[CCWG-ACCT] Business Constituency point about Affirmation Reviews in the new draft Bylaws

[Greg Shatan]

All,

I am currently polling the IPC to confirm that the IPC supports the points
made here by the BC.  I am reasonably confident that such support will be
forthcoming.

Greg Shatan
President, IPC

On Thu, May 12, 2016 at 5:17 PM, Steve DelBianco <sdelbianco at netchoice.org>
wrote:

> Today the BC agreed to share these points about the draft new bylaws,
> regarding the SSR and WHOIS Affirmation Reviews.
>
> These 2 reviews are *already* late per the Affirmation requirements, and
> would also be “late" when we add the review requirement to the Bylaws.
> The BC is not troubled by a new Bylaw that also requires ICANN to begin the
> next SSR and WHOIS review as soon as possible.
>
> --
>
> Draft Bylaws Section 4.6 (c) (v), regarding timing of the Security,
> Stability, and Resiliency (SSR) review required under the Affirmation of
> Commitments, which is now to be brought into ICANN bylaws.
>
> Text from new Bylaws:  "The SSR Review shall be conducted no less
> frequently than every five years, measured from the date the previous SSR
> Review Team was convened."
>
> *BC Comment*:  The previous SSR review was convened in 2010, so a 5-year
> interval would require the next review by Oct-2015.  Some CCWG members are
> concerned that the above text creates a new problem since the SSR review
> would be at least 1 year late at the time the Bylaws are approved.  Those
> concerned are suggesting revisions to the draft Bylaws to avoid a situation
> where ICANN is immediately failing to honor its new Bylaws.
>
> The SSR review is already later than is required under the Affirmation of
> Commitments, so ICANN is already failing to meet that obligation.  We are
> not troubled by a new Bylaw that also requires ICANN to begin the next SSR
> review as soon as possible.
>
> We prefer that ICANN follow through on the Board-approved 2016 start date
> for SSR-2 review.   We expect SSR-2 to assess ICANN’s implementation of
> SSR-1, including the extent to which ICANN is prepared to meet future
> challenges and threats to the security, stability, and resiliency of the
> Internet DNS, consistent with ICANN's limited technical mission.
>
> —
>
> Draft Bylaws Section 4.6 (e) (v), regarding timing of the Whois/Directory
> Service review required under the Affirmation of Commitments, which is now
> to be brought into ICANN bylaws.
>
> Text from new Bylaws: "The Directory Service Review shall be conducted no
> less frequently than every five years, measured from the date the previous
> Directory Service Review Team was convened.”
>
> *BC Comment*:  The previous Whois review was convened in Oct-2010, so a
> 5-year interval would require the next review by Oct-2015.  Some CCWG
> members are concerned that the above text creates a new problem since the
> Whois/Directory Service review would be at least 1 year late at the time
> the Bylaws are approved.  Those concerned are suggesting revisions to the
> draft Bylaws to avoid a situation where ICANN is immediately failing to
> honor its new Bylaws.
>
> The Whois review is already later than is required under the Affirmation
> of Commitments, so ICANN is already failing to meet that obligation.  We
> are not troubled by a new Bylaw that also requires ICANN to begin the next
> Whois/Directory Service review as soon as possible.
>
> We prefer that ICANN follow through on the Board-approved 2016 start date
> for Whois-2 review.   We expect Whois-2 to assess ICANN’s implementation of
> Whois-1 and current Whois policy. We recognize that there are policy
> efforts underway to develop a next generation registration directory
> service. As repeatedly reinforced by ICANN’s Board, however, the effort to
> replace Whois complements, and runs in parallel with, ICANN’s obligation to
> fully enforce existing consensus policy and contractual conditions relating
> to Whois.
>
>
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>
>
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