Matthew, Sorry, I added the text on Article 10. I tried to insert a comment identifying myself, but I guess it did not stick. I have tracked in the corrected Code reference in the attached document. I noted your question about the IANA Naming Functions Agreement at the end of the document. Is your link to the latest version? I ask because there are references to “the Governmental Advisory Committee (GAC) Principles And Guidelines For The Delegation And Administration Of Country Code Top Level Domains (“GAC ccTLD Principles”)" in Article 3.7 and in Annex A that, if I read them correctly, would require the “Contractor” [PTI] to apply the GAC ccTLD Principles as if they were the same as policies developed by the GNSO and the ccNSO. Are the GAC ccTLD Principles widely accepted as binding policy outside the GAC? Regardless, is it wise to set a precedent for accepting GAC principles as binding on the PTI in this way? Something to think about in when it goes to public comment. Thanks, Brett ________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: NCSG-Discuss [mailto:[log in to unmask]] On Behalf Of matthew shears Sent: Friday, July 29, 2016 1:04 PM To: [log in to unmask] Subject: Re: [PC-NCSG] Drafting group on PTI issues - upcoming public comments 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<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<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<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<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<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<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> ________________________________ This email has been checked for viruses by Avast antivirus software. www.avast.com <https://www.avast.com/antivirus> _______________________________________________ PC-NCSG mailing list [log in to unmask] http://mailman.ipjustice.org/listinfo/pc-ncsg<https://www.avast.com/antivirus> <https://www.avast.com/antivirus> _______________________________________________<https://www.avast.com/antivirus> PC-NCSG mailing list<https://www.avast.com/antivirus> [log in to unmask]<https://www.avast.com/antivirus> http://mailman.ipjustice.org/listinfo/pc-ncsg<https://www.avast.com/antivirus> <https://www.avast.com/antivirus> -- <https://www.avast.com/antivirus> --------------<https://www.avast.com/antivirus> Matthew Shears<https://www.avast.com/antivirus> Global Internet Policy and Human Rights<https://www.avast.com/antivirus> Center for Democracy & Technology (CDT)<https://www.avast.com/antivirus> + 44 771 2472987<https://www.avast.com/antivirus> <https://www.avast.com/antivirus> -- <https://www.avast.com/antivirus> --------------<https://www.avast.com/antivirus> Matthew Shears<https://www.avast.com/antivirus> Global Internet Policy and Human Rights<https://www.avast.com/antivirus> Center for Democracy & Technology (CDT)<https://www.avast.com/antivirus> + 44 771 2472987<https://www.avast.com/antivirus> <https://www.avast.com/antivirus> -- <https://www.avast.com/antivirus> --------------<https://www.avast.com/antivirus> Matthew Shears<https://www.avast.com/antivirus> Global Internet Policy and Human Rights<https://www.avast.com/antivirus> Center for Democracy & Technology (CDT)<https://www.avast.com/antivirus> + 44 771 2472987<https://www.avast.com/antivirus>