33:49 CEST 2016
Hi All,
I read the cover note which essentially provided that " any interested
party to review and provide feedback" on the draft. I'm sure no one expects
that it would be a substantive review on a new model ( under Calf law or
other) - the time has long past for those comments and I'm pretty sure
those points will not be considered.
The extent of one's review is therefore confined to the new By-laws. It is
probably the last opportunity to critically examine , on a line by line
basis, the verbiage of the by-laws. In so doing we might discover several
errors or "gotcha" points.
regards
Karel
On Fri, Apr 22, 2016 at 12:39 PM, avri doria <avri at apc.org> wrote:
> hi,
>
> I disagree. I think that is a slippery slope toward people thinking
> they can fine tune the proposal by discovering potential contradictions.
>
> avri
>
>
> On 22-Apr-16 10:53, Kathy Kleiman wrote:
> > +2 Milton, and you pointed out some truly disturbing problems about
> > two weeks ago.
> > As for me, I am shocked at the tremendous revision to the bylaws being
> > introduced.
> > I had thought we were adjusting accountability, not rewriting ICANN's
> > structure.
> > - Kathy
> >
> > On 4/22/2016 10:50 AM, Matthew Shears wrote:
> >> + 1 Milton
> >>
> >> On 4/22/2016 3:44 PM, Mueller, Milton L wrote:
> >>>
> >>> 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>
> >>> *Cc:* 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
> >>>
> >>>
> >>>
> >>>
> >>> 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
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>>
> >>> _______________________________________________
> >>> Ncuc-discuss mailing list
> >>> Ncuc-discuss at lists.ncuc.org <mailto:Ncuc-discuss at lists.ncuc.org>
> >>> http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> >>>
> >>>
> >>>
> >>> _______________________________________________
> >>> Ncuc-discuss mailing list
> >>> Ncuc-discuss at lists.ncuc.org
> >>> http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> >>
> >> --
> >>
> >> Matthew Shears | Director, Global Internet Policy & Human Rights Project
> >> Center for Democracy & Technology | cdt.org
> >> E: mshears at cdt.org | T: +44.771.247.2987
> >>
> >>
> >>
> >> _______________________________________________
> >> Ncuc-discuss mailing list
> >> Ncuc-discuss at lists.ncuc.org
> >> http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss
> >
> >
> >
> > _______________________________________________
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>
>
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