[ECAdmin] Secretary's Notice to Empowered Community

[Stephen Deerhake @ ASNIC]

Greetings Samantha,

With all due respect (and do not take this personally), on behalf of the Empowered Community Administration, the Rejection Action Board Notices submitted by the ICANN Corporate Secretary with respect to the recently adopted Board Bylaw changes to Article 12, Section 12.2(b) (SSAC) and Article 12, Section 12.2(c) (RSSAC) are not acceptable to the Empowered Community Administration, and thus the “Notice” is not in effect at this time, as you state otherwise.

If you persist in this timing, I believe you will open a rupture between the Empowered Community and ICANN that might prove most unfortunate.

The Empowered Community Administration is not ready to “start the clock” (so to speak) with regards to these two Rejection Action Board Notices until ICANN org manages to submit to the Empowered Community Administration proper notification of the Board’s changes regarding Article 12, Section 12.(b) and Article 12, Section 12.2(c).

This is not the first time that the Empowered Community has received defective notices from ICANN org; but please be advised, going forward, we will not overlook any deficiencies, just as we have not in this instance.


Best Regards,
Stephen Deerhake
ccNSO Representative to the Empowered Community Administration


From: Samantha Eisner <Samantha.Eisner at icann.org>
Date: Friday, September 13, 2019 at 23:48
To: Stephen Deerhake <stephen at deerhake.as>
Cc: John Jeffrey <john.jeffrey at icann.org>, "ecadmin at icann.org" <ecadmin at icann.org>
Subject: Re: [ECAdmin] Secretary's Notice to Empowered Community

As the section of the letter that discussed the Empowered Community’s next steps is not a required part of the Notice, the Notice remains in effects and we will issue a clarification on the timing on the next business day. Thank you.
Sent from my iPhone

On Sep 13, 2019, at 5:26 PM, Stephen Deerhake <stephen at deerhake.as<mailto:stephen at deerhake.as>> wrote:
Dear Mr. Jeffrey,

On behalf of the Empowered Community Administration, I regret to inform you that your correspondence announcing the Board’s change to Article 12, Section 12.2(b) (SSAC) and Article 12, Section 12.2(c) (RSSAC) is defective and cannot be accepted by the Empowered Community Administration.

Your correspondence regarding the Board’s change to Article 18, Section 18.7(b)  (Composition of IFR Teams) appears to be in order, and is accepted by the Empowered Community Administration and will be appropriately distributed.

The Empowered Community Administration’s reason for rejecting your correspondence regarding the Board’s action with regards to Article 12, Section 12.2(b) and Article 12, Section 12.2(c) is as follows:

In both instances, your correspondence states that “Within the Standard Bylaws Amendment Process, the Empowered Community now has the opportunity to consider, within 30 days of this Board Notice, whether it will deliver a Rejection Action Petition Notice.”

This is inconsistent with what the Bylaws (Annex D, Section 2.2(b)) state:

“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…”

Whilst the Empowered Community Administration appreciates your offer for an additional 9 days to consider these Bylaw amendments, we do note that said offer is inconsistent with the Bylaws, and thus we will have to decline your offer.

Can you please provide the Empowered Community Administration, at your earliest convenience, corrected correspondence regarding the Board’s recent action regarding Article 12, Section 12.2(b) and Article 12, Section 12.2(c)?  Separate correspondence for each Board action is appreciated.



On behalf of the Empowered Community Administration,

Stephen Deerhake
ccNSO Representative to the Empowered Community Administration




From: ECAdmin <ecadmin-bounces at icann.org<mailto:ecadmin-bounces at icann.org>> on behalf of John Jeffrey <john.jeffrey at icann.org<mailto:john.jeffrey at icann.org>>
Date: Friday, September 13, 2019 at 19:16
To: "ecadmin at icann.org<mailto:ecadmin at icann.org>" <ecadmin at icann.org<mailto:ecadmin at icann.org>>, "chair at nro.net<mailto:chair at nro.net>" <chair at nro.net<mailto:chair at nro.net>>, Maureen Hilyard <maureen.hilyard at gmail.com<mailto:maureen.hilyard at gmail.com>>, "katrina at nic.lv<mailto:katrina at nic.lv>" <katrina at nic.lv<mailto:katrina at nic.lv>>, "Drazek, Keith" <kdrazek at verisign.com<mailto:kdrazek at verisign.com>>, Manal Ismail <manal at tra.gov.eg<mailto:manal at tra.gov.eg>>
Cc: Goran Marby <goran.marby at icann.org<mailto:goran.marby at icann.org>>, Cherine Chalaby <cherine.chalaby at board.icann.org<mailto:cherine.chalaby at board.icann.org>>
Subject: [ECAdmin] Secretary's Notice to Empowered Community

Dear EC Administration and Decisional Participants,

Attached you will find three Board notices of approval of Bylaws amendments from the Board’s 8 September 2019 meeting.  For ease of tracking the two Empowered Community Rejection Actions and one Empowered Community Approval Action triggered by these Board decisions, I am providing you with separate notices for each.



John Jeffrey
General Counsel & Secretary, ICANN
12025 Waterfront Drive, Suite 300
Los Angeles, California  90094-2536
direct dial - +1.310.301.5834
mobile - +1.310.404.6001
JJ at ICANN.org<mailto:JJ at ICANN.org>




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