[Gnso-bylaws-dt] UPDATE Re: Reports from the GNSO Bylaws Implementation Drafting Team

Thu Dec 1 22:21:13 UTC 2016

Steve and DT Members,

During its meeting today, 01 December, the GNSO Council unanimously passed a very slightly amended version of the motion (with amendments from Amr accepted as friendly).  I will send a link to the amended motion as soon as it is posted.

Best regards,

Julie

Julie Hedlund, Policy Director

From: Steve DelBianco <sdelbianco at netchoice.org>
Date: Monday, November 7, 2016 at 4:03 AM
To: "gnso-bylaws-dt at icann.org" <gnso-bylaws-dt at icann.org>
Cc: Julie Hedlund <julie.hedlund at icann.org>
Subject: Re: [Gnso-bylaws-dt] Reports from the GNSO Bylaws Implementation Drafting Team

Update: GNSO Council Chair James Bladel introduced an amended motion accepting our DT report today in Council (see below).   One Councilor requested a deferral, so this motion will be considered at the Council call on 1-Dec. 

I should add that this motion is supported by the IPC, BC, and ISPCP.

MOTION – Acceptance of the Report from the GNSO Bylaws Implementation Drafting Team and next steps

Made by: James Bladel; Seconded by: Rubens Kuhl

WHEREAS:

1.       On 30 June 2016 the GNSO Council approved the creation of a Drafting Team (DT) that was to work with ICANN staff to “fully identify all the new or additional rights and responsibilities that the GNSO has under the revised Bylaws, including but not limited to participation of the GNSO within the Empowered Community, and to develop new or modified structures and procedures (as necessary) to fully implement these new or additional rights and responsibilities”;

2.       In creating the DT, the GNSO Council requested that the DT provide the GNSO Council with an implementation plan “which will have the consensus of the Drafting Team, including any recommendations for needed further changes to ICANN Bylaws and/or GNSO Operating Procedures to enable effective GNSO participation in ICANN activities under the revised ICANN Bylaws, not later than 30 September 2016”;

3.       During the course of the DT’s work, strongly divergent views were expressed on the role of the GNSO Council in the Empowered Community, leading to the production of a Final Report which included a minority report; and 

4.       The DT submitted its Final Report to the GNSO Council on 12 October 2016 (https://gnso.icann.org/en/drafts/bylaws-drafting-team-final-report-12oct16-en.pdf). The GNSO Council has reviewed the DT’s report.

RESOLVED:

1.       The GNSO Council accepts the recommendations in the DT’s report as submitted.

2.       The GNSO Council directs ICANN Policy Staff to draft proposed language for any necessary modifications or additions to the GNSO Operating Procedures and, if applicable, those parts of the ICANN Bylaws pertaining to the GNSO. The GNSO Council requests that ICANN Legal evaluate whether the proposed modifications are consistent with the post-transition Bylaws and report their findings to the GNSO Council.

3.       The GNSO Council requests that members of the DT make themselves available for consultation by ICANN Policy Staff as needed.

4.       In acknowledgement of the divergent views within the DT, the GNSO Council directs ICANN Policy Staff to post the DT Final Report, including the minority report, and all proposed modifications or new procedures for public comment for no less than 40 days. The GNSO Council expects that any comments received will be given meaningful consideration.

5.       As resolved previously, the GNSO Council intends to subject the adoption of the proposed modifications to existing procedures and/or ICANN Bylaws to a GNSO Supermajority vote.

6.       The GNSO Council thanks the DT for its collaborative effort, especially in view the limited time frame available to the DT.

From: Steve DelBianco <sdelbianco at netchoice.org>
Date: Wednesday, October 19, 2016 at 5:25 AM
To: "gnso-bylaws-dt at icann.org" <gnso-bylaws-dt at icann.org>
Cc: Julie Hedlund <julie.hedlund at icann.org>
Subject: Re: [Gnso-bylaws-dt] Reports from the GNSO Bylaws Implementation Drafting Team

Should have sent this out earlier, sorry.    Just a follow-up on last week’s GNSO Council meeting (13-Oct):

There was discussion of our DT reports.  Amr, Wolf-Ulrich, and I answered some questions. 

Then at least 2 Councilors (Heather Forrest and Marilia Maciel) asked for deferral of the motion until the Hyderabad meeting (7-Nov).  

Transcript of Council discussion is here[gnso.icann.org], pages 16-25.

Hoping that all of you will be in India so we can explain our report and answer questions from Council — which requires a GNSO Supermajority to approve our recommendations. 

—Steve

From: Julie Hedlund <julie.hedlund at icann.org>
Date: Wednesday, October 12, 2016 at 6:05 PM
To: Steve DelBianco <sdelbianco at netchoice.org>, "gnso-bylaws-dt at icann.org" <gnso-bylaws-dt at icann.org>
Subject: Re: [Gnso-bylaws-dt] Reports from the GNSO Bylaws Implementation Drafting Team

Steve and DT members,

Please see below the following message from James Bladel, GNSO Council Chair, on the GNSO Council list pertaining to the submission.

Kind regards,

Julie

----------- message from James Bladel ---------------

Thank you, Julie.  And please convey our appreciation to Steve and the members of the Drafting Team.

Councilors – This will be Agenda Item #5 on tomorrow’s call, so please try to review before then.

Thank you,

J.

From: Steve DelBianco <sdelbianco at netchoice.org>
Date: Wednesday, October 12, 2016 at 8:56 AM
To: Julie Hedlund <julie.hedlund at icann.org>, Marika Konings <marika.konings at icann.org>
Cc: "gnso-bylaws-dt at icann.org" <gnso-bylaws-dt at icann.org>
Subject: Reports from the GNSO Bylaws Implementation Drafting Team 

[ICANN Staff — please send this to GNSO Councilors]

Dear GNSO Councilors,

Please see the attached Bylaws Implementation Drafting Team Report and implementation plan, plus the cover note below from Steve DelBianco, Drafting Team Chair.

Kind regards,

Julie Hedlund, Policy Director

Note from Steve DelBianco:

Dear GNSO Councilors,

As you may recall, the Bylaws Drafting Team (DT) was created to provide the GNSO Council with a draft implementation plan for any necessary updates to the GNSO Operating Procedures, or possibly the Bylaws as they relate to the GNSO, arising as a result of the revised ICANN Bylaws. The Council requested that this DT submit the proposed implementation plan by 30 September (see http://gnso.icann.org/en/council/resolutions#20160630-2[gnso.icann.org] for the full Council resolution).

At the GNSO Council meeting on 29 September, I requested an additional two weeks to complete the report due to the complexity of the task as well as the short time frame.  Thank you for allowing the DT the additional two weeks to complete this very important task.

Please see the attached final report and implementation plan from the DT for GNSO Council consideration on at its meeting on 13 October.  As noted previously, this implementation plan for the Council is not intended to include specific language for new or amended rules and procedures. Drafting of these new or amended processes will therefore likely begin only after approval of the implementation plan.  The understanding is that the initial task of the DT was to identify and agree on how GNSO should handle new obligations and rights arising from the revised ICANN Bylaws.

I will be available during the GNSO Council call on the 13th to address any questions you may have concerning this implementation plan.

Best regards,

Steve DelBianco

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