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

Dan Krimm dan at musicunbound.com
Fri Sep 9 20:37:41 CEST 2016


Yes, but as Avri notes later (and as Raoul originally observed), this 
was more about making it possible for petitions to be brought by a 
subset of members without having to get a percent of a total that 
includes non-responsive members.

Since Tapania has clarified that "active" just means "responded to 
voting check-in" why not just have the 10% apply to active members 
rather than total members?  This does not require purging inactive 
members, but prevents their inactivity from hindering petition processes.

Dan


On 9/9/16 12:55 AM, Rafik Dammak wrote:
> Hi Dan,
>
> with regard to charter amendment, executive committee can initiate it 
> as per the article A in section VIII. that is how we did for this time.
>
> Best,
>
> Rafik
>
> 2016-09-09 16:51 GMT+09:00 Dan Krimm <dan at musicunbound.com 
> <mailto:dan at musicunbound.com>>:
>
>     There are other ways to balance the hurdle for charter amendments --
>     abjectly kicking out passive members is not the only option.  The 10%
>     could be applied to *active* members, however that is defined (one
>     idea:
>     has voted in an election in the last N elections, not sure what
>     number N
>     should be -- but what was the criterion going to be for "passive"
>     members,
>     anyway?).
>
>     So then "passive" members would not prevent amendments from being
>     petitioned, while still remaining members.
>
>     All groups such as this reflect a power-law curve (roughly:
>     "80/20" rule)
>     in participation.  But individuals from that "long tail" can
>     occasionally
>     pop up and do something useful (my engagement of the election reform
>     process is a case in point).
>
>     It's always better to be inclusive, but then it seems to make sense to
>     define procedures so that spotty participation doesn't bog down the
>     process.
>
>     Dan
>
>
>
>     On Fri, September 9, 2016 12:34 am, Michael Oghia wrote:
>     > Thank you for this impassioned defense, Mark. Indeed, with the
>     idea that
>     > anyone can join the mailing list, listen in on the
>     conversations, and
>     > choose to be as active or inactive as they want, any individual
>     not only
>     > has the right to do so but increases the accountability and
>     transparency
>     > of
>     > our processes.
>     >
>     > What I am thinking instead since this point has been raised is
>     connected
>     > to
>     > the annual check-in process. Since we already check to see if
>     people who
>     > have signed up have an active email address (for the purposes of
>     voting),
>     > I
>     > think we should maintain a policy that as long as someone has
>     signed up,
>     > has an active address, and is not engaging in blatantly obstructing
>     > behavior (e.g., spamming the list(s)), such members have every
>     right to
>     > recieve updates and mails, as Mark so brilliantly highlighted.
>     >
>     > Moreover, discerning the criteria to essentially remove someone from
>     > NCSG/NCUC is a pandora's box in and of itself.
>     >
>     > Best,
>     > -Michael
>     >
>     >
>     > On Fri, Sep 9, 2016 at 9:13 AM, Mark Leiser
>     <markleiser at gmail.com <mailto:markleiser at gmail.com>> 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/
>     <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 <tel:%2B44%20141-548-2493>
>     >>
>     >>
>     >>
>     >> Email <markleiser at gmail.com <mailto:markleiser at gmail.com>> | Bio
>     >>
>     <https://www.strath.ac.uk/humanities/courses/gradschool/studentprofiles/markleiser/
>     <https://www.strath.ac.uk/humanities/courses/gradschool/studentprofiles/markleiser/>>
>     >>  | Twitter <http://twitter.com/#!/mleiser
>     <http://twitter.com/#%21/mleiser>> | LinkedIn
>     >> <http://www.linkedin.com/profile/view?id=189149411&trk=tab_pro
>     <http://www.linkedin.com/profile/view?id=189149411&trk=tab_pro>> |
>     >> Google+
>     >> <https://plus.google.com/u/0/105289982691060086995/posts
>     <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
>     <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
>     <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>
>     >>>> <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 GNSO web 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
>     <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
>     >>>>
>     >>>> _______________________________________________
>     >>>> 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
>     <http://lists.ncuc.org/cgi-bin/mailman/listinfo/ncuc-discuss>
>     >>>>
>     >>>>
>     >>>
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>     >>>
>     >>>
>     >>
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