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] <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 -- -------------- Matthew Shears Global Internet Policy and Human Rights Center for Democracy & Technology (CDT) + 44 771 2472987