[CCWG-ACCT] Timeline for WS1 Bylaws

Niels ten Oever lists at nielstenoever.net
Tue Mar 15 15:40:42 UTC 2016


+1

The earlier we can get our eyes on (individual) bylaws the better so we
can make the most efficient use of the little time we have.

Best,

Niels

On 03/09/2016 07:05 PM, Matthew Shears wrote:
> Thanks Mathieu
> 
> Just a thought on the process.  Is there any merit in doing this on a
> rolling basis, recommendation by recommendation - in others words the
> lawyers work on the bylaws sequentially, red-lining them, passing them
> through the Co-chairs and rapporteurs, and then forwarding to the CCWG
> to review.  Perhaps it maybe what you are outlining below, but I think
> it would be easier for the CCWG to review the redlined versions bylaw by
> bylaw - on a rolling basis - rather then as a package.  And then a final
> opportunity to review the whole to make sure that it sits well together
> and that any linkages between the recommendations are not lost, etc.
> 
> Matthew
> 
> On 3/9/2016 5:38 PM, Mathieu Weill wrote:
>>
>> Hello everyone,
>>
>>  
>>
>> This is a brief update on the next steps for our work on drafting
>> bylaws to implement the CCWG report. The timeline is tight. Read on to
>> see why.
>>
>>  
>>
>> At our meeting on Friday we discussed the iterative approach for
>> bylaws drafting, with the co-chairs and rapporteurs forming a first
>> line triage team to check consistency between the draft Bylaws and the
>> CCWG Final Report. Then the documents will be public for CCWG scrutiny
>> and comment before being updated.
>>
>>  
>>
>> We didn’t have a view about timing on Friday other than that it would
>> have to be soon. Now we have some more information on that.
>>
>>  
>>
>> We co-chairs were joined by rapporteurs at a dinner on Monday night
>> which included CWG reps, Board members and ICANN staff. The purpose
>> was to make sure the implementation process is well coordinated
>> between the groups in the coming weeks. 
>>
>>  
>>
>> Larry Strickling was at the dinner, and he set out his thoughts about
>> timeframes. An important piece of information from him was that the
>> N.T.I.A. won’t complete its review and assessment of the proposal
>> until the bylaws that implement them are in place (with commencement
>> happening post-transition). 
>>
>>  
>>
>> NTIA has said publicly that it plans to complete its report within
>> about 90 days of receiving the Stewardship and Accountability
>> proposals on 10 March, presuming that the Chartering Organisations
>> approve our proposal. That is because they wish to give the U.S.
>> Congress a suitable period of time to consider their report before the
>> Congress goes into recess for the summer on 15 July. 
>>
>>  
>>
>> Taking these two points together, it means we need to fit the
>> following steps and *rough* dates together:
>>
>>  
>>
>> Friday 8 April:     CCWG finishes draft bylaws
>>
>>  
>>
>> then            Board approves draft bylaws for public comment
>>
>>  
>>
>> Friday 15 April:    Open Public Comment for bylaws 
>>
>>  
>>
>> Sunday 15 May:     Close Public Comment for bylaws
>>
>>  
>>
>> then            Follow up changes to draft Bylaws based on public comments
>>
>>                    and
>>
>>                    CCWG sign off of final draft bylaws
>>
>>  
>>
>> Tuesday 31 May:    Board approves draft bylaws
>>
>>  
>>
>> In our view, this timeframe is tight but manageable. 
>>
>>  
>>
>> We are in discussion with our external Counsel about how to progress
>> the draft Bylaws over the next couple of weeks. They have some ideas
>> that include intensive discussions with ICANN legal, who know the
>> bylaws well, and will be working on the quick production of a first
>> draft set of bylaws.
>>
>>  
>>
>> The Implementation Oversight Team will do a very rapid turnaround on
>> the draft, and get it out to you asap, along with a note from our
>> lawyers to confirm compliance with our report.  Our intention is that
>> there is at least four days and preferably a week for review and
>> comments for CCWG members and participants. Then the draft bylaws
>>  will be finalised taking those comments into account, and given to
>> the Board who we expect will rapidly put them out for public comment.
>>
>>  
>>
>> It’s important for us all to see this as a translation exercise:
>> turning our Proposal into Bylaws. Because of the work we have all
>> done, the intention of the Proposal is clear. Turning that into draft
>> Bylaws language should be reasonably straightforward, and if there are
>> areas of dispute and disagreement, they should be few. 
>>
>>  
>>
>> We will have the chance to discuss this schedule at our implementation
>> meeting on Thursday, but we invite you to consider the draft schedule
>> above, the realities driving it, and to discuss all this in the lead
>> up to our meeting.
>>
>>  
>>
>> Best,
>>
>>  
>>
>> Mathieu, Thomas and Leon.
>>
>>  
>>
>>
>>
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> 
> -- 
> 
> 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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