[CCWG-ACCT] New ICANN Bylaws

Sun May 29 00:43:29 UTC 2016

Alan, I think exactly the same.

Kind regards

Alberto Soto

-----Mensaje original-----
De: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] En nombre de Alan
Greenberg
Enviado el: sábado, 28 de mayo de 2016 05:12 p.m.
Para: Phil Corwin <psc at vlaw-dc.com>; Samantha Eisner
<Samantha.Eisner at icann.org>; avri doria <avri at apc.org>;
accountability-cross-community at icann.org
Asunto: Re: [CCWG-ACCT] New ICANN Bylaws

There is a lot in the new Bylaws that presumes the transition, but most is
from the CWG/ICG Proposals. There is not a lot in the Bylaws associated
directly with the CCWG that related to the transition, but there are some.
The sections on community powers and the IRP refer to PTI, for instance.

Given the time line we have been on, it would have made absolutely no sense
to devote time to creating a set of Bylaws presuming the transition, and a
separate set presuming no transition. Even if time had permitted, it would
be poor public relations to have a set of Bylaws ready and adopted presuming
the transition fails.

I have problems with some of the Bylaws adopted (as do we all, I guess), but
after nearly two grueling years of work, I am glad that we have reached this
stage.

I am willing to take the Board's statements at face value, and presume that
if the transition does fail, we will revisit these Bylaws, extract the parts
that no longer apply, and move ahead with the accountability measures.

Alan

At 27/05/2016 04:23 PM, Phil Corwin wrote:
>In regard to this -- 'The Board is committed to working with the 
>community to identify the portions of the CCWG-Accountability 
>recommendations that can be implemented in the event that it is 
>determined that ICANN's obligations to perform the IANA Functions will 
>remain under contract with NTIA." -- why wouldn't all of them be 
>implementable regardless of whether the transition occurs? That's a 
>very carefully phrased statement that does not commit the Board to 
>implementing any of them; it's just a commitment to have a dialogue 
>with the community that designed the recommendations if the transition 
>is delayed.
>
>I'm having difficulty identifying a single new accountability measure 
>that can't be implemented in the absence of the IANA transition. I am 
>not and have not advocated for a delay, but just don't see how one is 
>connected to the other so far as implementation goes (I understand the 
>political connection, of course).
>
>I hesitate to rain on the parade on what is a very important and 
>overall positive development for the ICANN community, and I'm not 
>advocating that the accountability improvements take effect before 
>October 1. But these are needed improvements on which the community 
>demonstrated strong consensus support.
>
>Regards, Philip
>
>
>
>Philip S. Corwin, Founding Principal
>Virtualaw LLC
>1155 F Street, NW
>Suite 1050
>Washington, DC 20004
>202-559-8597/Direct
>202-559-8750/Fax
>202-255-6172/Cell
>
>Twitter: @VlawDC
>
>"Luck is the residue of design" -- Branch Rickey
>
>
>-----Original Message-----
>From: 
>accountability-cross-community-bounces at icann.org
>[mailto:accountability-cross-community-bounces at icann.org]
>On Behalf Of Samantha Eisner
>Sent: Friday, May 27, 2016 3:02 PM
>To: avri doria; accountability-cross-community at icann.org
>Subject: Re: [CCWG-ACCT] New ICANN Bylaws
>
>Hi Avri,
>
>Here is the language from the Resolution on the effective date:
>
>"Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed 
>effective upon the expiration the IANA Functions Contract between ICANN 
>and NTIA.
>The Board reaffirms its Resolution
>2016.03.10.18, stating, 'The Board is committed to working with the 
>community to identify the portions of the CCWG-Accountability 
>recommendations that can be implemented in the event that it is 
>determined that ICANN's obligations to perform the IANA Functions will 
>remain under contract with NTIA.¹"
>
>
>Best regards,
>
>Sam
>
>On 5/27/16, 11:51 AM,
>"accountability-cross-community-bounces at icann.org
>  on behalf of avri doria" 
><accountability-cross-community-bounces at icann.org
>  on behalf of avri at apc.org> wrote:
>
> >Hi,
> >
> >anyone know when they go into effect?
> >
> >immediately?
> >
> >avri
> >
> >
> >On 27-May-16 14:44, Hillary Jett wrote:
> >> Original link: https://www.icann.org/news/blog/new-icann-bylaws
> >>
> >>
> >>   New ICANN Bylaws
> >>
> >> *Author: Steve Crocker*
> >>
> >> Today, on behalf of the ICANN Board, I am pleased to announce the 
> >> adoption
> >>
> >><http://www.icann.org/resources/board-material/resolutions-2016-05-2
> >>7->>en>
> >> of
> >> the new ICANN Bylaws
> >>
> >><https://www.icann.org/en/system/files/files/adopted-bylaws-27may16-
> >>en>>.pd
> >>f>,
> >> which reflect changes made as a result of the IANA Stewardship 
> >> Transition package of proposals 
> >> <https://www.icann.org/stewardship-accountability>. The new Bylaws 
> >> are the result of hundreds of hours of work by the community and 
> >> the legal teams. The Regional Internet Registries Service Level 
> >> Agreement and Internet Engineering Task Force Memorandum of 
> >> Understanding Supplemental Agreement have also been approved for 
> >> signing and will go into effect after the transition.
> >>
> >> Later today, ICANN will be transmitting the new Bylaws to the U.S.
> >> Department of Commerce¹s National Telecommunications and 
> >> Information Administration (NTIA). NTIA has previously stated that 
> >> adoption of the new Bylaws is required for them to complete their 
> >> review of the proposals, which is expected to occur in June.
> >>
> >> This is an important milestone for ICANN and the community. As we 
> >> await the release of NTIA¹s report, we continue to prepare for 
> >> implementation of the transition proposals. We thank everyone for 
> >> their continued hard work and support during this transition process.
> >>
> >> --
> >>
> >> Hillary Jett
> >> Communications Coordinator
> >> Internet Corporation for Assigned Names and Numbers (ICANN)
> >>
> >> Mobile: +1 (202) 674-3403
> >> Email: hillary.jett at icann.org
> >>
> >>
> >> _______________________________________________
> >> Accountability-Cross-Community mailing list 
> >> Accountability-Cross-Community at icann.org
> >> https://mm.icann.org/mailman/listinfo/accountability-cross-communit
> >> y
> >
> >
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