[CCWG-ACCT] Lawyers' Comments on CCWG Comments on Draft New ICANN Bylaws

[Mueller, Milton L]

> -----Original Message-----
> It is important to realize the precedent that the bylaws process is setting for
> the rest of the implementation phase. If the bylaws do get approved by the
> Board at the end of this month, it will probably be the first legal document to
> get finalized in the implementation phase. The SLAs with the RIRs and the IETF
> have not yet been agreed by the parties; the IPR commitments are in the
> works; the RZMA contract has yet to be published; the PTI doesn’t exist nor
> does the ICANN-PTI contract. So if the precedent that gets set with the bylaws
> is that each of these document processes opens a new opportunity to add
> provisions or deviate from the consensus proposals, that strikes me as a
> rather dangerous precedent given that what we’ve all been driving toward is
> finalization of everything by mid-August. I do not believe there is either the
> time or the will to re-open the consensus positions as established in the
> proposals.

This is a very persuasive argument.

--MM