[CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version

Sun Apr 3 20:02:32 UTC 2016

Dear Co-Chairs,

I have had a second read on the legal team statement and like to raise a
process issue here:

<Quote>

the legal teams have not indicated yet that the current DRAFT BYLAWS fully
meets the recommendations within the Proposals

<End quote>

I believe the essence of encouraging a combination of CCWG legal and ICANN
legal is to ensure that the spirit/intent of proposal is adequately covered
in that the CCWG legal ensures the bylaw reflects the intent of the
proposal while ICANN legal ensures that the draft bylaw DID not exceed the
scope that has been defined by the proposal approved by the ICANN board for
onward forwarding to NTIA.

I don't think it's all helpful to be reviewing a document that has not be
agreed to by the DUO to accurately reflect the intent of the proposal(s).
The idea is that if such action has happened prior to the CCWG/CWG looking
at the draft then there will be less possibility of missing critical parts
of the document.

In view of this, I will strongly suggest at least 1 week between the
certification by legal team and publication for public comments. Based on
the timeline indicated, this will mean that publication for PC will happen
27th at the earliest. This is to ensure that the CCWG  and CWG looks into
the certified copy before publishing for PC. (Infact that has usually been
the approach during the proposal development as the CCWG always have time
for review before publishing)

Regards

Sent from my LG G4
Kindly excuse brevity and typos
On 3 Apr 2016 15:45, "Seun Ojedeji" <seun.ojedeji at gmail.com> wrote:

> Thanks for sharing this Mathieu, considering the signatories in the footer
> it implies that the draft document shared was prepared in conjunction with
> ICANN legal. It's really important approach and hopefully will save us lots
> of time at this stage.
>
> On another note, I will also like to add my voice (as tiny as it may be)
> to request a side by side comparison of current vs proposed bylaw changes.
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
> On 3 Apr 2016 13:17, "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:
>
>> Dear colleagues,
>>
>> In anticipation of our calls this week, please find below a note from the
>> lawyers group, the draft bylaws as well as an issue list.
>>
>> It is important to read the lawyers notes as they quite efficiently
>> describe the context and status of the work. Please review them for any
>> process related question.
>>
>> The purpose of our calls this week will be to address the issue list
>> questions (questions 1-7 & 25-34 are for the CCWG, the others for CWG).
>>
>> Should any other issue be added to the list based on your respective
>> reviews, please raise your questions on the list for transparency.
>>
>> Best regards,
>>
>> Mathieu
>> ---------------
>> Depuis mon mobile, désolé pour le style
>>
>> Début du message transféré :
>>
>> *Expéditeur:* John Jeffrey via bylaws-coord <bylaws-coord at icann.org>
>> *Date:* 3 avril 2016 13:16:28 UTC+2
>> *Destinataire:* bylaws-coord at icann.org
>> *Cc:* "Flanagan, Sharon" <sflanagan at sidley.com>, "Cc: Zagorin, Janet S."
>> <jzagorin at sidley.com>, "Hilton, Tyler" <thilton at sidley.com>, ICANN-Adler
>> <ICANN at adlercolvin.com>, "Hofheimer, Joshua T." <jhofheimer at sidley.com>,
>> "Mohan, Vivek" <vivek.mohan at sidley.com>, "Clark, Michael A." <
>> mclark at sidley.com>, "Boucher, Rick" <rboucher at sidley.com>, Sidley ICANN
>> CCWG <sidleyicannccwg at sidley.com>, "Kerry, Cameron" <ckerry at sidley.com>,
>> "McNicholas, Edward R." <emcnicholas at sidley.com>, Daniel Halloran <
>> daniel.halloran at icann.org>, Amy Stathos <amy.stathos at icann.org>,
>> "Boelter, Jessica C.K." <jboelter at sidley.com>, "Fuller, Miles" <
>> wfuller at sidley.com>, "Tam, Tennie H." <tennie.tam at sidley.com>
>> *Objet:* *[bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version*
>> *Répondre à:* John Jeffrey <john.jeffrey at icann.org>
>>
>> Dear Bylaws Coordination Group,
>>
>> Please find attached a document – DRAFT NEW ICANN BYLAWS (vers. 2Apr)
>> (“DRAFT BYLAWS”) for your review and discussion. As you will recall the
>> last full draft was provided to you on 18 March, with the promise to
>> provide another full turn of the DRAFT BYLAWS for your review today on 2
>> April.  The DRAFT BYLAWS attached is the current working draft among the
>> legal drafting group.  There is also an Issue List attached, which are a
>> set of additional questions and clarifications requested from the Bylaws
>> Coordination Group.
>>
>>  We ask that you share the attachments with your CCWG, ICG and CWG
>> colleagues who will be reviewing this during this critical work week
>>
>> *Recent Work* – During the past two weeks the legal drafting group, made
>> up of Sidley’s team, Adler’s team and ICANN's Legal team reviewed and
>> worked through mark ups and redrafts of the various sections of new ICANN
>> Bylaws.  Also, we have held four separate meetings with the Bylaws
>> Coordination Group during this two-week period asking questions and
>> incorporating that feedback into the new draft.  There is likely to be the
>> need for some additional discussions as we work toward a public comment
>> version of the new ICANN bylaws.
>>
>> *More Work to Do* – There is still work to do on the DRAFT BYLAWS, in
>> identifying and working through any remaining provisions in the draft that
>> are not clear, finding any remaining open issues, improving the provisions,
>> and polishing the draft before publication for public comment.  The legal
>> teams remain engaged in review mode and are available for questions and
>> comments during this period.
>>
>> *Legal Teams have not yet “certified”* – Since a) the Bylaws
>> Coordination Group, CWG and CCWG have not yet reviewed and reacted to these
>> DRAFT BYLAWS, b) there are still remaining open issues, and c) there is
>> still review and polishing to be done by the legal teams – the legal teams
>> have not indicated yet that the current DRAFT BYLAWS fully meets the
>> recommendations within the Proposals.
>>
>> As we have indicated above there is still work to be done, including
>> receiving the feedback from those reviewing these DRAFT BYLAWS this week
>> before the legal teams will be in a position to certify the posting version
>> for Public Comment
>>
>> *Next Steps* –
>>
>> 1)   *Now until 13 April* – members of CCWG, CWG, Bylaws Coordination
>> Group, Board and ICG to complete review of these DRAFT BYLAWS and provide
>> feedback to legal teams;
>>
>> 2)   *Now until 18 April*, (with particular focus during week of 13-18
>> April) – legal teams to update DRAFT BYLAWS working in coordination with
>> the Bylaws Drafting Group;
>>
>> 3)   *20 April* – posting date for public comment period for new
>> proposed bylaws – with legal teams supporting that the new proposed bylaws
>> meets the proposal recommendations.
>>
>> ———
>>
>> As before, we look forward to working with all of you in the coming days,
>> to get ICANN’s Bylaws in the best form possible to effectuate these
>> important changes.
>>
>> We hope these views of the documents are useful and that you receive them
>> in the spirit that they are offered… to help all of us to be able to
>> collaborate and work through these Bylaws changes in the most effective way
>> possible — to enable the creation of a new and stronger, community
>> empowered ICANN.
>>
>> John Jeffrey, Holly Gregory, and Rosemary Fei
>>
>>
>>
>> _____________________
>> ____________________
>>
>>
>>
>>
>>
>> _______________________________________________
>> bylaws-coord mailing list
>> bylaws-coord at icann.org
>> https://mm.icann.org/mailman/listinfo/bylaws-coord
>>
>>
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>>
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