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

Mouad GOUAIMA mouad.gouaima at gmail.com
Fri Apr 22 21:34:39 CEST 2016


Hi everyone,

I agree with Karel, it is too late to change the by-laws so all we can do
is to examine the verbiage of the by-laws to avoid any flaw that could
cause a lack of understanding or improper use of the text.

Regards.

Mouad

2016-04-22 19:33 GMT+01:00 Karel Douglas <douglaskarel at gmail.com>:

> 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
>> >>>
>> >>>
>> >>>
>> >>> _______________________________________________
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>> >>> 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
>> >>
>> >>
>> >>
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>> >
>> >
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