[bylaws-coord] CCWG-Accountability feedback on timeline

Thu Mar 10 15:36:53 UTC 2016

Dear Colleagues,

We have discussed with the CCWG-Accountability this morning and we have some 
feedback on the timeline. The group wanted to ensure that there is enough 
time to get this draft right, before putting it out for public comment. I am 
sharing this feedback in order to discuss it within our coordination group, 
before we can get back to the CCWG.

The biggest risk we see is not having the draft right for public comment, 
and not have the right review process for our full group. This creates 
quality and political risks. So, our proposal is to push back the public 
comment by five days, thus moving the finalization and Board consideration 
time post-public comment down to one week (instead of two).

Wednesday 13 April: CCWG finishes draft bylaws and Board approves draft 
bylaws for public comment

Wednesday 20 April: Open Public Comment for bylaws (we proposed 15 April to 
the CCWG)

Friday 20 May: Close Public Comment for bylaws (we proposed 15 May to the 
CCWG)

then:

Follow up changes to draft Bylaws based on public comments

CCWG sign off of final draft bylaws

Tuesday 31 May: Board approves draft bylaws

It is still tight but we think it is a more logical use of the time between 
now and 31st. And in the best case we can finalise sooner at CCWG level.

We welcome your respective feedbacks.

Best regards,

Mathieu Weill

De : bylaws-coord-bounces at icann.org [mailto:bylaws-coord-bounces at icann.org] 
De la part de Grace Abuhamad via bylaws-coord
Envoyé : jeudi 10 mars 2016 05:02
À : bylaws-coord at icann.org
Objet : [bylaws-coord] Welcome to the Bylaws Coordination Mailing List

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.

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