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

Dr. Tatiana Tropina t.tropina at mpicc.de
Tue Apr 26 17:32:02 UTC 2016


I would even say, that it is bylaw text that doesn't follow the report
(and misinterprets the intent of the report), so the bylaw text shall be
fixed.
No changes in the report are implied in this case.
Tanks again, Greg and Robin!
Cheers
Tanya

On 26/04/16 19:28, Robin Gross wrote:
> I agree with Greg.  This is a clarification in the text that does not
> change the report in any way.
>
> Thanks,
> Robin
>
>> On Apr 26, 2016, at 10:22 AM, Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> wrote:
>>
>> I've replied to this point on the original thread.  In short, my
>> proposal does not change the report.  If anything, the current
>> proposed bylaws text changes the report by implying that a higher
>> level of approval for the FOI was intended, when that was not the
>> intent of the group or the proposal.
>>
>> Greg
>>
>> On Tue, Apr 26, 2016 at 12:10 PM, Seun Ojedeji
>> <seun.ojedeji at gmail.com <mailto:seun.ojedeji at gmail.com>> wrote:
>>
>>     Hi Andrew,
>>
>>     Hopefully part of my message is not quoted to imply I support
>>     changing the report(it's rather to raise the obvious implication
>>     of opening up an already submitted report). However, just to
>>     remove any doubt, It's a +1 from me on what you have said as well.
>>
>>     Cheers!
>>
>>     Sent from my LG G4
>>     Kindly excuse brevity and typos
>>
>>     On 26 Apr 2016 14:35, "Andrew Sullivan" <ajs at anvilwalrusden.com
>>     <mailto:ajs at anvilwalrusden.com>> wrote:
>>
>>         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 <mailto:ajs at anvilwalrusden.com>
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