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.
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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Dear Co-Chairs, CCWG Members, Participants and ICANN Staff, We have just heard the great news that all chartering organizations have given approvals/indicated no opposition. This is a wonderful moment to pause to reflect on how much you have accomplished through your consistent hard work and commitment to consensus and to celebrate this great outcome. We would toast you if we were there in person, but know that we couldn’t be more pleased by this news and more proud of our role in advising you. We greatly look forward to working with you on the next steps! Holly and Rosemary and the Sidley and Adler teams HOLLY J. GREGORY Partner and Co-Chair Corporate Governance & Executive Compensation Practice Group Sidley Austin LLP 787 Seventh Avenue New York, NY 10019 +1 212 839 5853 holly.gregory@sidley.com<mailto:holly.gregory@sidley.com> www.sidley.com<http://www.sidley.com/> [http://www.sidley.com/files/upload/signatures/SA-autosig.png]<http://www.sidley.com/> SIDLEY AUSTIN LLP **************************************************************************************************** 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. ****************************************************************************************************
What a great Joy. Sonigitu Ekpe Mobile +234 805 0232 469 Office + 234 802 751 0179 "LIFE is all about love and thanksgiving" On Wed, Mar 9, 2016 at 7:25 PM, Gregory, Holly <holly.gregory@sidley.com> wrote:
Dear Co-Chairs, CCWG Members, Participants and ICANN Staff,
We have just heard the great news that all chartering organizations have given approvals/indicated no opposition. This is a wonderful moment to pause to reflect on how much you have accomplished through your consistent hard work and commitment to consensus and to celebrate this great outcome.
We would toast you if we were there in person, but know that we couldn’t be more pleased by this news and more proud of our role in advising you.
We greatly look forward to working with you on the next steps!
Holly and Rosemary and the Sidley and Adler teams
*HOLLY* *J. GREGORY* Partner and Co-Chair Corporate Governance & Executive Compensation Practice Group
*Sidley Austin LLP* 787 Seventh Avenue New York, NY 10019 +1 212 839 5853 holly.gregory@sidley.com www.sidley.com
[image: http://www.sidley.com/files/upload/signatures/SA-autosig.png] <http://www.sidley.com/> *SIDLEY AUSTIN LLP*
**************************************************************************************************** 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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+1 The earlier we can get our eyes on (individual) bylaws the better so we can make the most efficient use of the little time we have. Best, Niels On 03/09/2016 07:05 PM, Matthew Shears wrote:
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.
_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
--
Matthew Shears | Director, Global Internet Policy & Human Rights Project Center for Democracy & Technology | cdt.org E: mshears@cdt.org | T: +44.771.247.2987
CDT's Annual Dinner, Tech Prom, is April 6, 2016. Don't miss out - register at cdt.org/annual-dinner.
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participants (5)
-
Gregory, Holly -
Mathieu Weill -
Matthew Shears -
Niels ten Oever -
Sonigitu Ekpe