I have no idea how to square the Board's resolution with its previous oral commitments to the CCWG. At Marrakesh, a member of the Commercial Stakeholder Group asked the board to confirm that Even in the event that there were some political problem with the transition, it is your intention that we will have implemented the bylaws changes. That the accountability reforms are done and that we will have implemented the other aspects and that political impediment to the transition will not prevent the implementation of those bylaws reforms. ICANN board member Bruce Tonkin answered on behalf of the board: So the only caveat in that case is if the NTIA wished to continue its agreement, we would just need to make sure that any changes were not in conflict with that agreement, which really doesnt involve much in the way of any of the accountability work that youve been involved in. ICANN board member Cherine Chalaby added: So Id like to add to what Bruce is saying. Basically on the accountability reforms, I think the train has left the station and the reasons for that is the community has come to an agreement. I mean, if the community did not come to an agreement, it would be a different thing. So I think they are good accountability measures and were committed to go forward with it, even if there are political positions and such. So subject to some of the caveats that Bruce has done, were all in support of that. Video and initial transcript available at ICANN Public Meetings, Joint Meeting of the ICANN Board & the Commercial Stakeholders | Adobe Connect: Full [EN], March 8, 2016, https://meetings.icann.org/en/marrakech55/schedule/tue-board-csg/ac-board-cs g-08mar16-en (accessed March 15, 2016). Saying "we are committed to going forward except with conflicting provisions" and saying "we are committed to working with the community to identify what goes forward" are two different things, I think. More to the point, since the only aspect that would not go forward if the NTIA contract were retained would be the PTI/IANA piece, there is no reason that I can see why all the rest of the accountability -- EC/IRP/Revised Mission Statement/RIR improvements etc. could not proceed. I would have thought the Board resolution would have reflected that determination affirmatively instead of the hesitancy that it does. Paul Paul Rosenzweig paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com My PGP Key -----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Phil Corwin Sent: Friday, May 27, 2016 4:24 PM To: Samantha Eisner <Samantha.Eisner@icann.org>; avri doria <avri@apc.org>; accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] New ICANN Bylaws In regard to this -- 'The Board is committed to working with the community to identify the portions of the CCWG-Accountability recommendations that can be implemented in the event that it is determined that ICANN's obligations to perform the IANA Functions will remain under contract with NTIA." -- why wouldn't all of them be implementable regardless of whether the transition occurs? That's a very carefully phrased statement that does not commit the Board to implementing any of them; it's just a commitment to have a dialogue with the community that designed the recommendations if the transition is delayed. I'm having difficulty identifying a single new accountability measure that can't be implemented in the absence of the IANA transition. I am not and have not advocated for a delay, but just don't see how one is connected to the other so far as implementation goes (I understand the political connection, of course). I hesitate to rain on the parade on what is a very important and overall positive development for the ICANN community, and I'm not advocating that the accountability improvements take effect before October 1. But these are needed improvements on which the community demonstrated strong consensus support. Regards, Philip Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey -----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Samantha Eisner Sent: Friday, May 27, 2016 3:02 PM To: avri doria; accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] New ICANN Bylaws Hi Avri, Here is the language from the Resolution on the effective date: "Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective upon the expiration the IANA Functions Contract between ICANN and NTIA. The Board reaffirms its Resolution 2016.03.10.18, stating, 'The Board is committed to working with the community to identify the portions of the CCWG-Accountability recommendations that can be implemented in the event that it is determined that ICANN's obligations to perform the IANA Functions will remain under contract with NTIA.¹" Best regards, Sam On 5/27/16, 11:51 AM, "accountability-cross-community-bounces@icann.org on behalf of avri doria" <accountability-cross-community-bounces@icann.org on behalf of avri@apc.org> wrote:
Hi,
anyone know when they go into effect?
immediately?
avri
On 27-May-16 14:44, Hillary Jett wrote:
Original link: https://www.icann.org/news/blog/new-icann-bylaws
New ICANN Bylaws
*Author: Steve Crocker*
Today, on behalf of the ICANN Board, I am pleased to announce the adoption
<http://www.icann.org/resources/board-material/resolutions-2016-05-27- en> of the new ICANN Bylaws
<https://www.icann.org/en/system/files/files/adopted-bylaws-27may16-en .pd f>, which reflect changes made as a result of the IANA Stewardship Transition package of proposals <https://www.icann.org/stewardship-accountability>. The new Bylaws are the result of hundreds of hours of work by the community and the legal teams. The Regional Internet Registries Service Level Agreement and Internet Engineering Task Force Memorandum of Understanding Supplemental Agreement have also been approved for signing and will go into effect after the transition.
Later today, ICANN will be transmitting the new Bylaws to the U.S. Department of Commerce¹s National Telecommunications and Information Administration (NTIA). NTIA has previously stated that adoption of the new Bylaws is required for them to complete their review of the proposals, which is expected to occur in June.
This is an important milestone for ICANN and the community. As we await the release of NTIA¹s report, we continue to prepare for implementation of the transition proposals. We thank everyone for their continued hard work and support during this transition process.
--
Hillary Jett Communications Coordinator Internet Corporation for Assigned Names and Numbers (ICANN)
Mobile: +1 (202) 674-3403 Email: hillary.jett@icann.org
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