[CWG-Stewardship] FW: [client com] PTI Bylaws

[Paul M Kane - CWG]

Thanks Jonathan but I have major problems with the new PTI Bylaws text

PTI is a service provider to the ccTLD Registry.  The new text of Annex C is now
empowering PTI to interpret local laws for cTLDs and risks destabalising
existing registrants of current ccTLD Registries.

The new language proposed for Annex C are not acceptable IMHO they risk the
stable operation of ccTLD Registries and their ability to robustly serve their
customers.

This is a major change from the CWG proposal

Best

Paul


Quoting Jonathan Robinson <jrobinson at afilias.info>:

> All
> 
>  
> 
> Please see below for Sidley’s communication with the CWG Client Committee
> on the PTI Bylaws. 
> 
> Apologies on behalf of the Client Committee that these were not shared with
> the CWG more promptly.
> 
>  
> 
> It seems to me that there are two key issues:
> 
>  
> 
> 1.      We need to understand the landscape of open issues – we will take
> input from Sidley in the CWG meeting today on these
> 
> 2.      We need assistance from Sidley in converting the summary / map of
> those issues into structured public comment on the PTI Bylaws.
> 
>  
> 
> Thank-you,
> 
>  
> 
>  
> 
> Jonathan
> 
>  
> 
> From: Flanagan, Sharon [mailto:sflanagan at sidley.com] 
> Sent: 11 July 2016 05:29
> To: Client Committee <cwg-client at icann.org>
> Subject: [client com] PTI Bylaws
> 
>  
> 
> Dear All,
> 
>  
> 
> Update on PTI Bylaws:
> 
>  
> 
> We have been working with ICANN legal on revisions to the PTI bylaws based on
> the input we have received from CWG.  We had a call with ICANN legal on
> Friday afternoon and we circulated a revised draft of the PTI bylaws to ICANN
> legal on Saturday.  On Sunday, ICANN legal circulated a further revised draft
> (marked to show changes from the Sidley draft), which is attached.  
> 
>  
> 
> We understand that ICANN legal plans to post the draft PTI bylaws for comment
> early this week notwithstanding the fact that there are open issues in the
> draft based on the CWG input we have received to date.  ICANN legal is
> suggesting that CWG can continue to raise its comments through the public
> comment period.
> 
>  
> 
> Governance Chart:
> 
>  
> 
> ICANN legal has also circulated a chart of certain governance provisions
> included in the PTI bylaws that are not directly addressed in the CWG
> proposal.  We have annotated that chart with a column with our comments on
> those points.  While the details of the PTI bylaws were not specified in the
> CWG proposal, we believe the approach being taken by CWG in the PTI bylaws on
> these governance matters is consistent with the intent of the CWG proposal.
> 
>  
> 
> Annex C:  
> 
>  
> 
> In addition, we previously circulated a chart prepared by ICANN legal on
> their concerns with the incorporation of the Annex C provisions of the CWG
> proposal into the PTI bylaws.  We have reattached that chart for your
> reference.  The draft PTI bylaws circulated by ICANN legal do not include the
> Annex C language; instead the draft includes two paragraphs that ICANN legal
> included to address certain principles from Annex C.    
> 
>  
> 
> Next steps:
> 
>  
> 
> Please let us know if you would like to discuss any of these items or if you
> would like us to summarize/map out the open issues.  We can also be available
> to assist in the preparation of a comment letter from CWG assuming that ICANN
> posts this version of the PTI bylaws where open issues remain.
> 
>  
> 
> Kind regards,
> 
> Sharon
> 
>  
> 
>  
> 
> SHARON R. FLANAGAN
> 
> 
> SIDLEY AUSTIN LLP
> 555 California Street
> Suite 2000
> San Francisco, CA 94104
> +1 415 772 1271
>  <mailto:sflanagan at sidley.com> sflanagan at sidley.com
>  <http://www.sidley.com> www.sidley.com
> 
>   <http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png> 
> 
>  
> 
>  
> 
>
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