[council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review

Wed Apr 12 02:14:20 UTC 2017

Hi Becky,

It seems to me that reading of the Bylaws is somewhat creative and best left to the "old" ICANN. "Shall" indicates more than best efforts, it's a requirement,  and the feasibility section would appear to be a subordinate clause. If the Board felt it was feasible and presumably desirable to have a review in under 5 years that's permitted. I just don't read this as allowing the Board to disregard the "shall" by declaring it not to be feasible. What if the Board felt it was never "feasible"? Do we then postpone Reviews indefinitely? Forever?

Regarding feasible...even if the Bylaws are read creatively I'd suggest that as long as there are volunteers to staff the reviews it is feasible to proceed as envisioned. I'm still seeing many more volunteers than Review positions available in recent calls. It might even be healthier to go deeper into our pool of volunteers than normal to increase the diversity of views represented. Staff, however, might be resource challenged and there I would suggest the Board and ICANN leadership would have a responsibility to fix that problem through adequate resourcing, not by postponing the Reviews.

Kind Regards,

Ed Morris

Sent from my iPhone

> On 11 Apr 2017, at 19:22, Burr, Becky <Becky.Burr at neustar.biz> wrote:
> 
> The Bylaws provide, with respect to SO/AC reviews: "These periodic reviews shall be conducted no less frequently than every five years, based on feasibility as determined by the Board.” This has been read in the past to permit delay – and here we are facing 10 or 11 reviews in a very compressed period.
> 
> J. Beckwith Burr 
> Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW DC 20006
> Office: +1.202.533.2932  Mobile: +1.202.352.6367
> 
> 
> From: <council-bounces at gnso.icann.org> on behalf of Michele Blacknight <michele at blacknight.com>
> Date: Tuesday, April 11, 2017 at 12:06 PM
> To: Edward Morris <egmorris1 at toast.net>, James Bladel <jbladel at godaddy.com>
> Cc: GNSO Council List <council at gnso.icann.org>
> Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review
> 
> I could be wrong (highly likely) but haven’t a couple of them been delayed in the past? I’m not sure if any have been officially “deferred” though.
>  
>  
> --
> Mr Michele Neylon
> Blacknight Solutions
> Hosting, Colocation & Domains
> http://www.blacknight.host/
> http://blacknight.blog /
> http://ceo.hosting/
> Intl. +353 (0) 59  9183072
> Direct Dial: +353 (0)59 9183090
> -------------------------------
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>  
> From: <council-bounces at gnso.icann.org> on behalf of Edward Morris <egmorris1 at toast.net>
> Date: Tuesday 11 April 2017 at 17:00
> To: James Bladel <jbladel at godaddy.com>
> Cc: GNSO Council List <council at gnso.icann.org>
> Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review
>  
> James,
>  
>  
> Personally, I wasn’t aware that these reviews could be deferred.
>  
> I don't believe they can be, which makes this proposal all the more interesting.
>  
> Section 4(1) of the ICANN Bylaws is quite clear:
>  
> "These periodic reviews shall be conducted no less frequently than every five years, based on feasibility as determined by the Board."
> 
> 
> The feasibility clause does not abrogate the responsibility for having these reviews "no less frequently than every five years".
>  
> Obviously I'm missing something the discovery of which will make me seem fairly stupid. It's that or the Board is acting beyond its remit which would be a less than fantastic start to ICANN's new found independent existence. 
>  
> Best,
>  
> Ed
>  
> Thanks—
>  
> J.
>  
>  
> From: <soac-infoalert-bounces at icann.org> on behalf of David Olive <david.olive at icann.org>
> Date: Tuesday, April 11, 2017 at 0:31 
> Subject: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review
>  
>  
> 
> News Alert
> 
> https://www.icann.org/news/announcement-2017-04-06-en
> 
> Deferral of Country Code Names Supporting Organization Review
> 6 April 2017
> 
> Open Date:
> 6 April 2017
> Close Date:
> 19 May 2017
> Originating Organization:
> Multi Stakeholder Strategy and Strategic Initiatives
> Categories/Tags:
> Reviews/Improvements
> Brief Overview:
> The ccNSO Review, scheduled to start in August 2017, is proposed to be deferred by 12 months, in response to community concerns about bandwidth.
> 
> As per ICANN's Bylaws, Article 4, Section 4.4 (a), organizational reviews, such as the ccNSO Review, 'shall be conducted no less frequently than every five years, based on feasibility as determined by the Board.'
> 
> The Final Report of the previous ccNSO Review was submitted to the Board on 4 March 2011. Following an initial deferral, due to the IANA Transition, the ICANN Board, based on explicit feedback from the ccNSO Chair, proposes to defer the upcoming ccNSO Review until August 2018.
> 
> The ccNSO will use the time until the start of the next ccNSO Review to conduct an evaluation of the implementation status of the recommendations that arose from the previous Review.
> 
> Link:
> https://www.icann.org/public-comments/ccnso-review-deferral-2017-04-06-en
>  
> 
>  
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