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Subject:
From:
Brenden Kuerbis <[log in to unmask]>
Reply To:
Brenden Kuerbis <[log in to unmask]>
Date:
Fri, 29 Jul 2016 14:19:47 -0400
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Thanks for pulling this together Matt. I'm just an observer here, but I
support.

-- B

---------------------------------------
Brenden Kuerbis
Internet Governance Project
http://internetgovernance.org

On Fri, Jul 29, 2016 at 1:03 PM, matthew shears <[log in to unmask]> wrote:

> 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]>
> 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]>
>
>
> 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
>
>
>
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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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