[WP1] WP1 Work to Do - Now to July - Please Read

Steve DelBianco sdelbianco at netchoice.org
Sat Jul 4 00:47:39 UTC 2015


Kavouss — I am always attentive to your notes of caution.   But in the proposal to bring AoC Reviews into ICANN bylaws, there is no mention of voting thresholds.

Can you please clarify how your concerns relate to the AoC reviews?

Sincerely,
Steve

From: Kavouss Arasteh
Date: Friday, July 3, 2015 at 5:13 PM
To: Jordan Carter, Thomas Rickert, Mathieu Weill, León Felipe Sánchez Ambía, Steve DelBianco
Cc: "wp1 at icann.org<mailto:wp1 at icann.org>"
Subject: Re: [WP1] WP1 Work to Do - Now to July - Please Read

Dear All,
Dear Steve
In transferring AoC to Bylaws, we should be vaery careful to associate lower threshold 50% +1 to all functional and operational provisions ,in particular, the seat of ICANN should have the lowest threshold for modification.
There were considerable concerns if it would be associated with higher threshold
We should think of the  rapid evolution and avoid rigidity.
Pls be carefull.
Regards
Kavouss

2015-07-03 9:32 GMT+02:00 Kavouss Arasteh <kavouss.arasteh at gmail.com<mailto:kavouss.arasteh at gmail.com>>:

Dear Jordan

Thank you very much for your guidelines

Among the issue you have mentioned that

quote

"Not on this list is the Model itself (empowered designators, empowered SO/AC) - my understanding is that the lawyers are being asked to develop material on this, and that it will be central to our meeting in Paris"

In this regard I wish to emphasize that the lawyers are not working for themselves they are responding to the community requirement as discussed, announced, emphasized and confirmed at BA

NO PUSH FOR ANY SPECIFIC MODEL.IS<http://MODEL.IS> EXPECTED FROM THEM.

In fact I do not clearly know what the task before them is

If they want to study the famous so-called «Hybrid Model" until the objectives of this model is not discussed at the level of CCWG and not WP1 it seems that study is premature.

Please  be mindful of the costs involved

When I proposed a proper course of action and raised some basic questions I was not allowed to further explain the matter.

You told that my comments related to substance and not process.

Before we start process we need to discuss substance.

I am of the view that for Budget and Plan we do not need to go beyond asking reconsideration, except for budget for PTI that was requested by CWG to be put on rejection procedure

Please reconsider the matter before going further

If we drop these two, the empowerment of «Designators" or” SOs and ACs" becomes much simpler

We need to learn from what we have heard

I know that few people pushing for full member model .These people are the only persons actively contributing to WP1 thus they will override the comments received from community and views from the few others who also actively participating at WP1 but are in minority

We do not need to think of the worst cases .There is no perfection

IN any process there is a threshold of perfection .Never one can get 100% of perfection .That would be complex. expensive and un implementable

Lawyers receiving their orders from their Customer and not the reverse

There are other lawyers than those purely dealing with California Laws

Their advice MUST be totally consistent with and in complying with comments received and views expressed by the majority

AoC currently in force is the agreement between USG and ICANN .Not all of its provisions need to be retained or goes to Bylaws. Some of them are purely operational and need frequent changes to comply with the evolution of the Internet. They should be either put into separate document labelled " other operational and functional principles " or if they moved to Bylaws should have the lowest threshold ,i.e. "Simple Majority». An example of that is the SEAT OF ICANN.

We need to be mindful that not everybody wants a high threshold to modify the Seat.

Durations of the terms of the directors are another example.

Election procedure is the third examples.

Many of these provisions were written a decade ago

I said what should have been said by A PARTICIPANT

We need to reconsider the guidelines given above
Regards

Kavouss a Participant to CCWG


2015-07-03 1:38 GMT+02:00 Avri Doria <avri at acm.org<mailto:avri at acm.org>>:
Hi,

I always thought those guys had better sense than I do.

avri


On 02-Jul-15 18:46, Jordan Carter wrote:
> Thank you Avri
>
> A worrying silence beyond you!
>
> Keith D? Jonathan Z? Fiona? Others?
>
> best
> Jordan
>
>
> On 2 July 2015 at 15:38, Avri Doria <avri at acm.org<mailto:avri at acm.org>
> <mailto:avri at acm.org<mailto:avri at acm.org>>> wrote:
>
>
>
>     On 01-Jul-15 23:29, Jordan Carter wrote:
>     > Affirmation of Commitments - inclusion of AOC reviews in bylaws
>     > Affirmation of Commitments - other matters (what happens to AOC,
>     etc)
>
>     I am willing to work on this.
>
>     Also some of the comments discussed the need to include more details
>     that would not go into the bylaws themselves, e.g issues about how
>     many
>     people from which group.  Is it enough to indicate the need to
>     such work
>     or does that work need to be , at least, sketched out?
>
>     avri
>
>
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> --
> Jordan Carter
>
> Chief Executive
> *InternetNZ*
>
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>
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