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

[Paul M Kane]

Apologies. I may not make the call today, my UK Parliament Commissioner
role is super hectic at the moment.

Regards too all

Paul

On 14/07/16 11:19, Paul M Kane - CWG wrote:
> 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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