Hi Pedro,

IPC's is still forming their position on the Bylaws amendment issue. See
below:

*Greg and Council:*

* The IPC is still deciding on the bylaw amendment issue.  *

* With respect to ATRT 4, the IPC supports a deferral.  *



*Thanks*,

In terms of arguments FOR broadening the scope of the Bylaws change from
other communities, I personally haven't heard any except for those offered
by the Board.

Warmly,
Tomslin



On Fri, 22 Mar 2024 at 23:06, Pedro de Perdigão Lana <
[log in to unmask]> wrote:

> Hi,
>
> Manju, I couldn't find the IPC position in the previous messages - could
> you tell us what they are saying? In addition, does any SG/C already
> present an argument for amending the bylaws to make them "more flexible" in
> this topic? If yes, what was this argument? (sorry if this was already
> discussed here or in the wrap-up council meeting, I can't remember what was
> debated on this topic)
>
> This seems like a very sensitive issue, considering accountability
> mechanisms have, by their nature, a crucial anti-circumstantial-majorities
> finality - and the risk this represents to non-commercial also seems
> substantially larger than to other SG/Cs.
>
> Cordially,
>
> *Pedro de Perdigão Lana*
> Lawyer <https://www.sistemafiep.org.br/>, GEDAI/UFPR
> <https://www.gedai.com.br/> Researcher
> PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
> Board Member @ CC Brasil <https://br.creativecommons.net/>, ISOC BR
> <https://isoc.org.br/> and IODA <https://ioda.org.br/>
> This message is restricted to the sender and recipient(s). If received by
> mistake, please reply informing it.
>
>
> Em sex., 22 de mar. de 2024 às 01:40, 陳曼茹 Manju Chen <[log in to unmask]>
> escreveu:
>
>> Hi NCSG,
>>
>> I'd like to bring this to your attention and welcome opinions on NCSG's
>> position.
>>
>> I'm sure you all remember the Board passing the resolution in ICANN78
>> regarding Auction Proceeds, which is now known as the Grant Program. In its
>> resolution, the Board attempted to contract around the fundamental
>> accountability mechanisms found in the ICANN bylaws despite its approval of
>> the CCWG on Auction Proceeds' recommendations to amend the Bylaw years ago.
>>
>> The resolution faced backlash from the community, after which the Board
>> put forward the proposal of a broadening amendment of the Bylaw. This
>> proposal is currently seeking public comment at
>> https://www.icann.org/en/public-comment/proceeding/proposed-bylaws-updates-to-limit-access-to-accountability-mechanisms-27-02-2024
>> .
>>
>> The GNSO Council discussed in ICANN79 whether to submit a Council
>> response to this public proceeding. It was agreed to first understand each
>> SG/Cs position and see if the positions are unified before deciding whether
>> to submit the Council response. As you can see from below, both RrSG and
>> IPC have shared their positions.
>>
>> *Action Item for NCSG*:
>>
>> Formulate an NCSG position and see if we want to join a GNSO-wide
>> responseby 26 March.
>>
>>
>> Best,
>> Manju
>>
>>
>> ---------- Forwarded message ---------
>> From: DiBiase, Gregory via council <[log in to unmask]>
>> Date: Fri, Mar 22, 2024 at 5:33 AM
>> Subject: [council] Reminder: Open Items from ICANN 79
>> To: [log in to unmask] <[log in to unmask]>
>>
>>
>> Dear Councilors,
>>
>> This is a follow up on the below email.
>>
>> *RE: the public comment on the bylaw amendment:*
>>
>> Leadership has not received feedback on any SG/C position. However, I can
>> share the tentative RrSG position: the RrSG does not support broadening the
>> original scope of the bylaws amendment beyond that contemplated in
>> recommendation 7 of the CCWG AP (i.e. limiting removal of the
>> accountability mechanisms just for the auction grant program). Among other
>> things, the RrSG is concerned that this broadened scope vests undue power
>> in CCWGs to disallow accountability mechanisms going forward by removing
>> the community safeguard afforded by following a formal bylaws amendment.
>>
>> Given that Council would need a unified position to submit a public
>> comment, I invite councilors to indicate whether their SG’s position may
>> align with the RrSG’s position. Please provide feedback by 26 March to
>> leave time to draft a comment. If not, I encourage SG’s to submit their own
>> public comments (Council's role as a member of the Empowered Community is
>> not strictly relevant at this stage -- a response is not strictly necessary
>> now)
>>
>> *RE: ATRT4*
>>
>> Please note any objections to supporting a deferral of ATRT4. If there
>> are none, a short letter will be sent by Council Leadership supporting a
>> deferral at EOD 22 March.
>>
>>
>>
>> Thanks,
>>
>> Greg
>>
>>
>>
>>
>>
>> *From:* DiBiase, Gregory
>> *Sent:* Thursday, March 14, 2024 7:02 AM
>> *To:* [log in to unmask]
>> *Subject:* Open Items from ICANN 79
>>
>>
>>
>> Dear Councilors,
>>
>> We are sending this “open items” email because several items require
>> attention before our next scheduled meeting on April 18. Please see the
>> action items listed below each issue.
>>
>> *CCWG Auction Proceeds; Public Comment on Bylaw Amendment*
>>
>> Deadline: 15 April 2024
>>
>> Material:
>> https://www.icann.org/en/public-comment/proceeding/proposed-bylaws-updates-to-limit-access-to-accountability-mechanisms-27-02-2024
>>
>> Action Item: Designate Councilor to solicit feedback from your SG on
>> whether they support the proposed amendment and help draft public comment
>> from Council. We plan to submit a comment if we can reach a unified a
>> position.
>>
>> *ATRT 4*
>>
>> Deadline: 22 March 2024
>>
>> Material: (letter from Theresa attached)
>>
>> Summary: Given the number of items still in progress from ATRT3 (pilot
>> holistic review, CCOICI, actual holistic review), ICANN is asking for
>> feedback on whether ARTRT 4 can be deferred.
>>
>> Action Item: Consult with your SGs to determine if there are any
>> objections to supporting a deferral of ATRT4. If there are none, I think a
>> relatively short letter can be sent by Council Leadership supporting a
>> deferral.
>>
>> *Small Team Guidelines*
>>
>> Deadline: 18 April Council Meeting (but deadline can be moved if more
>> discussion is warranted)
>>
>> Material:
>> https://docs.google.com/document/d/1j5vDURSuz65R1gZxgxLKsK9H5cI_ux0YixAP9XhSgXg/edit
>>
>> Action Item: Review document and make any comments (please submit
>> feedback in comment form so edits are easier to manage). We plan to submit
>> a motion to adopt at April’s Council meeting.
>>
>> *GAC Liaison Guidelines*
>>
>> Deadline: 18 April Council Meeting (but deadline can be moved if more
>> discussion is warranted)
>>
>> Material:
>>
>> Action Item: Review document and make any comments (please submit
>> feedback in comment form so edits are easier to manage). We plan to submit
>> a motion to adopt at the April’s meeting but recognize more discussion may
>> be needed.
>>
>> *Proposed Amendment to Recommendation 7*
>>
>> Deadline: May 17 (after our April meeting), but we are including here
>> because it is related (in subject matter) to the proposed bylaw amendment
>> referenced above.
>>
>> Material: (letter from Tripti attached)
>>
>> Action Item: Consult with your SGs to determine if there are objections
>> to the proposed revision of recommendation 7. We can discuss at our April
>> meeting and prepare a response before the 17 May deadline.
>>
>>
>>
>> Thanks,
>>
>> Greg
>>
>>
>> _______________________________________________
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>>
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