[bylaws-coord] Welcome to the Bylaws Coordination Mailing List

Thu Mar 10 05:02:10 UTC 2016

Dear all, 

The mailing list is now active. To help with moving the conversation to this mailing list, I’ve included the Monday evening notes in the body of this email (below). 

Best, 
Grace

Attendance – 

  CCWG-ACCT  (7)   CWG-IANA  (4)   ICANN Board (8)   NTIA (2)   ICANN Staff (7)   
  Becky Burr Jordan Carter Steve DelBianco Cheryl Langdon-Orr Thomas Rickert Leon Sanchez Mathieu Weill   Lise Fuhr Jonathan Robinson Greg Shatan Maarten Simon   Rinalia Abdul-Rahim Cherine Chalaby Steve Crocker Ron Da Silva Chris Disspain Erika Mann Mike Silber Bruce Tonkin   Fiona Alexander Larry Strickling     Grace Abuhamad Akram Atallah Samantha Eisner John Jeffrey Göran Marby Trang Nguyen Theresa Swinehart  

Purpose –

As the Board prepares to approve the proposals (to allow the IANA Stewardship Transition to proceed), the next important step is to finalize the bylaws with the community, have them out for public comment, and provided to NTIA in time for their consideration before finalizing their review of the proposals. 

Critical Path Overview –

Larry Strickling provided an overview of the key dates for the next phase. The NTIA-IANA Functions Contract expires in September. NTIA needs 90 days to complete its review, so that means the NTIA would complete its review in June. NTIA approval of the proposals in June will allow the U.S. Congress to have sufficient time to review before it begins its seven-week recess on 15 July.

Why is there pressure on the timeline for the bylaws? A delay in the bylaws process will result in a delay of NTIA’s approval process, which in turn could leave Congress without sufficient time to complete their review before their mid-July recess. Congress may have to resume its review when it returns in September, which would likely result in an extension of the contract. 

·     10 March – Board approves ICG and CCWG-Accountability Proposals

·     10 April – 10 May – Public Comment period on bylaws changes

·     13 - 15 May – ICANN Board meets and could approve the bylaws changes. Since this may be too tight depending on changes / outcome of the public comment period, it may be necessary for the Board to approve later. 

·     1 June – Latest possible date for Board to approve bylaws changes and provide them to NTIA. 

·     10 June – NTIA issues its report.

·     15 July – Congress goes on recess. 

·     15 August – ICANN report on implementation is due. In its report, ICANN needs to confirm that the structure for the IANA Stewardship Transition has been set up (including, but not limited to, creating the CSC, establishing PTI, and finalizing the SLAs with the operational communities). This is the latest date by which NTIA and ICANN could arrange an extension of the NTIA-IANA Functions Contract if needed.

·     30 September – Current expiration date of the NTIA-IANA Functions Contract

Work process agreements – 

The goal is for all parties to sign-off on the bylaws as the reflection of the community requirements. However, the group acknowledged that the challenge for ICANN would be balancing a big group of readers and a small group of drafters. They agreed to the following rules of engagement: 

·     Bylaws drafting will be a joint effort (will include the bylaws changes for the CWG-Stewardship and CCWG-Accountability). 

·     To meet the timeline, the group will work on a rolling / modular basis for the release of drafts (similar to ‘agile’ project management concept). 

o  These modules are likely to be better organized by section of the bylaws rather than CCWG-Accountability recommendation, but this will depend on the interdependencies being noted accordingly. 

o  The modules /drafts will be presented within the community groups for rapid iteration and feedback before the global public comment. 

o  There will be one global public comment on the entire text. 

o  Some modules will be harder than others (such as the Mission). There will be a need to prioritize the harder issues to accommodate the timeline. 

·     ICANN will support the process and commits to noting where conversation is needed on certain issues, as opposed to only advocating for a specific path forward. If there are questions about interpretation of the text, ICANN will reach out to the group leadership (present here) for quick response. ICANN can deliver the first (rough) draft of the bylaws. 

·     Sidley and Adler will play a certification role as external counsel. While they are not as familiar with the ICANN governing documents, they are the “community’s counsel” and will serve to ensure trust. 

·     After the first draft, there is discussion of a potential face-to-face meeting for the legal teams to work in joint drafting (not negotiation). 

·     All will remain fully transparent to guarantee legitimacy of the process. 

Next steps – 

The Co-Chairs will instruct Sidley/Adler on next steps. Once the proposals are passed, the Board will give instruction to ICANN to begin implementation (within limits under existing NTIA-IANA Functions Contract). ICANN will send the first draft of the bylaws to Sidley/Adler within 10 days. After review, Sidley/Adler will send the next draft to the community. 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://mm.icann.org/mailman/private/bylaws-coord/attachments/20160310/079b8cc6/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Bylaws Drafting Meeting - Monday 7 March.pdf
Type: application/pdf
Size: 43888 bytes
Desc: not available
URL: <https://mm.icann.org/mailman/private/bylaws-coord/attachments/20160310/079b8cc6/BylawsDraftingMeeting-Monday7March-0001.pdf>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: smime.p7s
Type: application/pkcs7-signature
Size: 5128 bytes
Desc: not available
URL: <https://mm.icann.org/mailman/private/bylaws-coord/attachments/20160310/079b8cc6/smime-0001.p7s>