[cc-humanrights] Fwd: [CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version

Niels ten Oever niels at article19.org
Sun Apr 3 21:16:44 UTC 2016

Hi all,

The draft bylaw texts have been distributed to the CCWG list, please
find the e-mail below and attachments attached.

I pasted the bylaw text on human rights below, seems like they pretty
much exactly followed the recommendated text that came out of the CCWG



Section 27.3. human rights
(a) Within the scope of its Mission and Core Values, ICANN commits to
respect internationally recognized human rights as required by
applicable law. This commitment does not create and shall not be
interpreted to create any additional obligations for ICANN and shall not
obligate ICANN to respond to or consider any complaint, request or
demand seeking the enforcement of human rights by ICANN.

(b) Section 27.3(a) shall have no force or effect unless and until a
framework of interpretation for human rights (“FOI-HR”) is approved by
(i) the CCWG-Accountability as a consensus recommendation in Work Stream
2, (ii) each of the CCWG-Accountability’s chartering organizations and
(iii) the Board (in the case of the Board, using the same process and
criteria used by the Board to consider the Work Stream 1
Recommendations). Upon approval of the FOI-HR as contemplated in this
Section, the text included within Section 27.3(a) shall be inserted into
Section 1.2(b) as a Core Value

(c) No person or entity shall be entitled to invoke the reconsideration
process provided in Section 4.2 or the independent review process
provided in Section 4.3 with respect to this Section 27.3 for any
actions by ICANN or the Board occurring prior to the date that the
conditions set forth in Section 27.3(b) are satisfied

-------- Forwarded Message --------
Subject: 	[CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2
April 2016 version
Date: 	Sun, 3 Apr 2016 14:16:21 +0200 (CEST)
From: 	Mathieu Weill <mathieu.weill at afnic.fr>
To: 	CCWG Accountability <accountability-cross-community at icann.org>

Dear colleagues,

In anticipation of our calls this week, please find below a note from
the lawyers group, the draft bylaws as well as an issue list.

It is important to read the lawyers notes as they quite efficiently
describe the context and status of the work. Please review them for any
process related question.

The purpose of our calls this week will be to address the issue list
questions (questions 1-7 & 25-34 are for the CCWG, the others for CWG).

Should any other issue be added to the list based on your respective
reviews, please raise your questions on the list for transparency.

Best regards,

Depuis mon mobile, désolé pour le style

Début du message transféré :

> *Expéditeur:* John Jeffrey via bylaws-coord <bylaws-coord at icann.org
> <mailto:bylaws-coord at icann.org>>
> *Date:* 3 avril 2016 13:16:28 UTC+2
> *Destinataire:* bylaws-coord at icann.org <mailto:bylaws-coord at icann.org>
> *Cc:* "Flanagan, Sharon" <sflanagan at sidley.com
> <mailto:sflanagan at sidley.com>>, "Cc: Zagorin, Janet S."
> <jzagorin at sidley.com <mailto:jzagorin at sidley.com>>, "Hilton, Tyler"
> <thilton at sidley.com <mailto:thilton at sidley.com>>, ICANN-Adler
> <ICANN at adlercolvin.com <mailto:ICANN at adlercolvin.com>>, "Hofheimer,
> Joshua T." <jhofheimer at sidley.com <mailto:jhofheimer at sidley.com>>,
> "Mohan, Vivek" <vivek.mohan at sidley.com
> <mailto:vivek.mohan at sidley.com>>, "Clark, Michael A."
> <mclark at sidley.com <mailto:mclark at sidley.com>>, "Boucher, Rick"
> <rboucher at sidley.com <mailto:rboucher at sidley.com>>, Sidley ICANN CCWG
> <sidleyicannccwg at sidley.com <mailto:sidleyicannccwg at sidley.com>>,
> "Kerry, Cameron" <ckerry at sidley.com <mailto:ckerry at sidley.com>>,
> "McNicholas, Edward R." <emcnicholas at sidley.com
> <mailto:emcnicholas at sidley.com>>, Daniel Halloran
> <daniel.halloran at icann.org <mailto:daniel.halloran at icann.org>>, Amy
> Stathos <amy.stathos at icann.org <mailto:amy.stathos at icann.org>>,
> "Boelter, Jessica C.K." <jboelter at sidley.com
> <mailto:jboelter at sidley.com>>, "Fuller, Miles" <wfuller at sidley.com
> <mailto:wfuller at sidley.com>>, "Tam, Tennie H." <tennie.tam at sidley.com
> <mailto:tennie.tam at sidley.com>>
> *Objet:* *[bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version*
> *Répondre à :* John Jeffrey <john.jeffrey at icann.org
> <mailto:john.jeffrey at icann.org>>
> Dear Bylaws Coordination Group,
> Please find attached a document – DRAFT NEW ICANN BYLAWS (vers.
> 2Apr) (“DRAFT BYLAWS”) for your review and discussion. As you will
> recall the last full draft was provided to you on 18 March, with the
> promise to provide another full turn of the DRAFT BYLAWS for your
> review today on 2 April.  The DRAFT BYLAWS attached is the current
> working draft among the legal drafting group.  There is also an Issue
> List attached, which are a set of additional questions and
> clarifications requested from the Bylaws Coordination Group.
>  We ask that you share the attachments with your CCWG, ICG and CWG
> colleagues who will be reviewing this during this critical work week
> *_Recent Work_* – During the past two weeks the legal drafting
> group, made up of Sidley’s team, Adler’s team and ICANN's Legal
> team reviewed and worked through mark ups and redrafts of the various
> sections of new ICANN Bylaws.  Also, we have held four separate
> meetings with the Bylaws Coordination Group during this two-week
> period asking questions and incorporating that feedback into the new
> draft.  There is likely to be the need for some additional discussions
> as we work toward a public comment version of the new ICANN bylaws.
> *_More Work to Do_* – There is still work to do on the DRAFT BYLAWS,
> in identifying and working through any remaining provisions in the
> draft that are not clear, finding any remaining open issues, improving
> the provisions, and polishing the draft before publication for public
> comment.  The legal teams remain engaged in review mode and are
> available for questions and comments during this period.
> *_Legal Teams have not yet “certified”_* – Since a) the Bylaws
> Coordination Group, CWG and CCWG have not yet reviewed and reacted to
> these DRAFT BYLAWS, b) there are still remaining open issues, and c)
> there is still review and polishing to be done by the legal teams –
> the legal teams have not indicated yet that the current DRAFT BYLAWS
> fully meets the recommendations within the Proposals.
> As we have indicated above there is still work to be done, including
> receiving the feedback from those reviewing these DRAFT BYLAWS this
> week before the legal teams will be in a position to certify the
> posting version for Public Comment
> *_Next Steps_* –
> 1)   /Now until 13 April/ – members of CCWG, CWG, Bylaws
> Coordination Group, Board and ICG to complete review of these DRAFT
> BYLAWS and provide feedback to legal teams;
> 2)   /Now until 18 April/, (with particular focus during week of 13-18
> April) – legal teams to update DRAFT BYLAWS working in coordination
> with the Bylaws Drafting Group;
> 3)   /20 April/ – posting date for public comment period for new
> proposed bylaws – with legal teams supporting that the new proposed
> bylaws meets the proposal recommendations.
> ———
> As before, we look forward to working with all of you in the coming
> days, to get ICANN’s Bylaws in the best form possible to effectuate
> these important changes.
> We hope these views of the documents are useful and that you receive
> them in the spirit that they are offered… to help all of us to be
> able to collaborate and work through these Bylaws changes in the most
> effective way possible — to enable the creation of a new and
> stronger, community empowered ICANN.
> John Jeffrey, Holly Gregory, and Rosemary Fei

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