TR: [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
Dear Colleagues, Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours. De : bylaws-coord-bounces@icann.org [mailto:bylaws-coord-bounces@icann.org] De la part de Gregory, Holly via bylaws-coord Envoyé : mardi 12 avril 2016 01:02 À : Bernard Turcotte; bylaws-coord@icann.org Cc : Sidley ICANN CCWG; ICANN@adlercolvin.com Objet : [bylaws-coord] Clarification of today's directions and Questions for Tomorrow We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement. For Discussion A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question: 1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in the root zone of the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations <https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.] B. You have asked us for clarification of Question 7 regarding the Interim Board. Our original question was as follows: 7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes? CCWG Response: Agreed with Option a) REQUESTED FURTHER CLARIFICATION: The Proposal, in Annex 4, Paragraph 98, provides as follows: The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board will also consult through the ICANN Community Forum before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO. Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum. Based on the CCWG response to our original Question 7, it appears that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.” 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@sidley.com <http://www.sidley.com> www.sidley.com Description : Image supprimée par l'expéditeur. SIDLEY **************************************************************************************************** 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. ****************************************************************************************************
Dear Mathieu, The co-chairs must be careful about the attempts of some people through some means succeed to include in the draft the inappropriate expansion of limited scope of CARVE-out. I think this is not an issue which we should leave at the mercy of lawyers because you said the issue was entrusted to them That statement is totally wrong CCWG never ever give full liberty to any authority TO DISTORT the text of the supplemental proposal on the ground that they are lawyers. The authenticity of the text when converted to Bylaws must be fully preserved. 2016-04-12 8:48 GMT+02:00 Mathieu Weill <mathieu.weill@afnic.fr>:
Dear Colleagues,
Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours.
*De :* bylaws-coord-bounces@icann.org [mailto: bylaws-coord-bounces@icann.org] *De la part de* Gregory, Holly via bylaws-coord *Envoyé :* mardi 12 avril 2016 01:02 *À :* Bernard Turcotte; bylaws-coord@icann.org *Cc :* Sidley ICANN CCWG; ICANN@adlercolvin.com *Objet :* [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement.
*For Discussion*
*A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i*
*The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question:*
1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in* the root zone of* the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations < https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.]
*B. You have asked us for clarification of Question 7 regarding the Interim Board.*
*Our original question was as follows:*
7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) *and* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes?
*CCWG Response: *
Agreed with Option a)
*REQUESTED FURTHER CLARIFICATION*:
The Proposal, in Annex 4, Paragraph 98, provides as follows:
The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board *will also consult through the ICANN Community Forum* before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO.
Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum.
Based on the CCWG response to our original Question 7, *it appears* *that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm *the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) *and* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.”
*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@sidley.com www.sidley.com
*[image: Description : Image supprimée par l'expéditeur. SIDLEY]*
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Dear Kavouss, We have concluded that our direction to lawyers was to be as close as possible to the wording of the report. I believe this is consistent with your concern. Best Mathieu De : Kavouss Arasteh [mailto:kavouss.arasteh@gmail.com] Envoyé : mardi 12 avril 2016 09:03 À : Mathieu Weill Cc : Accountability Cross Community Objet : Re: [CCWG-ACCT] TR: [bylaws-coord] Clarification of today's directions and Questions for Tomorrow Dear Mathieu, The co-chairs must be careful about the attempts of some people through some means succeed to include in the draft the inappropriate expansion of limited scope of CARVE-out. I think this is not an issue which we should leave at the mercy of lawyers because you said the issue was entrusted to them That statement is totally wrong CCWG never ever give full liberty to any authority TO DISTORT the text of the supplemental proposal on the ground that they are lawyers. The authenticity of the text when converted to Bylaws must be fully preserved. 2016-04-12 8:48 GMT+02:00 Mathieu Weill <mathieu.weill@afnic.fr>: Dear Colleagues, Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours. De : bylaws-coord-bounces@icann.org [mailto:bylaws-coord-bounces@icann.org] De la part de Gregory, Holly via bylaws-coord Envoyé : mardi 12 avril 2016 01:02 À : Bernard Turcotte; bylaws-coord@icann.org Cc : Sidley ICANN CCWG; ICANN@adlercolvin.com Objet : [bylaws-coord] Clarification of today's directions and Questions for Tomorrow We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement. For Discussion A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question: 1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in the root zone of the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations <https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.] B. You have asked us for clarification of Question 7 regarding the Interim Board. Our original question was as follows: 7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes? CCWG Response: Agreed with Option a) REQUESTED FURTHER CLARIFICATION: The Proposal, in Annex 4, Paragraph 98, provides as follows: The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board will also consult through the ICANN Community Forum before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO. Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum. Based on the CCWG response to our original Question 7, it appears that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.” 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 <tel:%2B1%20212%20839%205853> holly.gregory@sidley.com <http://www.sidley.com> www.sidley.com Description : Image supprimée par l'expéditeur. SIDLEY **************************************************************************************************** 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. **************************************************************************************************** _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
Dear Mathieu Tks for your kind efforts and positive reply ti my request I hope lawyers would implement that and would not be biased by some specific attempts of sone parties We will see to what extent your instructions will be practically followed. Kavousd Sent from my iPhone
On 12 Apr 2016, at 10:50, Mathieu Weill <mathieu.weill@afnic.fr> wrote:
Dear Kavouss,
We have concluded that our direction to lawyers was to be as close as possible to the wording of the report.
I believe this is consistent with your concern.
Best Mathieu
De : Kavouss Arasteh [mailto:kavouss.arasteh@gmail.com] Envoyé : mardi 12 avril 2016 09:03 À : Mathieu Weill Cc : Accountability Cross Community Objet : Re: [CCWG-ACCT] TR: [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
Dear Mathieu, The co-chairs must be careful about the attempts of some people through some means succeed to include in the draft the inappropriate expansion of limited scope of CARVE-out. I think this is not an issue which we should leave at the mercy of lawyers because you said the issue was entrusted to them That statement is totally wrong CCWG never ever give full liberty to any authority TO DISTORT the text of the supplemental proposal on the ground that they are lawyers. The authenticity of the text when converted to Bylaws must be fully preserved.
2016-04-12 8:48 GMT+02:00 Mathieu Weill <mathieu.weill@afnic.fr>: Dear Colleagues,
Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours.
De : bylaws-coord-bounces@icann.org [mailto:bylaws-coord-bounces@icann.org] De la part de Gregory, Holly via bylaws-coord Envoyé : mardi 12 avril 2016 01:02 À : Bernard Turcotte; bylaws-coord@icann.org Cc : Sidley ICANN CCWG; ICANN@adlercolvin.com Objet : [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement.
For Discussion
A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question:
1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in the root zone of the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations <https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.]
B. You have asked us for clarification of Question 7 regarding the Interim Board.
Our original question was as follows:
7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes?
CCWG Response:
Agreed with Option a)
REQUESTED FURTHER CLARIFICATION:
The Proposal, in Annex 4, Paragraph 98, provides as follows:
The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board will also consult through the ICANN Community Forum before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO.
Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum.
Based on the CCWG response to our original Question 7, it appears that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) and (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.”
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@sidley.com www.sidley.com <image001.jpg>
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I will have difficulty making today's call. On the first point, it needs to be clear - here or elsewhere - that it's within ICANN 's mission to make policy and enter into contracts regarding names beyond the top level. If taking out "in the root zone" does that, we need to do that. If it's clear elsewhere, then okay. Greg On Tuesday, April 12, 2016, Kavouss Arasteh <kavouss.arasteh@gmail.com> wrote:
Dear Mathieu Tks for your kind efforts and positive reply ti my request I hope lawyers would implement that and would not be biased by some specific attempts of sone parties We will see to what extent your instructions will be practically followed. Kavousd
Sent from my iPhone
On 12 Apr 2016, at 10:50, Mathieu Weill <mathieu.weill@afnic.fr <javascript:_e(%7B%7D,'cvml','mathieu.weill@afnic.fr');>> wrote:
Dear Kavouss,
We have concluded that our direction to lawyers was to be as close as possible to the wording of the report.
I believe this is consistent with your concern.
Best
Mathieu
*De :* Kavouss Arasteh [mailto:kavouss.arasteh@gmail.com <javascript:_e(%7B%7D,'cvml','kavouss.arasteh@gmail.com');>] *Envoyé :* mardi 12 avril 2016 09:03 *À :* Mathieu Weill *Cc :* Accountability Cross Community *Objet :* Re: [CCWG-ACCT] TR: [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
Dear Mathieu,
The co-chairs must be careful about the attempts of some people through some means succeed to include in the draft the inappropriate expansion of limited scope of CARVE-out.
I think this is not an issue which we should leave at the mercy of lawyers because you said the issue was entrusted to them
That statement is totally wrong
CCWG never ever give full liberty to any authority TO DISTORT the text of the supplemental proposal on the ground that they are lawyers.
The authenticity of the text when converted to Bylaws must be fully preserved.
2016-04-12 8:48 GMT+02:00 Mathieu Weill <mathieu.weill@afnic.fr <javascript:_e(%7B%7D,'cvml','mathieu.weill@afnic.fr');>>:
Dear Colleagues,
Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours.
*De :* bylaws-coord-bounces@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces@icann.org');> [mailto: bylaws-coord-bounces@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces@icann.org');>] *De la part de* Gregory, Holly via bylaws-coord *Envoyé :* mardi 12 avril 2016 01:02 *À :* Bernard Turcotte; bylaws-coord@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord@icann.org');> *Cc :* Sidley ICANN CCWG; ICANN@adlercolvin.com <javascript:_e(%7B%7D,'cvml','ICANN@adlercolvin.com');> *Objet :* [bylaws-coord] Clarification of today's directions and Questions for Tomorrow
We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement.
*For Discussion*
*A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i*
*The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question:*
1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in* the root zone of* the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations < https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.]
*B. You have asked us for clarification of Question 7 regarding the Interim Board.*
*Our original question was as follows:*
7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) *and* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes?
*CCWG Response: *
Agreed with Option a)
*REQUESTED FURTHER CLARIFICATION*:
The Proposal, in Annex 4, Paragraph 98, provides as follows:
The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board *will also consult through the ICANN Community Forum* before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO.
Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum.
Based on the CCWG response to our original Question 7, *it appears* *that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm *the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) *and* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.”
*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@sidley.com <javascript:_e(%7B%7D,'cvml','holly.gregory@sidley.com');> www.sidley.com
*<image001.jpg>*
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-- [image: http://hilweb1/images/signature.jpg] *Gregory S. Shatan | Partner*McCARTER & ENGLISH, LLP 245 Park Avenue, 27th Floor | New York, New York 10167 T: 212-609-6873 F: 212-416-7613 gshatan @mccarter.com | www.mccarter.com BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK EAST BRUNSWICK | PHILADELPHIA | WILMINGTON | WASHINGTON, DC
I do not think it is. It is not for ICANN to specify rules that determines, how, for example. nigelroberts.uk.com is delegated or operates. (Hypothetical example). On 12/04/16 13:04, Greg Shatan wrote:
I will have difficulty making today's call.
On the first point, it needs to be clear - here or elsewhere - that it's within ICANN 's mission to make policy and enter into contracts regarding names beyond the top level. If taking out "in the root zone" does that, we need to do that. If it's clear elsewhere, then okay.
Greg
On Tuesday, April 12, 2016, Kavouss Arasteh <kavouss.arasteh@gmail.com <mailto:kavouss.arasteh@gmail.com>> wrote:
Dear Mathieu Tks for your kind efforts and positive reply ti my request I hope lawyers would implement that and would not be biased by some specific attempts of sone parties We will see to what extent your instructions will be practically followed. Kavousd
Sent from my iPhone
On 12 Apr 2016, at 10:50, Mathieu Weill <mathieu.weill@afnic.fr <javascript:_e(%7B%7D,'cvml','mathieu.weill@afnic.fr');>> wrote:
Dear Kavouss, ____
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We have concluded that our direction to lawyers was to be as close as possible to the wording of the report. ____
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I believe this is consistent with your concern. ____
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Best____
Mathieu____
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*De :*Kavouss Arasteh [mailto:kavouss.arasteh@gmail.com <javascript:_e(%7B%7D,'cvml','kavouss.arasteh@gmail.com');>] *Envoyé :* mardi 12 avril 2016 09:03 *À :* Mathieu Weill *Cc :* Accountability Cross Community *Objet :* Re: [CCWG-ACCT] TR: [bylaws-coord] Clarification of today's directions and Questions for Tomorrow____
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Dear Mathieu,____
The co-chairs must be careful about the attempts of some people through some means succeed to include in the draft the inappropriate expansion of limited scope of CARVE-out.____
I think this is not an issue which we should leave at the mercy of lawyers because you said the issue was entrusted to them____
That statement is totally wrong____
CCWG never ever give full liberty to any authority TO DISTORT the text of the supplemental proposal on the ground that they are lawyers.____
The authenticity of the text when converted to Bylaws must be fully preserved.____
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2016-04-12 8:48 GMT+02:00 Mathieu Weill <mathieu.weill@afnic.fr <javascript:_e(%7B%7D,'cvml','mathieu.weill@afnic.fr');>>:____
Dear Colleagues, ____
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Forwarding a couple of follow up clarifications requested by our lawyers. To be discussed during our call in a few hours. ____
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*De :*bylaws-coord-bounces@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces@icann.org');> [mailto:bylaws-coord-bounces@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord-bounces@icann.org');>] *De la part de* Gregory, Holly via bylaws-coord *Envoyé :* mardi 12 avril 2016 01:02 *À :* Bernard Turcotte; bylaws-coord@icann.org <javascript:_e(%7B%7D,'cvml','bylaws-coord@icann.org');> *Cc :* Sidley ICANN CCWG; ICANN@adlercolvin.com <javascript:_e(%7B%7D,'cvml','ICANN@adlercolvin.com');> *Objet :* [bylaws-coord] Clarification of today's directions and Questions for Tomorrow____
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We eagerly await the certified instructions from today’s call. Please be sure to clarify treatment of the question regarding HR FOI Section 27.3. We understand that the Human Rights provision is to be moved from the transitional bylaws into the Core Values section, but we are unclear as to the outcome of the issues raised by Ed and David regarding enforcement. ____
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*For Discussion*____
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*A. On the call today the CCWG agreed to include in the bylaw language the phrase “the root zone of” in Article 1, Section 1.1.a.i*____
*The remaining open issue on this question is whether “root zone” needs to be defined, as highlighted in yellow below from the original question:*____
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1. The latest draft text for Article 1, Section 1.1.a.i describes ICANN’s naming mission as follows: “Coordinates the allocation and assignment of names in the Domain Name System …” This text differs from the conceptual language proposed in Annex 05 – Recommendation #5, which read as follows: “Coordinates the allocation and assignment of names in*the root zone of* the Domain Name System ….” The words “the root zone of” do not appear in the current ICANN Bylaws, which states that ICANN “Coordinates the allocation and assignment of […] Domain names” (without any qualifier or limitation to “the root zone of”). It is not true that ICANN coordinates assignment ONLY in the root zone, as such term is currently understood. ICANN’s gTLD registry and registrar agreements and policies deal substantially and primarily with issues relating to assignment of names at the second (and in some cases lower) levels of the DNS. If in the root zone is currently intended to include the second level, that should be clarified in the use of the term. For example, the UDRP, the Inter-Registrar Transfer Policy, and the Expired Registration Recovery Policy are all ICANN policies relating to second-level gTLD registrations <https://www.icann.org/resources/pages/registrars/consensus-policies-en>. Do we need to define the term “root zone” to include the second level or remove the words? [On April 5, CCWG directed us to remove the words; on April 11 this position was reversed, so now we need to know whether root zone should be defined.]____
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*B. You have asked us for clarification of Question 7 regarding the Interim Board.*____
*Our original question was as follows:*____
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7. The CCWG proposal was silent on how the Interim Board is to consult with the community to make major decisions. We have included a suggestion that the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) */and/* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action. Are these the right processes? ____
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*CCWG Response: *____
Agreed with Option a) ____
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_REQUESTED FURTHER CLARIFICATION_:____
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The Proposal, in Annex 4, Paragraph 98, provides as follows:____
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The ICANN Bylaws will state that, except in circumstances of where urgent decisions are needed to protect the security, stability and resilience of the DNS, the Interim Board will consult with the community through the SO and AC leaderships before making major decisions. Where relevant, the Interim Board *will also consult through the ICANN Community Forum* before taking any action that would mean a material change in ICANN’s strategy, policies or management, including replacement of the serving President and CEO.____
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Our original request for clarification was not intended to present a choice between two options (as was apparently misunderstood), but rather to seek the CCWG’s confirmation that the Interim Board’s consultation with SO and AC leadership would follow the same procedures as a Rejection Action, and that, similarly, the Community Forum consultation would follow the same procedures as a Rejection Action Community Forum. ____
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Based on the CCWG response to our original Question 7, *it appears* *that the CCWG wishes to modify the Proposal by eliminating the Interim Board community forum consultation requirement. Please confirm that you are giving direction for us to modify the Proposal or revise the answer above to read: “We confirm *the Interim Board shall “(a) consult with the chairs of the Supporting Organizations and Advisory Committees before making major decisions (as if such action were a Rejection Action [as defined in Annex D]) */and/* (b) consult through a community forum (in a manner consistent with the process for a Rejection Action Community Forum pursuant to Section [_] of Annex D)” prior to taking the action.”____
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*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 <tel:%2B1%20212%20839%205853> holly.gregory@sidley.com <javascript:_e(%7B%7D,'cvml','holly.gregory@sidley.com');> www.sidley.com <http://www.sidley.com>____
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*Gregory S. Shatan | Partner *McCARTER & ENGLISH, LLP
245 Park Avenue, 27th Floor | New York, New York 10167 T: 212-609-6873 <tel:212-609-6873> F: 212-416-7613 <tel:212-416-7613> gshatan @mccarter.com <mailto:gshatan%20@mccarter.com> | www.mccarter.com <http://www.mccarter.com/>
BOSTON | HARTFORD | STAMFORD | NEW YORK | NEWARK EAST BRUNSWICK | PHILADELPHIA | WILMINGTON | WASHINGTON, DC____
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participants (4)
-
Greg Shatan -
Kavouss Arasteh -
Mathieu Weill -
Nigel Roberts