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
07/08: PTI Governance Documents
11/08: Draft PTI Bylaws
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]>
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
_______________________________________________
PC-NCSG mailing list
[log in to unmask]
http://mailman.ipjustice.org/listinfo/pc-ncsg
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
| |
This email has been checked for viruses by Avast
antivirus software. |
_______________________________________________
PC-NCSG mailing list
[log in to unmask]
http://mailman.ipjustice.org/listinfo/pc-ncsg
_______________________________________________ PC-NCSG mailing list [log in to unmask] http://mailman.ipjustice.org/listinfo/pc-ncsg