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> >> >> >> ------------------------------------------------------------------------ >> Avast logo <https://www.avast.com/antivirus> >> >> 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] <mailto:[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 > > -- > > -------------- > 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