[NCUC-DISCUSS] [Important] NCUC Bylaws amendment consultation process

Stephanie Perrin stephanie.perrin at mail.utoronto.ca
Fri Sep 9 09:46:16 CEST 2016


+1.  I totally agree, there is so much work involved in communicating 
with "le grand public" as we say up here, that I think it is not useful 
to kick people out because they are not active at ICANN itself. No point 
in all of us suffering here....the goal is to sustain a body of members 
who are united in common goals to represent the non-commercial users, 
and fight for civil society perspectives on DNS policy and 
implementation.  We need to work on measuring engagement (there may be 
folks totally disengaged on our lists) but that is a communications 
challenge, one which I hope that subgroup will tackle shortly.

Thanks

Stephanie Perrin


On 2016-09-09 03:13, Mark Leiser wrote:
> I would vigorously object at the suggestion that "passive members" get 
> kicked out the constituency and would suggest not only is it 
> completely off course, but also offensive and counterproductive. I am 
> one of the "passive members" you refer to and hardly ever post on 
> these threads, yet I read every email and contemplate the implications 
> of the discussions and debates that come into my Inbox. I may be a 
> "passive member" here, which is what you seem to want to judge me on, 
> but am active in promoting civil society's role in Internet Governance 
> in my academic setting (I teach Internet Governance on our LLM 
> Programme at my home institute and discuss NCSG's role within ICANN to 
> a lesser extent when teaching at the London School of Economics.
>
> My "passivity" turns "active" when I take what I have learned and 
> through silent contemplation, write extensively about the role of 
> civil society in Internet Governance and particularly the NCSG's role 
> in fighting back against IP owners and other non-state actors over 
> governance.
>
> Enter shameless plug for my chapter in the forthcoming Oxford Handbook 
> on the Law and Regulation of Technology. Oxford University Press: 
> http://strathprints.strath.ac.uk/54396/
>
> I feel incredibly passionate about the role of NCUC and NCSG in 
> holding ICANN to check. I didn't think I'd have to post here from time 
> to time in order to validate my feelings...
>
> Mark
>
>
> Mark
>
>
> Mark Leiser, BSc, LLB (Hon) | Teaching Associate and PhD Candidate | 
> University of Strathclyde | Faculty of Humanities and Social Science | 
> The Law School l Centre for Internet Law and Policy | LH306 | Lord 
> Hope Building | 141 St James Road | Glasgow G4 0LT | Tel. +44 141-548-2493
>
> Email <mailto:markleiser at gmail.com> |Bio 
> <https://www.strath.ac.uk/humanities/courses/gradschool/studentprofiles/markleiser/> 
> | Twitter <http://twitter.com/#%21/mleiser> | LinkedIn 
> <http://www.linkedin.com/profile/view?id=189149411&trk=tab_pro> 
> |Google+ <https://plus.google.com/u/0/105289982691060086995/posts>
>
>
>
> On 9 September 2016 at 06:45, Raoul Plommer <plommer at gmail.com 
> <mailto:plommer at gmail.com>> wrote:
>
>     This might be completely off course, but should we have a way to
>     kick out passive members, who haven't done anything for ... one or
>     two years? That ten percent could become unattainable eventually.
>
>     -Raoul
>
>     On 9 September 2016 at 02:59, Rafik Dammak <rafik.dammak at gmail.com
>     <mailto:rafik.dammak at gmail.com>> wrote:
>
>         Hi everyone,
>
>         I am glad to share with you this important announcement, on
>         behalf of NCUC EC, to start the NCUC Bylaws change process.
>
>         There were previously several attempts to amend the
>         bylaws/charter to update it and align it with NCSG charter.
>         For this time and as the bylaws allowed it, the NCUC EC
>         decided to work as drafting team and propose an amended draft
>         version for consultation based on previous drafting teams and
>         volunteers work. I want to thank everyone who participated on
>         those precedent efforts.
>
>         In term of timeline, we are going to follow this basically:
>
>           * ***Call for input*, *first reading* from _9th September
>             till 8th Octobe_r
>
>         NCUC Charter Amendments
>         <https://docs.google.com/document/d/1wYP4-JGKA_u6QligvViBkygzj8Q62kmFF-ky5XSWWDU/edit#heading=h.30j0zll>First
>         Draft
>
>         NB During this time, the EC will regularly monitor the doc for
>         questions and comments and attempts to resolve them.
>         Teleconferences can be held as well to resolve issues and
>         update members on our progress
>
>           * *_First resolution of comments_* 8th October to 9th
>             October by NCUC EC
>           * *Call for input, second reading* for amended draft, _9th
>             October to 9th November_
>           * *Consultation about the charter during NCUC ad-hoc
>             meeting* in Hyderabad (tentative date is 6th November)
>           * *Final call* : _9th November to 12th November_ , to take
>             note of any objections
>           * *Final draft ready* by _13th November_ to be approved by
>             NCUC EC
>           * * Voting *in parallel with NCUC election (tentative dates
>             _14 Nov. - 27 Nov_) to adopt the new charter.
>           * *When adopted*, informing the ICANN staff about the new
>             charter, process with ICANN board/staff/OEC
>             (Organizational  Effectiveness Committee) starts. That
>             process is outlined and explained at the bottom
>
>         As working method, we are going to follow this:
>
>           * The clean version of draft is shared in  google doc here
>             <https://docs.google.com/document/d/1wYP4-JGKA_u6QligvViBkygzj8Q62kmFF-ky5XSWWDU/edit?usp=sharing> and
>             you can find the attached redline version to see the
>             changes. For those who cannot access we can provide a doc
>             version and will input their comments on their behalf. The
>             google doc is in comments mode (and keeping trace of the
>             discussion, please identify yourself when you comment) and
>             your input is highly  encouraged to be made there  but
>             discussion can happen in NCUC list.
>           * Farzaneh as EC member will be the editor/penholder. The EC
>             will respond to the comments and try solve any issue or
>             questions.
>           * During each readings, we will try to resolve comments,
>             explain rationale behind amendments. We will keep a clean
>             version as output from a reading .
>           * We will organize  conference calls during each
>             reading/consultation to respond to questions and resolve
>             pending issues, in addition to a dedicated session in
>             Hyderabad ICANN meeting (where remote participation
>             channels will be provided too)
>           * We will organize a first a Q&A call about the process and
>             to clarify about ICANN process side. We will create a page
>             in our website to document the process and keep the
>             documents there for tracking.
>           * The NCUC EC will respond to questions/inquiries in the
>             mailing list.
>
>
>         *Adoption process*
>         *
>         *
>         according to section VIII of the current bylaws, to amend the
>         bylaws we need:
>
>         /A. Changes to this charter may take place by vote of the
>         Members. Changes may be proposed by the Executive Committee or
>         by petition of the Members. A petition of ten (10) percent of
>         the then-current members shall be sufficient for putting a
>         charter amendment on the ballot for consideration at the next
>         regular election. Alternatively, the Executive Committee by
>         majority vote may propose an amendment for consideration at
>         the next regular election./
>
>         /B. Charter amendments shall be passed if at least two thirds
>         of the votes cast in the election favor its adoption (provided
>         40% or more of the eligible Voters cast a ballot in the
>         election)./
>
>         the voting/election period will take this on consideration
>         (under discussion currently) with regard to the ballot and
>         procedures to be defined by the NCUC EC.
>
>         *Board/OEC process:*
>
>         At a high level, the GNSO Charter Amendment Process involves a
>         total of four basic phases
>
>         ·      Amendment preparations and approval by the
>         charter-amending community;
>
>         ·      Staff review and analysis of amendments for potential
>         ICANN organization impacts;
>
>         ·      Review of amendments and opportunity for comment by the
>         multistakeholder community; and
>
>         ·      Full Board review and action
>
>         According to ICANN staff, the entire Board review process
>         (which involves the last three phases of the process) seems to
>         now be taking about 6 or 7 months (calculating from the formal
>         submission of the amendments to staff).  The specifics of the
>         process look like this:
>
>         */_SUMMARY OF GNSO CHARTER AMENDMENT PROCESS (Excerpts)_/*
>
>         /On 28 September 2013, the ICANN Board established a process
>         for the amendment of GNSO Stakeholder Group and Constituency
>         Charters. That process is as follows:/
>
>         */Phase I: Amendment Preparation/*
>
>         /GNSO Stakeholder Groups (SGs) and Constituencies should
>         formulate charter amendments through their own internal
>         processes and notify ICANN Staff as early as practicable (at
>         //policy-staff at icann.org <mailto:policy-staff at icann.org>) upon
>         initiation and completion (approval) of such efforts./
>
>         */Phase II: Staff Review/*
>
>         /Upon formal receipt of the proposed amendment(s) approved by
>         the community group, ICANN staff will analyze the proposal
>         and, within 10 business days, submit the community proposal
>         with a report to the appropriate Board committee identifying
>         any fiscal or liability concerns.**/
>
>         */Phase III: Public Comments/*
>
>         /After Board committee review of the Staff report and the
>         proposed charter amendments, the Board committee will direct
>         the opening of a Public Comment Forum. Upon completion of the
>         Forum, within 30 calendar days, staff will provide a report to
>         the Board committee summarizing the community feedback.**/
>
>         */Phase IV: Board Review/*
>
>         /At the next available opportunity after the delivery and
>         publication of the staff report, the appropriate Board
>         committee shall review the proposed charter amendments, the
>         staff report and any community feedback and make a
>         recommendation to the Board./
>
>         /After receiving a recommendation from the committee, the
>         Board shall either:/
>
>         /a.//Recognize the proposed charter amendment by a simple
>         majority vote; or/
>
>         /b.//Reject the proposed amendment by a supermajority (2/3)
>         vote and provide a specific rationale for its concerns./
>
>         /c.//If neither above condition is met, the Board will ask for
>         further explanation of the proposed amendments by the community./
>
>         /In its review of the proposed amendments, the ICANN Board may
>         ask questions and otherwise consult with the affected SG or
>         Constituency. If it is not feasible for the Board to take
>         action on the proposed amendments after two meetings, the
>         Board shall report to the affected SG or Constituency the
>         circumstance(s) that prevented it from making a final action
>         and its best estimate of the time required to reach an action.
>         That report is deemed an "action" under this process. If it is
>         not feasible for the Board to take action on the proposed
>         amendments after four meetings (or after a total of six
>         scheduled meetings), the proposed community amendments will be
>         deemed effective./
>
>         The full process is posted on the ICANN GNSOweb site at the
>         bottom of this page
>http://gnso.icann.org/en/about/stakeholders-constituencies
>         <http://gnso.icann.org/en/about/stakeholders-constituencies>. 
>         A pdf version of the process can be viewed and downloaded from
>         this link
>         -http://gnso.icann.org/en/about/stakeholders-constituencies/charter-amendment-process-28sep13-en.pdf
>         <http://gnso.icann.org/en/about/stakeholders-constituencies/charter-amendment-process-28sep13-en.pdf>
>
>         Please feel free to ask any question or clarification about
>         the process and the bylaw draft. We need everyone
>         participation in this process.
>
>         Best Regards,
>
>         Rafik Dammak
>
>         NCUC chair
>
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