[Party1] additional bylaws change for your Community Empowerment document

[Jordan Carter]

Thanks Steve, this is a helpful addition I think. Will table for our WP 1
meeting (details on that coming soon).

cheers
Jordan

On 17 February 2015 at 09:52, Steve DelBianco <sdelbianco at netchoice.org>
wrote:

>   Jordan -- while applying a stress test, we discovered a community
> empowerment measure that was in the Inventory, but wasn't yet reflected in
> your Community Empowerment document.
>
>  This item could go into the table of Community Powers for Consideration:
>
> Amend ICANN bylaws (Section XI 1j) to give due deference only to GAC
> consensus advice, and add a definition of "consensus", such as "consensus
> is understood to mean the practice of adopting decisions by general
> agreement in the absence of any formal objection."
>
>  This item was prompted by stress test #18 in Category IV, regarding GAC
> Advice:
>
>
>  18. Governments in ICANN's Government Advisory Committee (GAC) amend
> their operating procedures to change from consensus decisions to majority
> voting for advice to ICANN's board.
>
>  Consequence: Under current bylaws, ICANN must consider and respond to
> GAC advice, even if that advice were not supported by consensus. A majority
> of governments could thereby approve GAC advice that restricted free online
> expression, for example.
>
>
>  Existing Accountability Measures:
>
>  Current ICANN Bylaws (Section XI) give due deference to  GAC advice,
> including a requirement to try and find "a mutually acceptable solution."
>
> This is required for any GAC advice, not just for GAC consensus advice.
>
>  Today, GAC adopts formal advice according to its Operating Principle 47:
> "consensus is understood to mean the practice of adopting decisions by
> general agreement in the absence of any formal objection."    But the GAC
> may at any time change its procedures to use majority voting instead of
> consensus.
>
>
>   CCWG Proposed Accountability Measures:
>
>  One proposed measure is to give the community standing to veto a board
> decision.  If ICANN board acquiesced to GAC advice that was not supported
> by GAC consensus, the community veto could enable reversal of that decision.
>
>  Another proposed measure is to amend ICANN bylaws (Section XI 1j) to
> give due deference only to GAC consensus advice, and add a definition of
> "consensus".
>
>  The GAC could change its Operating Principle 47 to use majority voting
> for formal GAC advice, but ICANN bylaws would require due deference only to
> advice that had GAC consensus.
>
>
>
>
>
>   Best,
>  Steve
>   --
>  Steve DelBianco
> Executive Director
> NetChoice
> http://www.NetChoice.org <http://www.netchoice.org/> and
> http://blog.netchoice.org
> +1.703.615.6206
>
>
>


-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*To promote the Internet's benefits and uses, and protect its potential.*
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