[ECAdmin] Error in ICANN Announcement of the start of the Rejection Action Petition Periods triggered by the Board's Budget and Operating Plan approvals on Friday,

Mon Jun 26 07:20:41 UTC 2017

Posting the Bylaw section in the announcement would certainly provide the
background and thus the clarification that I am seeking.  Thanks for this
suggestion!

Best Regards,

Stephen Deerhake

ccNSO Representative to the Empowered Community Administration

ccNSO Council Member

AS Domain Registry

GDNS, LLC

+1 212 334 3660

+1 212 656 1982 (fax)

+1 917 744 7313 (mobile)

From: John Jeffrey [mailto:john.jeffrey at icann.org] 
Sent: Sunday, June 25, 2017 12:53 PM
To: sdeerhake at nic.as
Cc: Mary Wong <mary.wong at icann.org>; katrina at nic.lv; ecadmin at icann.org;
Chris Disspain <chris at disspain.uk>; Bart Boswinkel
<bart.boswinkel at icann.org>; David Olive <david.olive at icann.org>
Subject: Re: [ECAdmin] Error in ICANN Announcement of the start of the
Rejection Action Petition Periods triggered by the Board's Budget and
Operating Plan approvals on Friday,

Perhaps we should post the Bylaw sections.  Indicating a correction was
requested by Stephen to be clear and accurate. 

Sent from my iPhone

On Jun 25, 2017, at 6:10 PM, Stephen Deerhake <sdeerhake at nic.as
<mailto:sdeerhake at nic.as> > wrote:

Greetings Mary,

The announcement reads:

Decisional Participants of the Empowered Community have 28 days to bring
forth a petition to reject any of these documents.

It's very nicely written for what it omits.  It omits the fact that a member
of a Decisional Participant SO/AC has 21 days to both submit their rejection
petition to their Decisional Participant decision-making body, and get said
decision making body to agree to sponsor. It.  It doesn't describe how the
Rejection Action Petitioning Decisional Period has only a week to (a) secure
a buy-in from another Decisional Participant so they have the required
support of Rejection Action Supporting Decisional Participant, get both
their paperwork and that of the Supporting Decisional Participant to the
Empowered Community Administration, who in turn need to notify the ICANN
Secretary.

So yes, on one level it is technically accurate.  In reality, it is much
less so, and needs to be corrected, and the correction publicized.

Best Regards,

Stephen Deerhake

ccNSO Representative to the Empowered Community Administration

ccNSO Council Member

AS Domain Registry

GDNS, LLC

+1 212 334 3660

+1 212 656 1982 (fax)

+1 917 744 7313 (mobile)

From: Mary Wong [mailto:mary.wong at icann.org] 
Sent: Sunday, June 25, 2017 11:40 AM
To: sdeerhake at nic.as <mailto:sdeerhake at nic.as> ; John Jeffrey
<john.jeffrey at icann.org <mailto:john.jeffrey at icann.org> >
Cc: katrina at nic.lv <mailto:katrina at nic.lv> ; ecadmin at icann.org
<mailto:ecadmin at icann.org> 
Subject: Re: [ECAdmin] Error in ICANN Announcement of the start of the
Rejection Action Petition Periods triggered by the Board's Budget and
Operating Plan approvals on Friday,

Dear Stephen and other members of the Empowered Community Administration,

Thank you for your message. As you noted, under Section 2.2(b) of Annex D of
the Bylaws, there is a 21-day Rejection Action Petition Period (commencing
with the delivery of the Secretary's Notice) during which time an individual
may petition a Decisional Participant seeking to initiate the Rejection
Process. Section 2.2(d) then provides that, in order for the Rejection
Process to move forward, a Decisional Participant who accepts the Rejection
Action Petition must obtain the support of at least one other Decisional
Participant. Such support must be obtained during the 7-day period that
immediately follows on the 21-day Rejection Action Petition Period. If the
Petitioning Decisional Participant is unable to obtain the requisite support
within this 7-day period, the Rejection Process is terminated automatically.

In short, the Empowered Community has a total of 28 days to bring forward a
Rejection Action Petition pursuant to the procedures described in Annex D
since, if no notice of such a petition is timely delivered, the ICANN and
IANA Budgets become effective on the 28th day following the required
notification date. This is reflected in the language in Sections 22.4 and
22.5 of the Bylaws, and is what staff was attempting to describe in the
announcement you referenced.

We are sorry if the language of the announcement caused any confusion for
you or your community groups. I hope this email helps to clarify the
situation and timeline.

Cheers

Mary

Mary Wong

Senior Policy Director & Special Adviser for Strategic Policy Planning

Internet Corporation for Assigned Names and Numbers (ICANN)

Email:  <mailto:mary.wong at icann.org> mary.wong at icann.org 

Telephone: +1-603-5744889

From: < <mailto:ecadmin-bounces at icann.org> ecadmin-bounces at icann.org> on
behalf of Stephen Deerhake < <mailto:sdeerhake at nic.as> sdeerhake at nic.as>
Organization: AS Domain Registry
Reply-To: " <mailto:sdeerhake at nic.as> sdeerhake at nic.as" <
<mailto:sdeerhake at nic.as> sdeerhake at nic.as>
Date: Sunday, June 25, 2017 at 09:01
To: John Jeffrey < <mailto:john.jeffrey at icann.org> john.jeffrey at icann.org>
Cc: " <mailto:katrina at nic.lv> katrina at nic.lv" < <mailto:katrina at nic.lv>
katrina at nic.lv>, " <mailto:ecadmin at icann.org> ecadmin at icann.org" <
<mailto:ecadmin at icann.org> ecadmin at icann.org>
Subject: [ECAdmin] Error in ICANN Announcement of the start of the Rejection
Action Petition Periods triggered by the Board's Budget and Operating Plan
approvals on Friday, 

Greetings JJ.

I note that ICANN has posted an announcement of the start of the Rejection
Action Petition Periods in response to the Board's actions at their workshop
on Friday.  The announcement I am referencing may be found at
https://www.icann.org/news/announcement-2017-06-24-en[icann.org]
<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_ann
ouncement-2D2017-2D06-2D24-2Den&d=DwMFAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJm
s7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=agD2h0nQTK2Qjm7mr
TaYLf0N-51GPJSFLwrrBOSVfqI&s=72ceH2xoWxYKnGFgN134TRh0y5zYopHJiS1rdv2apEU&e=>
.

Please note that there is an important error in the announcement that needs
correcting.  About 5 paragraphs into the announcements, ICANN States:

"Each of these documents will come into effect only after giving the
Empowered Community time to consider whether it will raise a petition
rejecting the budgets and/or operating plans. Decisional Participants of the
Empowered Community have 28 days to bring forth a petition to reject any of
these documents."

This is incorrect.  Section 2.2(b) of Annex D states:

(b) During the period beginning on the Rejection Action Board Notification
Date and ending at 11:59 p.m. (as calculated by local time at the location
of ICANN's principal office) on the date that is the 21st day after the
Rejection Action Board Notification Date (as it relates to a particular
Rejection Action, the "Rejection Action Petition Period"), subject to the
procedures and requirements developed by the applicable Decisional
Participant, an individual may submit a petition to a Decisional
Participant, seeking to reject the Rejection Action and initiate the
Rejection Process (a "Rejection Action Petition")."

Thus the Rejection Action Petition Period is 21 days rather than 28 days,
and this correction needs to be made to the announcement and brought to the
Community's attention ASAP.

Thank you.

Best Regards,

Stephen Deerhake

ccNSO Representative to the Empowered Community Administration

ccNSO Council Member

AS Domain Registry

GDNS, LLC

+1 212 334 3660

+1 212 656 1982 (fax)

+1 917 744 7313 (mobile)

sdeerhake at nic.as <mailto:sdeerhake at nic.as> 

sdeerhake at gdns.net <mailto:sdeerhake at gdns.net> 

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