[IOT] Some IRP comments treatment for Frist Reading

Malcolm Hutty malcolm at linx.net
Thu May 18 13:30:29 UTC 2017


On 18/05/2017 04:39, Greg Shatan wrote:
>
> I suppose one compromise could be a single 10-year term.  Thoughts?
>


On 18/05/2017 13:20, McAuley, David via IOT wrote:
> As to 10-year terms, I think that would require amending bylaw
> 4.3(j)(iii) which says, in part: “Appointments to the Standing Panel
> shall be made for a fixed term of five years with no removal except for …”  
> 
> As for Mike’s question, some background. The CCWG Work Stream One final
> report said, in part (Annex 07, paragraph 42): “To ensure independence,
> term limits should apply (five years, no renewal) ….”
> 
> The words “no renewal” did not make it into the bylaws and so now we are
> wrestling with this.

Given the CCWG Final Report, the lack of mention of "no renewal" in the
Bylaws appears to be simply an oversight by the legal team tasked with
implementing the Report (and by all of us, as we all had the opportunity
to comment before the bylaws were adopted).

Recalling the enormous complexity of the implementation task, I think we
can be grateful to the legal team that such oversights are so rare.

Nonetheless, it falls to us to see if we can recover the situation.

Firstly, if the bylaws allowed it I would be happy with Greg's proposed
solution of a single 10-year term.

Since the bylaws do not appear to allow it, I would like to suggest a
five year term, *automatically* renewed for a second five years term if
the panellist should apply for renewal, and not renewable any further.

Making it automatic would remove the ability for ICANN (or the SOs*) to
give or withhold their approval depending on whether they liked the
decisions the panellist arrived at.

Malcolm

[*] Remember, the IRP is not only supposed to be independent of ICANN
Inc., it is also supposed to be independent of the SOs. As a protection
for individual persons (legal and natural), the IRP protects against
overreach supported by the SOs as well as that of which they disapprove.

-- 
            Malcolm Hutty | tel: +44 20 7645 3523
   Head of Public Affairs | Read the LINX Public Affairs blog
 London Internet Exchange | http://publicaffairs.linx.net/

                 London Internet Exchange Ltd
           Monument Place, 24 Monument Street London EC3R 8AJ

         Company Registered in England No. 3137929
       Trinity Court, Trinity Street, Peterborough PE1 1DA


More information about the IOT mailing list