[CCWG-ACCT] CCWG documentation

Steve Crocker steve at shinkuro.com
Tue Jul 7 19:46:47 UTC 2015


Thanks for pointing to this.  I took a quick look to see how easy it is to navigate.

I looked in particular at the Bylaws Drafting Process.  Here’s the link and the PDF of the process is attached.

> https://community.icann.org/download/attachments/50823981/Bylaw%20drafting%20process.pdf?version=1&modificationDate=1435910021000&api=v2

The second page of the two page document is a very pretty and very readable diagram showing the six step process, with explicit attention to who is responsible, who contributes, who is informed, and who approves at each step.  Five columns showing the role of the CCWG, SUBGROUP, ICANN LEGAL, INDEP. COUNSEL and BOARD are included.

As I’m sure you would expect, my attention focused immediately on the role the BOARD is expected to play during each of these six steps.  The BOARD’s role is blank in steps 2-5.  In steps 1 and 6 it is shown as “Informed.”

This leaves me puzzled.  Under the existing bylaws and standard operating procedures, each bylaw change requires the board to take two actions, i.e. formal approval, not just being informed.  The board first must pass a resolution approving the proposed language.  When the proposed language is approved, the proposed bylaw change is posted for public comment.  If the public comments are supportive, the board passes a second resolution formally adopting the change.

All parts of ICANN, including the board, have always treated bylaw changes as significant events.  They are never done lightly or quickly.  I fully appreciate the CCWG is also treating the proposed bylaw changes as significant, and the board stands ready to be supportive, but we must also observe the existing bylaws as we make these changes.

ICANN LEGAL is listed in the diagram as having a strong role throughout the process, and I can understand that from the outside it might seem that once ICANN LEGAL has spoken there’s nothing more for the BOARD to say, but I can assure you this is not how things work.  The BOARD does indeed keep in close touch with ICANN LEGAL, but until the BOARD has formally passed resolutions adopting a bylaws change, the change cannot legally happen.

I recommend editing the document to include the formal requirements for adopting the resolutions.  I am conscious in writing this that the title of the document is the Bylaw *drafting* process and that perhaps this is intended only as the front end of the entire process.  If so, it means there will be steps beyond the six listed here to actually get the bylaws adopted.  On the other hand, I suspect many will read this document as if it’s the complete process. Either way, it will help everyone to include the formal passage of resolutions in the overall picture.


Steve Crocker
writing on behalf of the ICANN board of directors

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On Jul 7, 2015, at 12:37 PM, Avri Doria <avri at acm.org> wrote:

> Hi
> In the last few hours there has been a vast improvement.
> https://community.icann.org/display/acctcrosscomm/Plenary+Drafts+for+CCWG-Accountability
> I actually went and found what I was looking for, instantly.
> thank you
> thank you
> avri
> ---
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