[CCWG-ACCT] New ICANN Bylaws

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Sat May 28 17:54:13 UTC 2016


I have no idea how to square the Board's resolution with its previous oral
commitments to the CCWG.  At Marrakesh, a member of the Commercial
Stakeholder Group asked the board to confirm that “Even in the event that
there were some political problem with the transition, it is your intention
that we will have implemented the bylaws changes. That the accountability
reforms are done and that we will have implemented the other aspects and
that political impediment to the transition will not prevent the
implementation of those bylaws reforms.” ICANN board member Bruce Tonkin
answered on behalf of the board: “So the only caveat in that case
is if the
NTIA wished to continue its agreement, we would just need to make sure that
any changes were not in conflict with that agreement, which really doesn’t
involve much in the way of any of the accountability work that you’ve been
involved in.” ICANN board member Cherine Chalaby added: “So I’d like to add
to what Bruce is saying. Basically on the accountability reforms, I think
the train has left the station and the reasons for that is the community has
come to an agreement. I mean, if the community did not come to an agreement,
it would be a different thing. So I think they are good accountability
measures and we’re committed to go forward with it, even if there are
political positions and such. So subject to some of the caveats that Bruce
has done, we’re all in support of that.” Video and initial transcript
available at ICANN Public Meetings, “Joint Meeting of the ICANN Board & the
Commercial Stakeholders | Adobe Connect: Full [EN],” March 8, 2016,
https://meetings.icann.org/en/marrakech55/schedule/tue-board-csg/ac-board-cs
g-08mar16-en (accessed March 15, 2016).

Saying "we are committed to going forward except with conflicting
provisions" and saying "we are committed to working with the community to
identify what goes forward" are two different things, I think.

More to the point, since the only aspect that would not go forward if the
NTIA contract were retained would be the PTI/IANA piece, there is no reason
that I can see why all the rest of the accountability -- EC/IRP/Revised
Mission Statement/RIR improvements etc.  could not proceed.  I would have
thought the Board resolution would have reflected that determination
affirmatively instead of the hesitancy that it does.

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
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www.redbranchconsulting.com
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-----Original Message-----
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Phil
Corwin
Sent: Friday, May 27, 2016 4:24 PM
To: Samantha Eisner <Samantha.Eisner at icann.org>; avri doria <avri at apc.org>;
accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] New ICANN Bylaws

In regard to this -- 'The Board is committed to working with the community
to identify the portions of the CCWG-Accountability recommendations that can
be implemented in the event that it is determined that ICANN's obligations
to perform the IANA Functions will remain under contract with NTIA." -- why
wouldn't all of them be implementable regardless of whether the transition
occurs? That's a very carefully phrased statement that does not commit the
Board to implementing any of them; it's just a commitment to have a dialogue
with the community that designed the recommendations if the transition is
delayed.

I'm having difficulty identifying a single new accountability measure that
can't be implemented in the absence of the IANA transition. I am not and
have not advocated for a delay, but just don't see how one is connected to
the other so far as implementation goes (I understand the political
connection, of course).

I hesitate to rain on the parade on what is a very important and overall
positive development for the ICANN community, and I'm not advocating that
the accountability improvements take effect before October 1. But these are
needed improvements on which the community demonstrated strong consensus
support.

Regards, Philip



Philip S. Corwin, Founding Principal
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-----Original Message-----
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Samantha Eisner
Sent: Friday, May 27, 2016 3:02 PM
To: avri doria; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] New ICANN Bylaws

Hi Avri, 

Here is the language from the Resolution on the effective date:

"Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective
upon the expiration the IANA Functions Contract between ICANN and NTIA.
The Board reaffirms its Resolution 2016.03.10.18, stating, 'The Board is
committed to working with the community to identify the portions of the
CCWG-Accountability recommendations that can be implemented in the event
that it is determined that ICANN's obligations to perform the IANA Functions
will remain under contract with NTIA.¹"


Best regards, 

Sam

On 5/27/16, 11:51 AM, "accountability-cross-community-bounces at icann.org on
behalf of avri doria" <accountability-cross-community-bounces at icann.org on
behalf of avri at apc.org> wrote:

>Hi,
>
>anyone know when they go into effect?
>
>immediately?
>
>avri
>
>
>On 27-May-16 14:44, Hillary Jett wrote:
>> Original link: https://www.icann.org/news/blog/new-icann-bylaws
>>
>>
>>   New ICANN Bylaws
>>
>> *Author: Steve Crocker*
>>
>> Today, on behalf of the ICANN Board, I am pleased to announce the 
>> adoption
>> 
>><http://www.icann.org/resources/board-material/resolutions-2016-05-27-
>>en>
>> of
>> the new ICANN Bylaws
>> 
>><https://www.icann.org/en/system/files/files/adopted-bylaws-27may16-en
>>.pd
>>f>,
>> which reflect changes made as a result of the IANA Stewardship 
>> Transition package of proposals 
>> <https://www.icann.org/stewardship-accountability>. The new Bylaws 
>> are the result of hundreds of hours of work by the community and the 
>> legal teams. The Regional Internet Registries Service Level Agreement 
>> and Internet Engineering Task Force Memorandum of Understanding 
>> Supplemental Agreement have also been approved for signing and will 
>> go into effect after the transition.
>>
>> Later today, ICANN will be transmitting the new Bylaws to the U.S.
>> Department of Commerce¹s National Telecommunications and Information 
>> Administration (NTIA). NTIA has previously stated that adoption of 
>> the new Bylaws is required for them to complete their review of the 
>> proposals, which is expected to occur in June.
>>
>> This is an important milestone for ICANN and the community. As we 
>> await the release of NTIA¹s report, we continue to prepare for 
>> implementation of the transition proposals. We thank everyone for 
>> their continued hard work and support during this transition process.
>>
>> --
>>
>> Hillary Jett
>> Communications Coordinator
>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>
>> Mobile: +1 (202) 674-3403
>> Email: hillary.jett at icann.org
>>
>>
>> _______________________________________________
>> Accountability-Cross-Community mailing list 
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>
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