Thanks Mathieu

Just a thought on the process.  Is there any merit in doing this on a rolling basis, recommendation by recommendation - in others words the lawyers work on the bylaws sequentially, red-lining them, passing them through the Co-chairs and rapporteurs, and then forwarding to the CCWG to review.  Perhaps it maybe what you are outlining below, but I think it would be easier for the CCWG to review the redlined versions bylaw by bylaw - on a rolling basis - rather then as a package.  And then a final opportunity to review the whole to make sure that it sits well together and that any linkages between the recommendations are not lost, etc.

Matthew

On 3/9/2016 5:38 PM, Mathieu Weill wrote:

Hello everyone,

 

This is a brief update on the next steps for our work on drafting bylaws to implement the CCWG report. The timeline is tight. Read on to see why.

 

At our meeting on Friday we discussed the iterative approach for bylaws drafting, with the co-chairs and rapporteurs forming a first line triage team to check consistency between the draft Bylaws and the CCWG Final Report. Then the documents will be public for CCWG scrutiny and comment before being updated.

 

We didn’t have a view about timing on Friday other than that it would have to be soon. Now we have some more information on that.

 

We co-chairs were joined by rapporteurs at a dinner on Monday night which included CWG reps, Board members and ICANN staff. The purpose was to make sure the implementation process is well coordinated between the groups in the coming weeks. 

 

Larry Strickling was at the dinner, and he set out his thoughts about timeframes. An important piece of information from him was that the N.T.I.A. won’t complete its review and assessment of the proposal until the bylaws that implement them are in place (with commencement happening post-transition). 

 

NTIA has said publicly that it plans to complete its report within about 90 days of receiving the Stewardship and Accountability proposals on 10 March, presuming that the Chartering Organisations approve our proposal. That is because they wish to give the U.S. Congress a suitable period of time to consider their report before the Congress goes into recess for the summer on 15 July. 

 

Taking these two points together, it means we need to fit the following steps and *rough* dates together:

 

Friday 8 April:     CCWG finishes draft bylaws

 

then            Board approves draft bylaws for public comment

 

Friday 15 April:    Open Public Comment for bylaws 

 

Sunday 15 May:     Close Public Comment for bylaws

 

then            Follow up changes to draft Bylaws based on public comments

                   and

                   CCWG sign off of final draft bylaws

 

Tuesday 31 May:    Board approves draft bylaws

 

In our view, this timeframe is tight but manageable. 

 

We are in discussion with our external Counsel about how to progress the draft Bylaws over the next couple of weeks. They have some ideas that include intensive discussions with ICANN legal, who know the bylaws well, and will be working on the quick production of a first draft set of bylaws.

 

The Implementation Oversight Team will do a very rapid turnaround on the draft, and get it out to you asap, along with a note from our lawyers to confirm compliance with our report.  Our intention is that there is at least four days and preferably a week for review and comments for CCWG members and participants. Then the draft bylaws  will be finalised taking those comments into account, and given to the Board who we expect will rapidly put them out for public comment.

 

It’s important for us all to see this as a translation exercise: turning our Proposal into Bylaws. Because of the work we have all done, the intention of the Proposal is clear. Turning that into draft Bylaws language should be reasonably straightforward, and if there are areas of dispute and disagreement, they should be few. 

 

We will have the chance to discuss this schedule at our implementation meeting on Thursday, but we invite you to consider the draft schedule above, the realities driving it, and to discuss all this in the lead up to our meeting.

 

Best,

 

Mathieu, Thomas and Leon.

 



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