[council] [Fwd: [gtld-council] GNSO Council Item 4: Proposed bylaws amendment to improve transparency with respect to contract approvals]

[GNSO.SECRETARIAT@GNSO.ICANN.ORG]

Sujet: [gtld-council] GNSO Council Item 4: Proposed bylaws amendment to 
improve transparency with respect to contract approvals
Date: Tue, 17 Oct 2006 18:28:20 +1300


At the 28 September Council meeting, it was suggested that Jonathan 
Nevett and I would provide proposed changes to the wording provided by 
the General Counsel in relation to the proposal that the GNSO Council be 
notified when there were changes in contract provisions made by ICANN 
agreements.  As the 28 September meeting minutes note,
at the the time this proposal was originally made there was a suggestion 
to change ARTICLE III: TRANSPARENCY
in the bylaws
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm#III
and to amend  Section 6  NOTICE AND COMMENT ON POLICY ACTIONS to add in
'policies or contracts'. On examination, the  General Counsel's office
suggested creating a new section 7 under the transparency article:

Notice and comment on gTLD agreement approvals
   "With respect to any proposed GTLD registry or registrar agreement
that includes material contractual provisions that substantially differ
from other past ICANN agreements, ICANN will notify the GNSO Council and
post the proposed agreement with a public comment forum on the ICANN
website at least twenty-one days (and if practical, longer) prior to any
final approval of the agreement."

Jonathan Nevitt and I have examined this wording and propose that 
Council agree to the following new section 7 under the transparency article:

Notice and comment on gTLD agreement approvals
"With respect to any proposed GTLD registry or registrar agreement that 
includes contractual provisions that would have an effect materially 
different from other past or current ICANN agreements, ICANN will notify 
the GNSO Council and post the proposed agreement for public comment on 
the ICANN website at least twenty-one days (and if practical, longer) 
prior to any final approval of the agreement."


Alistair Dixon
Industry and Regulatory Affairs




-- 
Glen de Saint Géry
GNSO Secretariat - ICANN
gnso.secretariat[at]gnso.icann.org
http://gnso.icann.org