[bylaws-coord] CCWG-Accountability feedback on timeline

[Bruce Tonkin]

Hello Mathieu,

I think we can work with that.   I agree that is it important to get buy-in from the CCWG on draft bylaws before we post them for public comment.

Leaving the staff and Board a week to review the public comments will then assume that the public comments we get are fairly minor.

Regards,
Bruce Tonkin


From: bylaws-coord-bounces at icann.org [mailto:bylaws-coord-bounces at icann.org] On Behalf Of Mathieu Weill via bylaws-coord
Sent: Thursday, 10 March 2016 6:37 PM
To: 'Grace Abuhamad' <grace.abuhamad at icann.org>; bylaws-coord at icann.org
Subject: [bylaws-coord] CCWG-Accountability feedback on timeline


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> [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<mailto: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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