[CCWG-ACCT] New ICANN Bylaws

avri doria avri at acm.org
Sun May 29 17:59:05 UTC 2016


Hi,

I guess I don't agree with the reasoning expressed in this in this
discussion.

I understand that some of the issues are already in implementation, and
am on a couple of the teams working on them.  And of course those things
can't be implemented until they are ready.  But that is normally the
case after bylaws changes, the changes take time to implement, and some
of the implementation is sometimes gated by other events. In a complex
bylaw change, it might take a while for all of the implementation and
deployment to be complete.  I understood that.

I did not suggest or ever fantasize about two different sets of bylaws,
one that could be implemented immediately and one that had to wait. That
would have been absurd and I do not understand how someone came up with
that interpretation.

What I did expect was that implementation work would begin with the
decision, with those things that could be implemented in the near future
being deployed when ready, and those things that needed more
implementation preparation or that were gated by some exogenous factor,
being deployed when they were ready.  Of course some would not be ready
until NTIA's decision was made or even after.  But that is not the
prevailing blocking issue for most.  Whereas what we have is ongoing
implementation work, with those things that may be ready, being shelved
before deployment as they are all gated by NTIA's decision or some
future community/Board process in the event that NTIA is unable to
decide in the transition's favor..

But I now also understand how wrong my understanding of the Board's
actual plan was. 

I am not going to argue about this, i think it is unfortunate, but 1
step forward 1/2 step back is the way this dance often goes, and I
should just dance with the rest of the happy parade for the half step
progress.

(with apologies to Eberhard) Yippee, the Board agreed with the outcome
of the community's CCWG hard work! 

Moving on:

And I do appreciate the Board's intent to act in the spirit of the new
bylaws in the meantime, even though I must say, I am not sure I
understand what that means. For example:

- what version of the mission, commitments and core values will be the
operation view for ICANN

- will the community have a say in the approval of the new articles
beyond the normal comment period contributions?

- will any of the accountability changes , such as ombudsman role or
wider scope in reconsideration be applicable?

- what time tables are we on for the AOC type reviews? Are we
negotiating the switch over to bylaws with NTIA, I suppose that has to
be gated on their decisions.  Are any of these review that do start now
under the old AOC rules or the new rules?  Will they be able to switch
rules once the bylaws are deployed?

- while the new procedures for the IRP are not set, is the CEP affected?
How does any of this affect decsion that various IRP panels are
currently working on?  how about new IRP panels whse operation will span
the change in Bylaws.

Also, how do we start WS2 work if we do not know which of the WS1
changes will be implemented, should NTIA decide against transition?  I
suppose we can just muddle (or is that stumble) along, but these are the
practical issues that are concerning me this morning.  I am sure I and
others will think of more. 

We have the new bylaws, but we don't, I do not understand how we proceed
in so many areas.

avri




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