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Date: | Fri, 29 Jul 2016 18:03:32 +0100 |
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Hi
Please find attached proposed draft NCSG comments on the PTI AoI.
Thanks to those who proposed comments. I have tried to account for
various views and inputs. Some of the comments might be considered
contentious.
Consider this a call for consensus.
For the person who submitted a comment on article 10 please address the
comment in the attached document on Code references - thanks.
If there are concerns/questions, etc. with this submission please come
back to the list and/or to me, Marilia or David asap.
Many thanks.
Matthew
On 27/07/2016 11:39, matthew shears wrote:
>
> Hi all
>
> Please review and add to the comments on the PTI Articles of
> Incorporation as I will be wrapping them up tomorrow (the 28th) and
> circulating for consensus.
>
> Thanks!
>
> Matthew
>
>
> On 22/07/2016 16:48, matthew shears wrote:
>>
>> Thanks Marilia.
>>
>> I have set up a google doc for comments/drafting etc.:
>>
>> https://docs.google.com/document/d/19a1YqSnQ-QFBQF1Im0cnHKMeW8RAEBChdJgp6q6wAs4/edit?usp=sharing
>>
>> I have entered some additional points on the draft PTI AoI for your
>> consideration as that is the most imminent deadline.
>>
>> Best.
>>
>> Matthew
>>
>> On 22/07/2016 09:21, Marilia Maciel wrote:
>>> Dear all,
>>>
>>> In this week's NCSG policy committee call we discussed the upcoming
>>> public comments. The most outstanding issue ahead of us is
>>> definitely the post transition IANA (PTI). There are three upcoming
>>> public comment periods related to this issue:
>>>
>>> 31/07: Draft PTI Articles of Incorporation
>>> https://www.icann.org/public-comments/draft-pti-articles-incorporation-2016-07-01-en
>>>
>>> 07/08: PTI Governance Documents
>>> https://www.icann.org/public-comments/pti-governance-documents-2016-07-08-en
>>>
>>> 11/08: Draft PTI Bylaws
>>> https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en
>>>
>>> We agreed that, in order to save time and efforts, the best approach
>>> would be to create an NCSG drafting team to work on these PTI
>>> consultations. Matthew Shears volunteered to be the facilitator, but
>>> we definitively need the inputs and experience of others in our
>>> group. Matt will guide us through the next steps. He already started
>>> the conversation about a week ago (please refer to his previous
>>> message below).
>>>
>>> Please step forward if you can assist on this important task.
>>>
>>> All the best wishes,
>>> Marilia
>>>
>>> ---------- Forwarded message ----------
>>> From: *matthew shears* <[log in to unmask] <mailto:[log in to unmask]>>
>>> Date: Thu, Jul 14, 2016 at 1:05 PM
>>> Subject: [PC-NCSG] PTI bylaws - items for possible discussion
>>> To: PC-NCSG <[log in to unmask] <mailto:[log in to unmask]>>
>>>
>>>
>>> Hi all
>>>
>>> Quickly reading through the proposed PTI by-laws (circulated to the
>>> CWG yesterday and on the ICANN website
>>> https://www.icann.org/en/system/files/files/draft-pti-bylaws-12jul16-en.pdf
>>> ) I note the following (BUT I am sure that I have missed some points
>>> worthy of discussion):
>>>
>>> 1. principal office issue (Art 2)
>>>
>>> "The principal office for the transaction of the business of the
>>> Corporation may be established at any place or places within or
>>> without the State of California by resolution of the Board.The Board
>>> may at any time establish branch or subordinate offices at any place
>>> or places where the Corporation is qualified to transact business."
>>>
>>> Q. Why would the power to determine the principal office of PTI not
>>> be subject to the same rules as for ICANN's place of business - if
>>> there is a change surely the empowered community should have a say,
>>> and not just the PTI Board (assuming Board in the article means PTI
>>> Board)? We have the EC involved significantly in the decision-tree
>>> for PTI - why not in determining its place of business as we do for
>>> ICANN itself?
>>>
>>> 2. purpose of PTI (art 3)
>>>
>>> "The specific purpose of the Corporation is to operate exclusively
>>> for the benefit of, to perform the functions of and to carry out the
>>> purposes of the Internet Corporation for Assigned Names and Numbers
>>> (“*ICANN*”)."
>>>
>>> Q. I thought that the purpose of the PTI subsidiary was to perform
>>> the IANA functions pursuant to the inter-company contract
>>> established between ICANN and PTI?
>>>
>>>
>>> 3. Removal of Director (Art 5.6.2) - isn't the first sentence in
>>> contradiction with the other three paras? it says may be removed
>>> w/out cause but then lists the causes.... May be this is just
>>> legalese....
>>>
>>>
>>> 4. Responsibilities of officers (Art 7.6.1) - role of President.
>>> Given that we are suggesting that the Chair of the Board be, as is
>>> possible, nominated to the ICANN Board by the nominating committee -
>>> do we really want the President - who will be an ICANN appointee
>>> (typically the manager of the IANA functions) - to assume the role
>>> of Chairperson in the latter's absence? Why would we not suggest
>>> that the other nominating committee appointed Director be the
>>> replacement if the Chair is absent to ensure a balance of
>>> interests/independence?
>>>
>>> These bylaws are now also up for public comment:
>>>
>>> https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en
>>>
>>> Matthew
>>> --------------
>>> Matthew Shears
>>> Global Internet Policy and Human Rights
>>> Center for Democracy & Technology (CDT)
>>> + 44 771 2472987 <tel:%2B%2044%20771%202472987>
>>>
>>>
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>>>
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>>>
>>>
>>>
>>>
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>>
>> --
>>
>> --------------
>> Matthew Shears
>> Global Internet Policy and Human Rights
>> Center for Democracy & Technology (CDT)
>> + 44 771 2472987
>
> --
>
> --------------
> Matthew Shears
> Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> + 44 771 2472987
--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
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