[CCWG-ACCT] [CWG-Stewardship] [client com] ICANN Bylaws Matrix

León Felipe Sánchez Ambía leonfelipe at sanchez.mx
Wed Aug 19 12:31:49 UTC 2015


Dear Athina,

Thank you for flagging this issues. We will reach out to CWG Co-Chairs and coordinate with them to propose proper adjustments.


Best regards,


León

> El 19/08/2015, a las 4:42, Athina Fragkouli <athina.fragkouli at ripe.net> escribió:
> 
> Dear Leon, all,
> 
> Thank you for sharing the matrix with us.
> 
> I understand that this addresses merely CWG issues and that it is only a
> description of what the provisions will contain. However, as it also
> touches upon CCWG accountability topics, we would like to flag a couple
> of issues so that they are properly addressed in the actual bylaws text.
> 
> In particular:
> 
> - Section 7 - IANA Function Review.
> It should be clear that this section refers to the IANA naming function
> only.
> 
> - Section 9 - Appeal Mechanism
> As there is an exception for the ccTLDs, there should also be
> such an exception for the numbers related disputes.
> 
> Thank you very much.
> 
> Athina
> on behalf of the ASO reps
> 
> 
> On 18/08/15 21:19, León Felipe Sánchez Ambía wrote:
>> Dear all,
>> 
>> As spotted by some, there are some inaccuracies in the matrix that need
>> to be taken care of.
>> 
>> I will make sure to pass your comments to the CWG Co-Chairs so that they
>> can review them with counsel and make the corresponding corrections to
>> the document.
>> 
>> Best regards,
>> 
>> 
>> León
>> 
>>> El 14/08/2015, a las 0:47, Kavouss Arasteh <kavouss.arasteh at gmail.com
>>> <mailto:kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>>> escribió:
>>> 
>>> Dear All,
>>> It is  simple ,please replace the word" approve  by "  Reject " .
>>> Tks
>>> Kavouss
>>> 
>>> 2015-08-13 11:27 GMT+02:00 <Sabine.Meyer at bmwi.bund.de <mailto:Sabine.Meyer at bmwi.bund.de>
>>> <mailto:Sabine.Meyer at bmwi.bund.de <mailto:Sabine.Meyer at bmwi.bund.de>>>:
>>> 
>>>    Dear Julie, Martin, Greg, León,____
>>> 
>>>    Dear all, ____
>>> 
>>>    __ __
>>> 
>>>    I have a further question about the matrix kindly shared by León,
>>>    regarding its section on PTI Governance, specifically Section 1
>>>    subsection (a) (ii), i.e. “ jurisdiction of incorporation (i.e.,
>>>    to change from California to another jurisdiction)“.____
>>> 
>>>    __ __
>>> 
>>>    Have the deliberations of the CCWG whether or not a bylaw
>>>    requirement regarding location of headquarters should be a
>>>    Fundamental Bylaw (para 241 – 255 of the draft report) been taken
>>>    into account by the CWG? As I understand, the matrix refers to
>>>    changes in the ICANN bylaws so I was wondering whether it is fully
>>>    consistent with the CCWG proposal in this regard.____
>>> 
>>>    __ __
>>> 
>>>    Best regards____
>>> 
>>>    __ __
>>> 
>>>    Sabine Meyer____
>>> 
>>>    International Digital and Postal Policy, Internet Governance____
>>> 
>>>    Federal Ministry for Economic Affairs and Energy ____
>>> 
>>>    Villemombler Strasse 76, 53123 Bonn____
>>> 
>>>    GERMANY____
>>> 
>>>    Phone: +49 228 99615-2948 <tel:%2B49%20228%2099615-2948>____
>>> 
>>>    Fax: + 49 228 99615-2964 <tel:%2B%2049%20228%2099615-2964>____
>>> 
>>>    E-Mail: sabine.meyer at bmwi.bund.de <mailto:sabine.meyer at bmwi.bund.de>
>>>    <mailto:sabine.meyer at bmwi.bund.de <mailto:sabine.meyer at bmwi.bund.de>>____
>>> 
>>>    Internet: http://www.bmwi.de <http://www.bmwi.de/> <http://www.bmwi.de/ <http://www.bmwi.de/>>____
>>> 
>>>    __ __
>>> 
>>>    *Von:*cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>
>>>    <mailto:cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>>
>>>    [mailto:cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>
>>>    <mailto:cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>>] *Im Auftrag von
>>>    *Martin Boyle
>>>    *Gesendet:* Mittwoch, 12. August 2015 19:09
>>>    *An:* Greg Shatan; Julie Hammer
>>>    *Cc:* At-Large Staff; cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org>
>>>    <mailto:cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org>>; Accountability Cross Community
>>>    *Betreff:* Re: [CWG-Stewardship] [client com] ICANN Bylaws Matrix____
>>> 
>>>    __ __
>>> 
>>>    Not sure why, but I did not see Julie’s original mail.____
>>> 
>>>    __ __
>>> 
>>>    I agree with her point.  There are also other parts of this
>>>    section of the matrix that raise questions for me:____
>>> 
>>>    __ __
>>> 
>>>    __         i.            __For all of “2.  *ICANN Budget and IANA
>>>    Budget*” I think CWG should be consulted where it comes to the
>>>    IANA budget.____
>>> 
>>>    __ __
>>> 
>>>    __       ii.            __(a)  This is definitely something that
>>>    needs to be considered by the CWG.  I’m not sure about what we
>>>    mean by “approved budget.”  In my mind, PTI prepares its budget in
>>>    discussion with the OCs so there will be a general expectation
>>>    that the budget is a community-agreed budget – if it isn’t, there
>>>    would be reason for the budget to be challenged.  So
>>>    couldn’t/shouldn’t ICANN challenge the budget if there were
>>>    opposition from the community?  I like the idea of a contract
>>>    commitment (but wouldn’t that undermine a community power in ICANN
>>>    to veto the IANA budget?) subject to there being a condition in
>>>    the contract for PTI to develop its budget in consultation with
>>>    the OCs (the CSC?), given that runaway budgets in the PTI will
>>>    have a knock-on effect on how much they have to pay to ICANN!____
>>> 
>>>    __ __
>>> 
>>>    __      iii.            __I like the contract-condition approach
>>>    because the same conditions would need to be transferred to any
>>>    new operator.____
>>> 
>>>    __ __
>>> 
>>>    __     iv.            __(b)  Shouldn’t this be a requirement on
>>>    the PTI?  They are the ones with the budget and the obligations
>>>    that go with it.  This would seem to be a contract condition.____
>>> 
>>>    __ __
>>> 
>>>    __       v.            __(c)  Again a contract condition?____
>>> 
>>>    __ __
>>> 
>>>    __     vi.            __As I noted above, I agree with Julie. 
>>>    “Approval” should be part of PTI’s budget development (especially
>>>    for things like new investment, enhancing service level
>>>    expectations, new technology developments).____
>>> 
>>>    __ __
>>> 
>>>    The CSC is an entity associated with the PTI:  Is the framework
>>>    under 5 better included in the contract than in a fundamental
>>>    bylaw?  On the other hand, there will be operational issues and
>>>    decisions that would fall under the purview of the ccNSO and GNSO
>>>    (selection of members, recall of members, escalation for example)
>>>    and these will probably need bylaw changes for the ccNSO and
>>>    GNSO.  would these need to be fundamental bylaws, though?____
>>> 
>>>    __ __
>>> 
>>>    Under 6, isn’t this something for the PTI, not ICANN?  I guess it
>>>    could be a condition in the ICANN-PTI contract that the PTI
>>>    develops a problem-resolution service, but I wonder how a bylaw in
>>>    ICANN would achieve this.____
>>> 
>>>    __ __
>>> 
>>>    8.(e) talks about separation of PTI, but isn’t it the IANA
>>>    functions operation that is separated from PTI?  And if that
>>>    happens, there is no reason to do other than wind PTI up as its
>>>    assets are transferred to the new operator.____
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    *From:*cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>
>>>    <mailto:cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>>
>>>    [mailto:cwg-stewardship-bounces at icann.org <mailto:cwg-stewardship-bounces at icann.org>] *On Behalf Of *Greg Shatan
>>>    *Sent:* 12 August 2015 13:14
>>>    *To:* Julie Hammer
>>>    *Cc:* At-Large Staff; cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org>
>>>    <mailto:cwg-stewardship at icann.org <mailto:cwg-stewardship at icann.org>>; Accountability Cross Community
>>>    *Subject:* Re: [CWG-Stewardship] [client com] ICANN Bylaws Matrix____
>>> 
>>>    __ __
>>> 
>>>    Julie,____
>>> 
>>>    __ __
>>> 
>>>    I think you're right. As this was passed on to the whole CWG and
>>>    CCWG without any prior review by any subcommittees, it should be
>>>    considered subject to review and comment.____
>>> 
>>>    __ __
>>> 
>>>    Greg Shatan
>>> 
>>>    On Wednesday, August 12, 2015, Julie Hammer
>>>    <julie.hammer at bigpond.com <mailto:julie.hammer at bigpond.com> <mailto:julie.hammer at bigpond.com <mailto:julie.hammer at bigpond.com>>>
>>>    wrote:____
>>> 
>>>    Hi Leon,____
>>> 
>>>    __ __
>>> 
>>>    Many thanks for sharing this matrix.  One thing that struck me
>>>    when having a quick look through it was that Sidley have listed at
>>>    Item 2 (d) the following as Subject Matter for a new Fundamental
>>>    Bylaw:____
>>> 
>>>    "Requirement that the ICANN community approve or veto the IANA
>>>    Budget after it has been approved by the ICANN Board but before it
>>>    has come into effect." ____
>>> 
>>>    In my understanding, the proposed power was to consider and reject
>>>    (or veto) the IANA Budget, but there should be no requirement for
>>>    the ICANN Community to come together and actually approve the IANA
>>>    budget. I had not thought that the Community Mechanism was
>>>    intended to be used for such a purpose (ie approving strategic
>>>    plans, operating plans or budgets).____
>>> 
>>>    __ __
>>> 
>>>    I believe the relevant paragraph from the CCWG 2nd draft report is
>>>    para 381 on page 58:____
>>> 
>>>    __379.                     __381  Accordingly, this new power
>>>    would give the community the ability to consider strategic and
>>>    operating plans and budgets (both ICANN general and, separately,
>>>    with respect to the budget for the IANA Functions) after they are
>>>    approved by the Board (but before they come into effect) and
>>>    reject them. The rejection could be of the proposed ICANN Budget
>>>    or the IANA Budget, or of a proposed ICANN-wide strategic or
>>>    operating plan. The petition would state which Budget or plan was
>>>    being subject to veto. A separate petition is required for each
>>>    Budget or plan being challenged. ____
>>> 
>>>    Perhaps I am misunderstanding something, but I don’t think the
>>>    word ‘approve’ should appear in 2 (d) in the Sidley matrix.____
>>> 
>>>    __ __
>>> 
>>>    Cheers,  Julie____
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    On 12 Aug 2015, at 1:56 am, León Felipe Sánchez Ambía
>>>    <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>> wrote:____
>>> 
>>>    __ __
>>> 
>>>    Hi all,____
>>> 
>>>    __ __
>>> 
>>>    I am forwarding this matrix that the CWG is working on as it is of
>>>    the interest of this group as well and to help us continue shaping
>>>    our work forward.____
>>> 
>>>    __ __
>>> 
>>>    The matrix is intended to help identify those bylaws that, from
>>>    the scope of the CWG, would need to be considered fundamental.
>>>    This, of course, is independent from the work we need to do but
>>>    provides an example on what we can begin crafting ourselves.____
>>> 
>>>    __ __
>>> 
>>>    If you want to keep being in the matrix, swallow the blue pill. If
>>>    you want to work on shaping the matrix, swallow the red pill.
>>>    (geek joke)____
>>> 
>>>    __ __
>>> 
>>>    Best regards,____
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    León____
>>> 
>>>    __ __
>>> 
>>>    Inicio del mensaje reenviado:____
>>> 
>>>    __ __
>>> 
>>>    *De: *"Flanagan, Sharon" <sflanagan at sidley.com <mailto:sflanagan at sidley.com>>____
>>> 
>>>    *Asunto: [client com] ICANN Bylaws Matrix*____
>>> 
>>>    *Fecha: *11 de agosto de 2015 9:43:05 GMT-5____
>>> 
>>>    *Para: *Client Committee <cwg-client at icann.org <mailto:cwg-client at icann.org>>____
>>> 
>>>    __ __
>>> 
>>>    __ __
>>> 
>>>    Dear All,____
>>> 
>>>     ____
>>> 
>>>    Attached is a draft matrix summarizing the proposed ICANN bylaw
>>>    changes that relate to CWG’s final proposal. ____
>>> 
>>>     ____
>>> 
>>>    Could you please forward to the CWG?____
>>> 
>>>     ____
>>> 
>>>    Thanks____
>>> 
>>>     ____
>>> 
>>>    *SHARON* *FLANAGAN*
>>>    Partner____
>>> 
>>>    *Sidley Austin LLP
>>>    *555 California Street
>>>    Suite 2000
>>>    San Francisco, CA 94104
>>>    +1.415.772.1271 <tel:%2B1.415.772.1271>
>>>    sflanagan at sidley.com <mailto:sflanagan at sidley.com>
>>>    www.sidley.com <http://www.sidley.com/> <http://www.sidley.com/ <http://www.sidley.com/>>____
>>> 
>>>     ____
>>> 
>>>    __ __
>>> 
>>>     ____
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>>>    <209588099_1.pdf>____
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>>>    __ __
>>> 
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>> 
>> 
>> 
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