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

Matthew Shears mshears at cdt.org
Sun May 8 20:06:48 UTC 2016


Agree

On 5/8/2016 8:44 PM, Mueller, Milton L wrote:
>
>> -----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
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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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