[GTLD-WG] [CPWG] [registration-issues-wg] Draft comment on the Fundamental Bylaw change.

Roberto Gaetano roberto_gaetano at hotmail.com
Thu Jul 25 17:22:27 UTC 2019


Evan,
I have some sympathy for your argumentation, but am nevertheless in favour of the proposed formulation for a few reasons that I will try to detail below.
I think that ICANN has won the ccNSO battle. If we go back a few years, there was a substantial objection to join the ccNSO, even by major ccTLDs, with the argument that they did not need ICANN, substantiated by the fact that their existence and relationship with IANA predates ICANN, and things were working properly even before. Now more and more ccTLDs are joining the ccNSO and I would argue that there is no longer an organised objection to the ccNSO itself.
About the change from the current formulation to the proposed one, I observe that we move from the obligation to have a non-ccNSO participant to the recommendation not to exclude them in the choice of the three representatives. This, IMHO, will bring to a situation in which most of the times the representatives will be ccNSO members, because they are the ones that are more aware of what is going on and more willing to devote time and resources to a volunteer job, but leaves the door open to the possibility that, in case we have some interested folks among the non-ccNSO ccTLD managers, one of them could get the position. I am sure that the ccNSO itself will make sure that the majority of the representatives are ccNSO members.

This said, we still have not solved the other issue: if it is recognised that a service is provided to the ccTLD community, why is the financial participation left to voluntary contributions? But I am not saying this loud because I know that it will (re-)open a big can of worms.

Cheers,
Roberto

On 25.07.2019, at 07:35, Evan Leibovitch <evan at telly.org<mailto:evan at telly.org>> wrote:

I understand the problem to be solved but don't like the wording of the replacement.

Why should non-ccNSO-member ccTLD managers even be eligible?

There is precious little incentive for ccTLD registries to have anything to do with ICANN. Eligibility for selection here ought to be part of such incentive.

They should just change "Two" to "Three" in 18.7(a) and drop 18.7(b) entirely. No other rewording is needed.

- Evan


On Wed, 24 Jul 2019 at 18:18, Alan Greenberg <alan.greenberg at mcgill.ca<mailto:alan.greenberg at mcgill.ca>> wrote:
I was asked to draft the comment for the ALAC's response to the
Public Comment on the Fundamental Bylaw Change
(https://community.icann.org/pages/viewpage.action?pageId=111384218).

The Public Comment closes this Friday at 23:59 UTC. (about 50 hours from now)

===================================

The ALAC supported the current version of the ICANN Bylaws Section
18.7(a) and 18.7(b), but understands that it has now proven to be
difficult to implement.

The ALAC agrees that the proposed change preserves the intent of the
original Fundamental Bylaw and supports the change.

Subject to any new information being brought to the ALAC's attention,
the current intention is that the ALAC will support this Fundamental
Bylaw change when it is present to the Empowered Community.

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--
Evan Leibovitch, Toronto Canada
@evanleibovitch or @el56
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