[CCWG-ACCT] Timeline for WS1 Bylaws

Matthew Shears mshears at cdt.org
Wed Mar 9 18:05:06 UTC 2016

Thanks Mathieu

Just a thought on the process.  Is there any merit in doing this on a 
rolling basis, recommendation by recommendation - in others words the 
lawyers work on the bylaws sequentially, red-lining them, passing them 
through the Co-chairs and rapporteurs, and then forwarding to the CCWG 
to review.  Perhaps it maybe what you are outlining below, but I think 
it would be easier for the CCWG to review the redlined versions bylaw by 
bylaw - on a rolling basis - rather then as a package.  And then a final 
opportunity to review the whole to make sure that it sits well together 
and that any linkages between the recommendations are not lost, etc.


On 3/9/2016 5:38 PM, Mathieu Weill wrote:
> Hello everyone,
> This is a brief update on the next steps for our work on drafting 
> bylaws to implement the CCWG report. The timeline is tight. Read on to 
> see why.
> At our meeting on Friday we discussed the iterative approach for 
> bylaws drafting, with the co-chairs and rapporteurs forming a first 
> line triage team to check consistency between the draft Bylaws and the 
> CCWG Final Report. Then the documents will be public for CCWG scrutiny 
> and comment before being updated.
> We didn’t have a view about timing on Friday other than that it would 
> have to be soon. Now we have some more information on that.
> We co-chairs were joined by rapporteurs at a dinner on Monday night 
> which included CWG reps, Board members and ICANN staff. The purpose 
> was to make sure the implementation process is well coordinated 
> between the groups in the coming weeks.
> Larry Strickling was at the dinner, and he set out his thoughts about 
> timeframes. An important piece of information from him was that the 
> N.T.I.A. won’t complete its review and assessment of the proposal 
> until the bylaws that implement them are in place (with commencement 
> happening post-transition).
> NTIA has said publicly that it plans to complete its report within 
> about 90 days of receiving the Stewardship and Accountability 
> proposals on 10 March, presuming that the Chartering Organisations 
> approve our proposal. That is because they wish to give the U.S. 
> Congress a suitable period of time to consider their report before the 
> Congress goes into recess for the summer on 15 July.
> Taking these two points together, it means we need to fit the 
> following steps and *rough* dates together:
> Friday 8 April:     CCWG finishes draft bylaws
> then            Board approves draft bylaws for public comment
> Friday 15 April:    Open Public Comment for bylaws
> Sunday 15 May:     Close Public Comment for bylaws
> then            Follow up changes to draft Bylaws based on public comments
>                    and
>                    CCWG sign off of final draft bylaws
> Tuesday 31 May:    Board approves draft bylaws
> In our view, this timeframe is tight but manageable.
> We are in discussion with our external Counsel about how to progress 
> the draft Bylaws over the next couple of weeks. They have some ideas 
> that include intensive discussions with ICANN legal, who know the 
> bylaws well, and will be working on the quick production of a first 
> draft set of bylaws.
> The Implementation Oversight Team will do a very rapid turnaround on 
> the draft, and get it out to you asap, along with a note from our 
> lawyers to confirm compliance with our report.  Our intention is that 
> there is at least four days and preferably a week for review and 
> comments for CCWG members and participants. Then the draft bylaws 
>  will be finalised taking those comments into account, and given to 
> the Board who we expect will rapidly put them out for public comment.
> It’s important for us all to see this as a translation exercise: 
> turning our Proposal into Bylaws. Because of the work we have all 
> done, the intention of the Proposal is clear. Turning that into draft 
> Bylaws language should be reasonably straightforward, and if there are 
> areas of dispute and disagreement, they should be few.
> We will have the chance to discuss this schedule at our implementation 
> meeting on Thursday, but we invite you to consider the draft schedule 
> above, the realities driving it, and to discuss all this in the lead 
> up to our meeting.
> Best,
> Mathieu, Thomas and Leon.
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Matthew Shears | Director, Global Internet Policy & Human Rights Project
Center for Democracy & Technology | cdt.org
E: mshears at cdt.org | T: +44.771.247.2987

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