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

[Greg Shatan]

I might be missing something, but I never thought that the Annex C text
("Principles and Criteria that Should Underpin Decisions on the Transition
of NTIA Stewardship for Names Functions") was supposed to be made a part of
the PTI Bylaws, or any other governance document.  That also does not
appear to be what Sidley is proposing either.  Rather Annex C is supposed
to be a benchmark or checklist for our work, including the implementation
of our work.  That is how Sidley is using Annex C, as far as I can tell.
Since Annex C was finalized and agreed by the CWG, it would seem to be an
appropriate use of the document, and that any deviation from the agreed
concepts of Annex C would require significant deliberation by the CWG.

Am i missing something?

Greg

On Thu, Jul 14, 2016 at 10:04 AM, Paul M Kane <Paul.Kane at icb.co.uk> wrote:

> 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>
> >>
> >>
> >>
> >>
> >>
> >>
> >
> ****************************************************************************************************
> >> This e-mail is sent by a law firm and may contain information that is
> >> privileged or confidential.
> >> If you are not the intended recipient, please delete the e-mail and any
> >> attachments and notify us
> >> immediately.
> >>
> >>
> >
> ****************************************************************************************************
> >>
> >>
> >
> >
> >
> >
> >
> > _______________________________________________
> > CWG-Stewardship mailing list
> > CWG-Stewardship at icann.org
> > https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >
> >
> >
> _______________________________________________
> CWG-Stewardship mailing list
> CWG-Stewardship at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160714/1ed682f9/attachment.html>