[CCWG-ACCT] New ICANN Bylaws

Sat May 28 20:11:45 UTC 2016

There is a lot in the new Bylaws that presumes 
the transition, but most is from the CWG/ICG 
Proposals. There is not a lot in the Bylaws 
associated directly with the CCWG that related to 
the transition, but there are some. The sections 
on community powers and the IRP refer to PTI, for instance.

Given the time line we have been on, it would 
have made absolutely no sense to devote time to 
creating a set of Bylaws presuming the 
transition, and a separate set presuming no 
transition. Even if time had permitted, it would 
be poor public relations to have a set of Bylaws 
ready and adopted presuming the transition fails.

I have problems with some of the Bylaws adopted 
(as do we all, I guess), but after nearly two 
grueling years of work, I am glad that we have reached this stage.

I am willing to take the Board's statements at 
face value, and presume that if the transition 
does fail, we will revisit these Bylaws, extract 
the parts that no longer apply, and move ahead 
with the accountability measures.

Alan

At 27/05/2016 04:23 PM, Phil Corwin wrote:
>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
>Virtualaw LLC
>1155 F Street, NW
>Suite 1050
>Washington, DC 20004
>202-559-8597/Direct
>202-559-8750/Fax
>202-255-6172/Cell
>
>Twitter: @VlawDC
>
>"Luck is the residue of design" -- Branch Rickey
>
>
>-----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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