April 2016 - Accountability-Cross-Community

Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version
by Mathieu Weill April 5, 2016

April 5, 2016

Dear colleagues, In anticipation of our calls this week, please find below a note from the lawyers group, the draft bylaws as well as an issue list. It is important to read the lawyers notes as they quite efficiently describe the context and status of the work. Please review them for any process related question. The purpose of our calls this week will be to address the issue list questions (questions 1-7 & 25-34 are for the CCWG, the others for CWG). Should any other issue be added to the list based on your respective reviews, please raise your questions on the list for transparency. Best regards, Mathieu --------------- Depuis mon mobile, désolé pour le style Début du message transféré : > Expéditeur: John Jeffrey via bylaws-coord <bylaws-coord(a)icann.org> > Date: 3 avril 2016 13:16:28 UTC+2 > Destinataire: bylaws-coord(a)icann.org > Cc: "Flanagan, Sharon" <sflanagan(a)sidley.com>, "Cc: Zagorin, Janet S." <jzagorin(a)sidley.com>, "Hilton, Tyler" <thilton(a)sidley.com>, ICANN-Adler <ICANN(a)adlercolvin.com>, "Hofheimer, Joshua T." <jhofheimer(a)sidley.com>, "Mohan, Vivek" <vivek.mohan(a)sidley.com>, "Clark, Michael A." <mclark(a)sidley.com>, "Boucher, Rick" <rboucher(a)sidley.com>, Sidley ICANN CCWG <sidleyicannccwg(a)sidley.com>, "Kerry, Cameron" <ckerry(a)sidley.com>, "McNicholas, Edward R." <emcnicholas(a)sidley.com>, Daniel Halloran <daniel.halloran(a)icann.org>, Amy Stathos <amy.stathos(a)icann.org>, "Boelter, Jessica C.K." <jboelter(a)sidley.com>, "Fuller, Miles" <wfuller(a)sidley.com>, "Tam, Tennie H." <tennie.tam(a)sidley.com> > Objet: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version > Répondre à: John Jeffrey <john.jeffrey(a)icann.org> > Dear Bylaws Coordination Group, > > Please find attached a document – DRAFT NEW ICANN BYLAWS (vers. 2Apr) (“DRAFT BYLAWS”) for your review and discussion. As you will recall the last full draft was provided to you on 18 March, with the promise to provide another full turn of the DRAFT BYLAWS for your review today on 2 April. The DRAFT BYLAWS attached is the current working draft among the legal drafting group. There is also an Issue List attached, which are a set of additional questions and clarifications requested from the Bylaws Coordination Group. > > We ask that you share the attachments with your CCWG, ICG and CWG colleagues who will be reviewing this during this critical work week > > > Recent Work – During the past two weeks the legal drafting group, made up of Sidley’s team, Adler’s team and ICANN's Legal team reviewed and worked through mark ups and redrafts of the various sections of new ICANN Bylaws. Also, we have held four separate meetings with the Bylaws Coordination Group during this two-week period asking questions and incorporating that feedback into the new draft. There is likely to be the need for some additional discussions as we work toward a public comment version of the new ICANN bylaws. > > > More Work to Do – There is still work to do on the DRAFT BYLAWS, in identifying and working through any remaining provisions in the draft that are not clear, finding any remaining open issues, improving the provisions, and polishing the draft before publication for public comment. The legal teams remain engaged in review mode and are available for questions and comments during this period. > > > Legal Teams have not yet “certified” – Since a) the Bylaws Coordination Group, CWG and CCWG have not yet reviewed and reacted to these DRAFT BYLAWS, b) there are still remaining open issues, and c) there is still review and polishing to be done by the legal teams – the legal teams have not indicated yet that the current DRAFT BYLAWS fully meets the recommendations within the Proposals. > > > As we have indicated above there is still work to be done, including receiving the feedback from those reviewing these DRAFT BYLAWS this week before the legal teams will be in a position to certify the posting version for Public Comment > > > Next Steps – > > > 1) Now until 13 April – members of CCWG, CWG, Bylaws Coordination Group, Board and ICG to complete review of these DRAFT BYLAWS and provide feedback to legal teams; > > > 2) Now until 18 April, (with particular focus during week of 13-18 April) – legal teams to update DRAFT BYLAWS working in coordination with the Bylaws Drafting Group; > > > 3) 20 April – posting date for public comment period for new proposed bylaws – with legal teams supporting that the new proposed bylaws meets the proposal recommendations. > > > ——— > > As before, we look forward to working with all of you in the coming days, to get ICANN’s Bylaws in the best form possible to effectuate these important changes. > > > We hope these views of the documents are useful and that you receive them in the spirit that they are offered… to help all of us to be able to collaborate and work through these Bylaws changes in the most effective way possible — to enable the creation of a new and stronger, community empowered ICANN. > > John Jeffrey, Holly Gregory, and Rosemary Fei > > _____________________ > ____________________ > > > > > > _______________________________________________ > bylaws-coord mailing list > bylaws-coord(a)icann.org > https://mm.icann.org/mailman/listinfo/bylaws-coord

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TR: [bylaws-coord] CCWG Proposal- ICANN Bylaws Reference Map
by Mathieu Weill April 5, 2016

April 5, 2016

Dear Colleagues, As requested by some, here is an additional document mapping our report with the proposed Bylaws. This is designed to facilitate our review, but not a reference document. Best Mathieu De : bylaws-coord-bounces(a)icann.org [mailto:bylaws-coord-bounces@icann.org] De la part de Gregory, Holly via bylaws-coord Envoyé : mardi 5 avril 2016 20:18 À : bylaws-coord(a)icann.org Cc : Sidley ICANN CCWG; ICANN(a)adlercolvin.com Objet : [bylaws-coord] CCWG Proposal- ICANN Bylaws Reference Map Dear all, Attached is a chart that maps the CCWG Proposal to the draft Bylaws, showing in which Article and Section of the Bylaws a provision is addressed. This was put together by Sidley overnight and has not been as closely reviewed as we would usually do, and it has not been reviewed by Adler. Note also that the CCWG Proposal is an extremely repetitive document. For some provisions, knowing that an issue was dealt with in more detail in an Annex, that is where we focused our limited mapping resources. For others, knowing that we had already addressed, we went into less detail. This is all a way of asking for your very kind forbearance as we undertook this on a rush basis to meet your requests. Please forward to the CCWG if you think useful along with this note. Holly HOLLY J. GREGORY Partner and Co-Chair, Global Corporate Governance & Executive Compensation Practice SIDLEY AUSTIN LLP 787 Seventh Avenue New York, NY 10019 +1 212 839 5853 holly.gregory(a)sidley.com <http://www.sidley.com> www.sidley.com Description : Image supprimée par l'expéditeur. SIDLEY From: Grapsas, Rebecca Sent: Tuesday, April 05, 2016 2:01 PM To: Gregory, Holly Subject: CCWG Proposal- ICANN Bylaws Reference Map **************************************************************************************************** This e-mail is sent by a law firm and may contain information that is privileged or confidential. If you are not the intended recipient, please delete the e-mail and any attachments and notify us immediately. ****************************************************************************************************

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Fwd: [bylaws-coord] Corrected redline
by Jordan Carter April 4, 2016

April 4, 2016

Updated Redline - as below from Rosemary Jordan ---------- Forwarded message ---------- From: Rosemary E. Fei via bylaws-coord <bylaws-coord(a)icann.org> Date: 5 April 2016 at 04:43 Subject: [bylaws-coord] Corrected redline To: "bylaws-coord(a)icann.org" <bylaws-coord(a)icann.org> Cc: Sidley ICANN CCWG <sidleyicannccwg(a)sidley.com>, ICANN-Adler < ICANN(a)adlercolvin.com> Dear All: An error in the redline in the Table of Contents (due to formatting issues in the exchange of documents between shops) was just brought to our attention; the attached version has been corrected. Our apologies. Sent from mobile Rosemary E. Fei Adler & Colvin 415/421-7555<tel:415/421-7555> (phone) rfei(a)adlercolvin.com<mailto:rfei@adlercolvin.com> www.adlercolvin.com<http://www.adlercolvin.com/>

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Fwd: [bylaws-coord] Bylaws redline
by Jordan Carter April 3, 2016

April 3, 2016

Here is the 'official' red line from the lawyers Jordan ---------- Forwarded message ---------- From: *Rosemary E. Fei via bylaws-coord* <bylaws-coord(a)icann.org> Date: Monday, 4 April 2016 Subject: [bylaws-coord] Bylaws redline To: "bylaws-coord(a)icann.org" <bylaws-coord(a)icann.org> Cc: ICANN-Adler <ICANN(a)adlercolvin.com>, Daniel Halloran < daniel.halloran(a)icann.org>, Sidley ICANN CCWG <sidleyicannccwg(a)sidley.com>, Amy Stathos <amy.stathos(a)icann.org> Attached are Word and PDF versions of redlines comparing the current bylaws as of February with the April 2 Draft bylaws submitting to the bylaws-coord group. Sent from mobile Rosemary E. Fei Adler & Colvin 415/421-7555<tel:415/421-7555> (phone) rfei(a)adlercolvin.com <javascript:;><mailto:rfei@adlercolvin.com <javascript:;>> www.adlercolvin.com<http://www.adlercolvin.com/> ____________________________ -- Jordan Carter Chief Executive, InternetNZ +64-21-442-649 | jordan(a)internetnz.net.nz Sent on the run, apologies for brevity

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CCWG - Comparison to current Bylaws
by Bernard Turcotte April 3, 2016

April 3, 2016

All, Uncertain how useful this can be but I have simply run a machine comparison (Microsoft Word Compare tool) of the current Bylaws vs the Draft Bylaws (it needs a big machine with almost 10K changes tracked). As such this is NOT an official red line of the original Bylaws vs draft but simply the results of a comparison tool and is provided AS IS. Attached in PDF. Cheers. B.

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Re: [CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version
by Sébastien Bachollet April 3, 2016

April 3, 2016

Thanks Mathieu for those documents. May I ask for the curent version of the bylaws in the same format of the proposed one¹s? (it would have been useful to have comparative document, but I am not requesting it now if it is not an already existing document). And as some will ask for, all the same documents in PDF will be useful too. All the best SeB Skills are useful but diversity is essential. Sébastien Bachollet +33 6 07 66 89 33 Blog: http://sebastien.bachollet.fr/ Mail: Sébastien Bachollet <sebastien(a)bachollet.com> De : <accountability-cross-community-bounces(a)icann.org> on behalf of Mathieu Weill <mathieu.weill(a)afnic.fr> Date : dimanche 3 avril 2016 14:16 À : CCWG Accountability <accountability-cross-community(a)icann.org> Objet : [CCWG-ACCT] Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version > Dear colleagues, > > In anticipation of our calls this week, please find below a note from the > lawyers group, the draft bylaws as well as an issue list. > > It is important to read the lawyers notes as they quite efficiently describe > the context and status of the work. Please review them for any process related > question. > > The purpose of our calls this week will be to address the issue list questions > (questions 1-7 & 25-34 are for the CCWG, the others for CWG). > > Should any other issue be added to the list based on your respective reviews, > please raise your questions on the list for transparency. > > Best regards, > > Mathieu > --------------- > Depuis mon mobile, désolé pour le style > > Début du message transféré : > >> Expéditeur: John Jeffrey via bylaws-coord <bylaws-coord(a)icann.org> >> Date: 3 avril 2016 13:16:28 UTC+2 >> Destinataire: bylaws-coord(a)icann.org >> Cc: "Flanagan, Sharon" <sflanagan(a)sidley.com>, "Cc: Zagorin, Janet S." >> <jzagorin(a)sidley.com>, "Hilton, Tyler" <thilton(a)sidley.com>, ICANN-Adler >> <ICANN(a)adlercolvin.com>, "Hofheimer, Joshua T." <jhofheimer(a)sidley.com>, >> "Mohan, Vivek" <vivek.mohan(a)sidley.com>, "Clark, Michael A." >> <mclark(a)sidley.com>, "Boucher, Rick" <rboucher(a)sidley.com>, Sidley ICANN CCWG >> <sidleyicannccwg(a)sidley.com>, "Kerry, Cameron" <ckerry(a)sidley.com>, >> "McNicholas, Edward R." <emcnicholas(a)sidley.com>, Daniel Halloran >> <daniel.halloran(a)icann.org>, Amy Stathos <amy.stathos(a)icann.org>, "Boelter, >> Jessica C.K." <jboelter(a)sidley.com>, "Fuller, Miles" <wfuller(a)sidley.com>, >> "Tam, Tennie H." <tennie.tam(a)sidley.com> >> Objet: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version >> Répondre à: John Jeffrey <john.jeffrey(a)icann.org> >> >> Dear Bylaws Coordination Group, >> Please find attached a document DRAFT NEW ICANN BYLAWS (vers. 2Apr) (³DRAFT >> BYLAWS²) for your review and discussion. As you will recall the last full >> draft was provided to you on 18 March, with the promise to provide another >> full turn of the DRAFT BYLAWS for your review today on 2 April. The DRAFT >> BYLAWS attached is the current working draft among the legal drafting group. >> There is also an Issue List attached, which are a set of additional questions >> and clarifications requested from the Bylaws Coordination Group. >> We ask that you share the attachments with your CCWG, ICG and CWG colleagues >> who will be reviewing this during this critical work week >> Recent Work During the past two weeks the legal drafting group, made up of >> Sidley¹s team, Adler¹s team and ICANN's Legal team reviewed and worked >> through mark ups and redrafts of the various sections of new ICANN Bylaws. >> Also, we have held four separate meetings with the Bylaws Coordination Group >> during this two-week period asking questions and incorporating that feedback >> into the new draft. There is likely to be the need for some additional >> discussions as we work toward a public comment version of the new ICANN >> bylaws. >> More Work to Do There is still work to do on the DRAFT BYLAWS, in >> identifying and working through any remaining provisions in the draft that >> are not clear, finding any remaining open issues, improving the provisions, >> and polishing the draft before publication for public comment. The legal >> teams remain engaged in review mode and are available for questions and >> comments during this period. >> Legal Teams have not yet ³certified² Since a) the Bylaws Coordination >> Group, CWG and CCWG have not yet reviewed and reacted to these DRAFT BYLAWS, >> b) there are still remaining open issues, and c) there is still review and >> polishing to be done by the legal teams the legal teams have not indicated >> yet that the current DRAFT BYLAWS fully meets the recommendations within the >> Proposals. >> As we have indicated above there is still work to be done, including >> receiving the feedback from those reviewing these DRAFT BYLAWS this week >> before the legal teams will be in a position to certify the posting version >> for Public Comment >> Next Steps >> 1) Now until 13 April members of CCWG, CWG, Bylaws Coordination Group, >> Board and ICG to complete review of these DRAFT BYLAWS and provide feedback >> to legal teams; >> 2) Now until 18 April, (with particular focus during week of 13-18 April) >> legal teams to update DRAFT BYLAWS working in coordination with the Bylaws >> Drafting Group; >> 3) 20 April posting date for public comment period for new proposed >> bylaws with legal teams supporting that the new proposed bylaws meets the >> proposal recommendations. >> >> As before, we look forward to working with all of you in the coming days, to >> get ICANN¹s Bylaws in the best form possible to effectuate these important >> changes. >> We hope these views of the documents are useful and that you receive them in >> the spirit that they are offered to help all of us to be able to collaborate >> and work through these Bylaws changes in the most effective way possible to >> enable the creation of a new and stronger, community empowered ICANN. >> John Jeffrey, Holly Gregory, and Rosemary Fei > >> _____________________ >> ____________________ >> >> >> >> >> >> _______________________________________________ >> bylaws-coord mailing list >> bylaws-coord(a)icann.org >> https://mm.icann.org/mailman/listinfo/bylaws-coord > _______________________________________________ Accountability-Cross-Community > mailing list Accountability-Cross-Community(a)icann.org > https://mm.icann.org/mailman/listinfo/accountability-cross-community

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Statement on Sexual Harassment at ICANN 55
by Padmini April 1, 2016

April 1, 2016

Dear all PFA my public statement in this respect. It is a repeated plea to the Board of ICANN as well as the Community to clarify the timeline as to the development of the sexual harassment policy in this regard, as well as to reaffirm a commitment towards the development of strong, continued gender sensitisation. Regards Padmini Baruah V Year, B.A.LL.B. (Hons.) NLSIU, Bangalore Centre for Internet and Society, Bangalore

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TR: Re: Implementation and Work Stream 2 role for CCWG-Accountability
by Mathieu Weill April 1, 2016

April 1, 2016

Dear Colleagues, Attached is a communication to the Chartering Organizations, sent a few minutes ago, confirming that we are proceeding with an implementation oversight role. Best Mathieu De : Mathieu Weill [mailto:weill@afnic.fr] Envoyé : vendredi 1 avril 2016 12:38 À : 'James M. Bladel'; 'Thomas Schneider''; 'Alan Greenberg'; 'Patrik Fältström'; 'Louie Lee'; oscar(a)lacnic.net; 'Katrina Sataki' Cc : 'Akram Atallah'; 'David Olive'; 'Steve Crocker'; 'Thomas Rickert'; 'gnso.secretariat(a)gnso.icann.org'; 'Tom Dale'; 'ACCT-Staff'; 'ICANN At-Large Staff'; 'Bart Boswinkel'; 'León Felipe Sánchez Ambía'; 'Jonathan Robinson'; 'Kimberly Carlson'; 'Olof Nordling'; 'Julie Hedlund'; 'Julia Charvolen'; 'Lise Fuhr'; 'Theresa Swinehart'; 'Carlos Reyes' Objet : Re: Implementation and Work Stream 2 role for CCWG-Accountability Dear Chartering Organizations, We are writing to you to follow up on our email from 6 March (available here <http://mm.icann.org/pipermail/accountability-cross-community/2016-March/0 11657.html> ), and provide an update on the Work Stream 1 implementation oversight and scoping for Work Stream 2. Hearing no objections from the Chartering Organizations, we have proceeded with an implementation oversight role to ensure that the implementation is consistent with the Work Stream 1 report. To date, this work has been focused on the drafting of Bylaws and Articles of Incorporation. There is a critical path for the Bylaws drafting, and along with the CWG-Stewardship co-Chairs, we have instructed our legal teams to work with ICANN to draft the Bylaws. It is expected that a final draft of the proposed revisions to the Bylaws would be available for CCWG review by 2 April at the latest. The CCWG has two calls scheduled to facilitate its review of the Bylaws. Following CCWG review, the Bylaws would be published for an open community-wide public comment period. It is important to remember that the overall transition schedule depends on completing this work. In order for the transition to take place by the end of the current contract between NTIA and ICANN on 30 September, ICANN must publish the Bylaws for a 30-day public comment period by 20 April, and the Board would need to approve the changes to the Bylaws by 27 May. Once the Bylaws work is complete, we will turn our focus to: · Completing the work on IRP that goes beyond the Bylaws · Finalizing the budget process in coordination with the CWG-Stewardship · Undertaking Work Stream 2 (WS2) You may have seen a call for WS2 volunteers on the ICANN website last week (available here <https://www.icann.org/news/announcement-2016-03-25-en> ). We ask that you also share this call for volunteers widely to ensure that all interested parties, including those outside of the ICANN ecosystem, are aware that they are welcome to participate in projects of WS2. It is important for our group to continue to strive for maximized diversity of our participants going forward. We would like to emphasize that the CCWG-Accountability will remain open to anyone who wishes to join, and we will welcome informed individuals with relevant implementation and operational experience to join the CCWG-Accountability in this next phase. Finally, we are conscious of the heavy workload the CCWG-Accountability has been for your appointed members, and we would like to ask once more for Chartering Organizations to re-confirm member participation, and appoint new replacement members if necessary. Thank you, Leon Sanchez, Thomas Rickert, and Mathieu Weill CCWG-Accountability Co-Chairs

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