[CCWG-ACCT] CCWG report stability and implementation (was Re: inconsistency in bylaws spotted)

[Paul Rosenzweig]

After I typed my note and sent it, I saw this from Andrew who, as usual,
expressed it better than I could have done.

+1 Andrew
P

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
www.redbranchconsulting.com
My PGP Key

-----Original Message-----
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Andrew Sullivan
Sent: Tuesday, April 26, 2016 9:35 AM
To: accountability-cross-community at icann.org
Subject: [CCWG-ACCT] CCWG report stability and implementation (was Re:
inconsistency in bylaws spotted)

On Tue, Apr 26, 2016 at 12:29:30PM +0100, Seun Ojedeji wrote:
> if there is consensus (based on CCWG charter) to change the report 
> that was already submitted in the manner proposed then i am fine with it
as well.

I am under the impression that, regardless of its consensus,
CCWG-Accountability can't change the report.  The report's been shipped off.
It's the report that people are evaluating, not the state of CCWG consensus
at any given time.

This is why I have expressed, in some cases strongly, rather serious
reservations about the way "implementation" has proceeded such that some
things the CCWG said may be being adjusted.  Most serious, in my opinion, is
the continued inclusion of 1.1(d) in the draft bylaws.
1.1(d)(ii) includes references to documents that aren't written and can't
possibly be evaluated.  It even includes a reference to an agreement between
ICANN and an entity that does not yet exist and that might not be named as
it is named in these draft bylaws.  The idea that one can evaluate such a
bylaw is, quite frankly, stupefying.  Yet the inclusion of this provision
means that the to-be-written contract (or under (F) any renewal thereof) can
include any provision at all, and it won't be subject to challenge.

The CCWG can't change its report now, and it must ensure that the bylaws
actually conform with the report as it is written.  If this creates facts
that people are unhappy with, well, that's what amendment procedures are
for.  We'll get to see whether the Empowered Community actually can work as
a community.

Best regards,

A

--
Andrew Sullivan
ajs at anvilwalrusden.com
_______________________________________________
Accountability-Cross-Community mailing list
Accountability-Cross-Community at icann.org
https://mm.icann.org/mailman/listinfo/accountability-cross-community