[OFB-WG] Draft Comment on Bylaw Amendment

[Eduardo Diaz]

Alan:


I must emphasize the critical concern that incorporating URLs into the
ICANN bylaws fundamentally undermines their integrity and purpose. In this
instance, the reliance on a URL is particularly problematic. The inherent
nature of URLs allows for the content they direct to be altered at any
moment. Why include them at all if not to signify potential change?



I want to draw your attention to the URL precedence mentioned in the ICANN
bylaw 4.2(h) URL, which directs users to a page detailing the process for a
“Reconsideration Request,” including a form for submission. It guides to a
procedural aspect rather than to "…specific cases where the accountability
mechanisms shall be limited or unavailable…" As I've previously mentioned,
the fact that you can change online content means that these "specific
cases" could be added, modified, or removed without notice, thereby
affecting the stability and reliability of the ICANN bylaws.



I think instances warranting limited or unavailable accountability
mechanisms should be explicitly stated within the bylaw rather than
referenced through a mutable online source. This approach ensures the
permanence and clarity of our bylaws and safeguards against any changes
that could compromise their intended mandate.

-ed

On Thu, Mar 21, 2024 at 6:39 PM Alan Greenberg via OFB-WG <ofb-wg at icann.org>
wrote:

> I have drafted a comment on Proposed Bylaws Updates to Limit Access to
> Accountability Mechanisms.
>
> The Wiki page is https://community.icann.org/x/PoDyEg
> and the Comment Google Doc is
> https://docs.google.com/document/d/1CzW_U6nA7GSdwX5z6eu3EFn8FE-uh0Z1ZDGIgez2q7c/
> <https://docs.google.com/document/d/1CzW_U6nA7GSdwX5z6eu3EFn8FE-uh0Z1ZDGIgez2q7c/edit?usp=sharing>
> .
>
> Alan
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