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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> -- 
>
> --------------
> 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