[council] For Consideration and Discussion: GNSO Obligations in the Revised ICANN Bylaws

Julie Hedlund julie.hedlund at icann.org
Tue Jun 14 15:02:30 UTC 2016

Dear GNSO Councilors,


Following the discussion at the GNSO Council meeting on 12 May on the draft revised ICANN Bylaws and the IANA Transition, staff conducted a detailed review and analysis of the final revised ICANN Bylaws with respect to GNSO obligations.  This analysis, attached for your reference as a table (in Word and PDF), could provide guidance on where new GNSO operating procedures may be necessary, where it appears that existing procedures may apply, and where no action is necessary.  Please note, however, that the attached table is subject to further updates pending final checks against the Bylaws.


This analysis also could help guide a discussion at the Monday, 27 June GNSO meeting in Helsinki and for planning possible next steps.  These steps could include approval of a follow-up mechanism, such as a Drafting Team that could work with staff to fully identify all the new or additional rights and responsibilities that the GNSO has, and develop new or modified procedures (as necessary) to fully implement the revised Bylaws.


As noted in the attached analysis the revised ICANN Bylaws contain a number of new provisions that may require the GNSO Council and community to develop additional mechanisms to address certain new obligations and allow for the GNSO’s effective participation in the Empowered Community that is to be created as a result of the IANA stewardship transition, as well as to ensure continuity of GNSO processes in other matters.  In the attached table, the staff analysis grouped the obligations as follows:


1.       Obligations of the GNSO as a Decisional Participant of the Empowered Community;

2.       Engagement in the new Customer Standing Committee; and

3.       New or existing procedures relating to voting thresholds.


The details concerning how the Empowered Community exercises its powers in all the areas where these powers apply are contained in Annex D Empowered Community Mechanisms of the revised Bylaws.  This Annex provides step-by-step descriptions of these mechanisms.  Because of the complexity of Annex D, staff is conducting a separate analysis of the Annex in order to determine whether possible new GNSO procedures may apply and whether they can be grouped according to type of obligation or procedure.


We look forward to your consideration of this analysis and any assistance we can provide for the subsequent discussion, as well as for planning next steps.


Kind regards,



Julie Hedlund, Policy Director

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