[bc-gnso] FOR IMMEDIATE REVIEW: BC comment on Postponing GNSO Review

Steve DelBianco sdelbianco at netchoice.org
Wed Sep 4 12:56:07 UTC 2013

BC members —

On last Thursday's call, I did not press for a BC comment on ICANN's plan to postpone GNSO review. (link<http://www.icann.org/en/news/public-comment/gnso-review-15jul13-en.htm>)  This comment period closes 6-Sep and we have several other pressing policy matters, so I encouraged BC members to comment individually.

Right after the call, Aparna circulated a draft comment similar to what Google already filed.  Bill Smith offered the Bylaws point, several others agreed, and we now have the below text circulating (including the Phil Corwin's edit to the second point.)

The BC ExCom has authorized a 3-day review period for this comment, since the comment period closes 6-Sep.  This is noted as an "extraordinary" departure from the 14 day review required in our present Charter, and is justified by the limited time remaining in the comment period.

If more than 10% of members object to the comment below, our Charter (link<http://www.bizconst.org/charter.htm>) requires that we have a poll and/or discussion to determine whether there is majority support, and requires a quorum of half of members.

If you OBJECT to the text below, please REPLY ALL and indicate reason you are objecting.  Please know that IF you suggest changes to the text, we have to ask members to re-review the changed text, which will likely take us past the 6-Sep deadline.


Text for Approval:

As business users of the Internet, we depend upon its stability, security, resiliency, and interoperability in order to conduct commerce online. An effective Generic Names Supporting Organization (GNSO) plays a critical role in ensuring thatICANN can support the stability, security, resiliency, and interoperability of the Internet. As such, ICANN's bylaws require that a periodic review of theperformance of each supporting organization, including the GNSO, be conducted every five years.
The GNSO review required in ICANN's bylaws should not be postponed, for three principal reasons:
First, the timeline for the GNSO review is mandated by ICANN's bylaws. The bylaws should be carefully considered, respected, and amended as necessary. Ignoring or temporarily suspending compliance with the bylaws suggests that ad hoc processes are appropriate, undermining the community's confidence in its key structural documents.
Second, much has changed since the last GNSO review. More people than ever before rely on the Internet as a platform for innovation and commerce; indeed, the Internet has become an indispensable platform for many businesses.  The new gTLD program has blurred the lines between the discrete “silo” constituencies and bifurcated houses (contracted and non-) reflected in that last GNSO review and restructuring, making it more imperative that a review process be started sooner rather than later.  Thus, the actions of the GNSO impact vastly more constituents than they did in 2006, when the last GNSO review was commenced.
Third, the review has historically taken many years to implement. Given that we may face yet another lengthy review process, we encourage the Board and the GNSO community to avoid further delays in commencing the current round.
 Accordingly, the Business Constituency urges that the Structural Improvements Committee commence the GNSO review without delay. Doing so will both strengthen confidence in ICANN's bylaws and allow the GNSO community to consider the impact of changes that have occurred since 2006.

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