[CCWG-ACCT] Draft text for first reading of Rec #11 (Stress Test 18)
sdelbianco at netchoice.org
Tue Jan 19 15:05:34 UTC 2016
Greg — here is what I proposed on first reading for Rec 11 (Stress Test 18) on today’s call.
1. To address concerns that AC advice should require accompanying rationale. Add this to supplemental draft, Rec 11 and Annex 11:
Insert a requirement in ICANN Bylaws Article XI, Section 1 (regarding all Advisory Committees), such that Formal advice of Advisory Committees must be accompanied by rationale for such advice.
2. To address IPC concern that Rec 11 might have the unintended consequences of: “requiring a mandatory vote and creating the impression that any GAC advice that is not rejected by the Board is binding on ICANN.” Add this to supplemental draft, Rec 11 and Annex 11:
This recommendation is intended to limit the conditions under which the ICANN board must enter a try to find a mutually acceptable solution. This recommendation does not create any new obligations for ICANN board to consider and/or vote on GAC advice, relative to the bylaws in effect prior to the IANA transition. This recommendation does not create any new assumption that ICANN is bound to implement any advice that is not rejected by the board, relative to the bylaws in effect prior to the IANA transition.
3. To address registry concern about consistent with ICANN bylaws. Add this to supplemental draft, Rec 11 and Annex 11:
While the GAC is not restricted as to the advice it can offer to ICANN, it is clear that ICANN may not take action that is inconsistent with its Bylaws. The empowered community will have standing to bring an IRP to challenge whether a board action or inaction that is inconsistent with its bylaws, even if the board acted on GAC advice.
Also, when we display Rec 11 in Adobe and in our supplemental draft, we should always highlight the new text being proposed:
ICANN Bylaws Article XI, Section 2:j. The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. Any Governmental Advisory Committee advice approved by a full Governmental Advisory Committee consensus, understood to mean the practice of adopting decisions by general agreement in the absence of any formal objection, may only be rejected by a vote of 2/3of the Board, and the Governmental Advisory Committee and the ICANN Board will then try,in good faith and in a timely and efficient manner, to find a mutually acceptable solution.
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