May 2016 - council - lists.icann.org

FW: Memo for the GNSO re T/T bundling
by Marika Konings 26 May '16

26 May '16

Dear All, On behalf of Brian Aitchison, please find attached a memo to provide you with an update on the status of discussions on the potential bundling of the T & T recommendations with the Thick WHOIS implementation. Best regards, Marika Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org <mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses <http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy- efforts.htm#newcomers> .

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For your review - Final Report of IAG review of existing ICANN Procedure for Handling Whois Conflicts with Privacy Laws
by Marika Konings 26 May '16

26 May '16

Dear All, On behalf of Jamie Hedlund, please find attached the Final Report of the Implementation Advisory Group (IAG) review of the ICANN Procedure for handling Whois conflicts with privacy law. The IAG recommends a modification to the existing Whois Conflicts Procedure. The modification would allow a party to trigger the procedure by obtaining a written statement from the government agency charged with enforcing its data privacy laws indicating that a particular Whois obligation conflicts with national law and then submitting that statement to ICANN. A redlined version of the Procedure incorporating this change can be found in Appendix 1. Please take specific note of the expected next steps: 'The GNSO Council is now expected to review the IAG Final Report and confirm whether or not it supports to modification of the Procedure as proposed. Consistent with the IAG¹s Mission and Scope, the proposed change modifies the Procedure but does not affect the underlying policy recommendations¹. Best regards, Marika Marika Konings Senior Policy Director & Team Leader for the GNSO, Internet Corporation for Assigned Names and Numbers (ICANN) Email: marika.konings(a)icann.org <mailto:marika.konings@icann.org> Follow the GNSO via Twitter @ICANN_GNSO Find out more about the GNSO by taking our interactive courses <http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer pages <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy- efforts.htm#newcomers> .

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Webinar for Councilors on Red Cross/IGO protections
by Mary Wong 26 May '16

26 May '16

Dear all, Following consultations with the GNSO Council chairs, staff has agreed to conduct a webinar for the Council on the background, status and potential next steps for the Red Cross and IGO protections issue. We are planning to schedule this for one hour, on Thursday 2 June at 1500 UTC. Please let us know as soon as possible if you have objections to this time and date. The webinar will of course be recorded so that if you are not able to make it to the live session, you will still be able to listen to the recording and view the slides used. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org Telephone: +1-603-5744889

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Update on Helsinki Scheduling
by Austin, Donna 26 May '16

26 May '16

All James, Heather, Marika, Glen and I met earlier in the week to go over some planning for Helsinki, review the agenda and consider requests for rooms that Glen received from your respective SGs and Cs. The Helsinki venue is smaller than what we're used to in that there are not as many rooms available for meetings, so we had some challenges in trying to accommodate all requests, but we do think we have been able to accommodate all requests. Glen and I will be speaking with Tanzie from the meetings team in the next day or so to confirm that our suggestions can be accommodated. I know that some are feeling a little restless about the unknowns associated with the Helsinki meeting, but hopefully we will have more concrete information for you early next week. Proposed times for Council meetings: Monday from 9.30am through to midday. This will include a one hour meeting with the ICANN Board. (This will be a very compressed version of the Council's weekend sessions) Meeting with the GAC on Wednesday meeting from 9.30 to 10.30am Prep session for Council Meeting Wednesday 6.30 to 8.00pm Formal Council Meeting 10.45 to 12.30pm on Thursday, followed by a wrap up session from 1.30pm to 3.00pm The current version of the draft agenda is available at: https://community.icann.org/display/ccmeetschedplan/Meeting+Schedule+Planni… However, I would note that this is still a work in progress and we will be requesting some changes as a result of the planning meeting we had earlier this week. Marika and her team are preparing information about the different Cross Community Discussion sessions to provide folks with an understanding of the intent of the sessions etc. Because we're moving away from what we know, this has taken much longer to pull all threads together and of course we also have to deal with the unforeseen elements as they arise, but I wanted to let people know that progress is being made. Thanks for your patience. Donna

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Re: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board
by James M. Bladel 25 May '16

25 May '16

Thanks Donna and Phil for contributing your thoughts to this thread. I agree with Phil (and the Red Cross) that the legal issues underlying these topics are distinctly different, and we should -not– include or reference the report from the advisors to the Curative Rights PDP. However, both the RC and IGO/INGO issues were unanimously approved as part of the same PDP by our predecessors in 2013, and both are on hold pending further action for the Board. As a result, I don’t think we, as a Council are linking them, and it’s appropriate for us to include them together in the same letter. Thanks - J. From: <owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org>> on behalf of "Austin, Donna" <Donna.Austin(a)neustar.biz<mailto:Donna.Austin@neustar.biz>> Date: Tuesday, May 24, 2016 at 13:07 To: Phil Corwin <psc(a)vlaw-dc.com<mailto:psc@vlaw-dc.com>>, Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>>, GNSO Council List <council(a)gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board Hi Phil The RySG does not dispute the legal basis for RC protections; however, we are very concerned that if the RC and IGO acronym issues are decoupled it may take even longer to resolve the IGO acronym issue. The Council is not causing the delay in resolving any of these outstanding issues—that delay is the result of the Board, or the NGPC, not making any progress on this issue in the last two or so years. My preference is to send the letter as drafted and decide on next steps after we have received a response from the Board. I also have some reservations about the manner in which the RC is lobbying the Council as evidenced by their most recent communication: I think we need to be careful that this is not perceived by some as unfair treatment. Donna Donna Austin:Neustar, Inc. Policy and Industry Affairs Manager Cell:+1.310.890.9655 Email: donna.austin(a)neustar.biz<mailto:donna.austin@neustar.biz> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately and delete the original message. Follow Neustar: [cid:image001.png@01CC3CD3.5F595DC0] Facebook<http://www.facebook.com/neustarinc> [cid:image002.png@01CC3CD3.5F595DC0] LinkedIn<http://www.linkedin.com/company/5349> [cid:image003.png@01CC3CD3.5F595DC0] Twitter<http://www.twitter.com/neustar> P Please consider the environment before printing this e-mail. From: owner-council(a)gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Phil Corwin Sent: Tuesday, May 24, 2016 6:18 AM To: Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>>; council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: [council] RE: Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board In view of this new letter from the Red Cross, I’d again urge that Council refrain from insisting that its issues be decided in tandem with the much broader IGO issues. If we have an opportunity to settle the red Cross matter on its own separate merits there’s no reason to hold it hostage to other matters. Thanks for considering that POV. 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 From:owner-council@gnso.icann.org<mailto:owner-council@gnso.icann.org> [mailto:owner-council@gnso.icann.org] On Behalf Of Mary Wong Sent: Monday, May 23, 2016 10:47 PM To: council(a)gnso.icann.org<mailto:council@gnso.icann.org> Subject: [council] Note from the Red Cross on the proposed GNSO Council letter to the ICANN Board Dear Councilors, Please see the message below that was sent by the Red Cross representatives yesterday. On behalf of the Council and the chairs, staff have acknowledged receipt of the note. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong(a)icann.org<mailto:mary.wong@icann.org> Telephone: +1-603-5744889 From: Salah Mathlouthi <smathlouthi(a)icrc.org<mailto:smathlouthi@icrc.org>> Date: Monday, May 23, 2016 at 23:59 To: Mary Wong <mary.wong(a)icann.org<mailto:mary.wong@icann.org>> Cc: Nigel Hickson <nigel.hickson(a)icann.org<mailto:nigel.hickson@icann.org>>, Charlotte Lindsey Curtet <clindsey(a)icrc.org<mailto:clindsey@icrc.org>>, Stephane Hankins <shankins(a)icrc.org<mailto:shankins@icrc.org>> Subject: Draft GNSO Communication to the Board - Red Cross and Red Crescent protections Dear Mary, We hope this message finds you well. (1) We have received a copy of the GNSO Council’s intended letter to ICANN’s Board seeking an update from the Board on next steps in regard to the dual issues of the protections of “Red Cross and Red Crescent identifiers” and “International Government organizations acronyms”, and suggesting that both sets of issues be addressed “in tandem”. We also note that the draft letter refers to the issues of the protections of the Red Cross and Red Crescent designations and names and to IGO acronyms in the singular (“as one”), and thus, in disregard of the distinct legal regimes and policy issues at stake. We would like herewith to express our deep concern in this regard and to request, in line with the consistent positions and representations made by the Red Cross and Red Crescent organizations to the Board and to ICANN constituencies in the last years, including the GNSO, that the protections that are due to the red cross and red crescent designations and names require to be considered in their own right and distinctiveness. (2) As you will no doubt recall, and as reminded by the ICRC during its meeting with the GNSO’s leadership members in Marrakesh and in its oral intervention during the GNSO Council session held on 14 April 2016, the protections due to the red cross and red crescent designations and names find their source in - universally agreed and compulsory norms of international humanitarian law and in the domestic laws in force in multiple national jurisdictions; as well as in - the distinct global public interest in ensuring respect and protection for these designations and names from improper or unauthorised use (including in situations of humanitarian emergencies in which the Red Cross and Red Crescent identifiers are at particular risk of fraudulent use on the Internet). This makes up a unique and sui generis case for the permanent and unconditional reservation of these designations and names from registration as top and second domain names. This has been recognized by the Board and the NGPC in particular in its past determinations which have confirmed that the Red Cross and Red Crescent protections as distinct. This also conforms to the GAC’s consistent advice on this matter as outlined in recent GAC Communiqués and that address the Red Cross and Red Crescent protections in stand-alone and separate paragraphs. (3) While the initial GNSO recommendations regarding the protections of the Red Cross and Red Crescent designations and names may have indeed been developed in the context of a broader PDP (“On the protection of IGO and INGO Identifiers in all gTLD’s”), the question of the Red Cross and Red Crescent reservations have since remained separate from the IGO/INGO issues and must continue to merit a distinct treatment and consideration. We are hence of the view that any suggestion that the Red Cross and Red Crescent protections could or should be re-coupled, or be addressed “in tandem”, with the protections called for in regard to IGO’s and their acronyms, would represent an undue retreat on ICANN’s most recent determinations, approaches and processes. We would like to thank the GNSO for its kind attention to the above concerns. We remain available to support and/or to attend any future consultations in this matter to be held, for instance, during ICANN 57 in Helsinki. Sincerely yours, Stéphane Stéphane J. Hankins Legal adviser Cooperation and Coordination within the Movement International Committee of the Red Cross Direct line: ++0041 22 730 24 19 -----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 23/05/2016 16:31 ----- A : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC@ICRC De : Daiana Barbancho Savage/CIM_DIR/GVA/ICRC Date : 23/05/2016 14:03 Cc : Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC@ICRC Objet : Letter (See attached file: docxKk10U26N6N.docx) Re: [council] Draft Letter to the Board on Red Cross Names & Identifier · To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx> · Subject: Re: [council] Draft Letter to the Board on Red Cross Names & Identifier · From: Mary Wong <mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx>> · Date: Fri, 20 May 2016 04:22:37 +0000 · Accept-language: en-US · List-id: council@xxxxxxxxxxxxxx · Sender: owner-council@xxxxxxxxxxxxxx · Thread-index: AQHRsk89sbH/K1NLyEimzyoyZLHunQ== · Thread-topic: [council] Draft Letter to the Board on Red Cross Names & Identifier · User-agent: Microsoft-MacOutlook/f.16.0.160506 Dear Councilors, Following further consultations between the Council chairs and staff on this matter, the chairs would like to provide the attached letter for your final review before it is sent to the ICANN Board. Essentially, this is the version suggested by the RySG (per Donna’s earlier note, below) but with a single revision at the end of the second paragraph, to clarify that the GNSO’s IGO and Red Cross recommendations originated in a single PDP. Please indicate any objections or concerns you may have with this proposed final version of the letter to the Board by COB in your time zone on Monday 23 May if at all possible, following which we will transmit the final letter to the Board shortly thereafter on behalf of Donna, Heather, James and the Council. Thanks and cheers Mary Mary Wong Senior Policy Director Internet Corporation for Assigned Names and Numbers (ICANN) Email: mary.wong@xxxxxxxxx<mailto:mary.wong@xxxxxxxxx> Telephone: +1-603-5744889 From: <owner-council@xxxxxxxxxxxxxx> on behalf of "Austin, Donna" <Donna.Austin@xxxxxxxxxxx<mailto:Donna.Austin@xxxxxxxxxxx>> Date: Saturday, May 14, 2016 at 05:44 To: "council@xxxxxxxxxxxxxx" <council@xxxxxxxxxxxxxx> Subject: [council] Draft Letter to the Board on Red Cross Names & Identifier James, all Following on from the discussion on the Council call yesterday about next steps in resolving the issue of permanent protection of certain Red Cross identifiers, the RySG has requested that the letter to the Board be amended to request an update/resolution of the outstanding issues related to the permanent protection of certain Red Cross identifiers and IGO acronyms. These issues have not previously been decoupled and we are concerned that if the Council suggests this as a path forward at this point it may be at the expense of resolving the remaining issues associated with IGO acronyms. Proposed amendments to the letter are provided for consideration. Thanks Donna Donna Austin: Neustar, Inc. Policy and Industry Affairs Manager Cell: +1.310.890.9655 Email: donna.austin@xxxxxxxxxxx<mailto:donna.austin@xxxxxxxxxxx> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately and delete the original message. Follow Neustar: [id:image001.png@01CC3CD3.5F595DC0] Facebook<http://www.facebook.com/neustarinc<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.facebook.com_neusta…>> [id:image002.png@01CC3CD3.5F595DC0] LinkedIn<http://www.linkedin.com/company/5349<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.linkedin.com_compan…>> [id:image003.png@01CC3CD3.5F595DC0] Twitter<http://www.twitter.com/neustar<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.twitter.com_neustar…>> P Please consider the environment before printing this e-mail. Attachment: Updated Draft letter to ICANN Board on Red Cross protections - 20 May.docx<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_mailing…> Description: Updated Draft letter to ICANN Board on Red Cross protections - 20 May.docx · Follow-Ups: · Re: [council] Draft Letter to the Board on Red Cross Names & Identifier<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_mailing…> · From: David Cake =============================================================================== The ICRC - working to protect and assist people affected by armed conflict and other situations of violence. Find out more: www.icrc.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icrc.org&d=DQMGaQ&c…> This e-mail is intended for the named recipient(s) only. Its contents are confidential and may only be retained by the named recipient (s) and may only be copied or disclosed with the consent of the International Committee of the Red Cross (ICRC). If you are not an intended recipient please delete this e-mail and notify the sender. =============================================================================== ________________________________ No virus found in this message. Checked by AVG - www.avg.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avg.com&d=DQMGaQ&c=…> Version: 2016.0.7497 / Virus Database: 4568/12262 - Release Date: 05/19/16

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Re: [council] UPDATED steps for Bylaws drafting
by James M. Bladel 25 May '16

25 May '16

Thank you, Bruce. J. On 5/25/16, 3:37 , "owner-council(a)gnso.icann.org on behalf of Bruce Tonkin" <owner-council(a)gnso.icann.org on behalf of Bruce.Tonkin(a)melbourneit.com.au> wrote: > > >Hello All, > >Here is an update to the process steps for approving the new bylaws. > > >Wednesday 25 May - Staff sends out a summary of all comments and any >proposed changes to the draft Bylaws to the community and ICANN Board, 48 >hours before the Board's vote. > >NEW Thursday 26 May at 19:00 UTC - Bylaws Coordination Group call >-review the public comments and revised draft bylaws, and confirm if >new bylaws are consistent with the final reports > >26 May at 21:00 UTC - Board will hold an information call to review >comments received since the Board's meeting in Amsterdam, and consider >the revised draft bylaws, taking into account the output of the Bylaws >Coordination Group call. At the end of this call, Board members will >decide whether to proceed with the Board meeting on Friday 27 May at >13:00 UTC - or reschedule. > >Friday 27 May at 13:00 UTC - Board will hold a formal meeting to vote on >the Bylaws, and the Service Level Agreement (SLA) with the Regional >Internet Registries (RIRs) for the IANA Numbering Services > > > >Regards, >Bruce Tonkin > >

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UPDATED steps for Bylaws drafting
by Bruce Tonkin 25 May '16

25 May '16

Hello All, Here is an update to the process steps for approving the new bylaws. Wednesday 25 May - Staff sends out a summary of all comments and any proposed changes to the draft Bylaws to the community and ICANN Board, 48 hours before the Board's vote. NEW Thursday 26 May at 19:00 UTC - Bylaws Coordination Group call -review the public comments and revised draft bylaws, and confirm if new bylaws are consistent with the final reports 26 May at 21:00 UTC - Board will hold an information call to review comments received since the Board's meeting in Amsterdam, and consider the revised draft bylaws, taking into account the output of the Bylaws Coordination Group call. At the end of this call, Board members will decide whether to proceed with the Board meeting on Friday 27 May at 13:00 UTC - or reschedule. Friday 27 May at 13:00 UTC - Board will hold a formal meeting to vote on the Bylaws, and the Service Level Agreement (SLA) with the Regional Internet Registries (RIRs) for the IANA Numbering Services Regards, Bruce Tonkin

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FW: Letter from GNSO Council for Bylaws Coordination Group
by Marika Konings 25 May '16

25 May '16

For your information. From: Grace Abuhamad <grace.abuhamad(a)icann.org> Date: Tuesday 24 May 2016 at 22:12 To: "bylaws-coord(a)icann.org" <bylaws-coord(a)icann.org> Cc: "James M. Bladel" <jbladel(a)godaddy.com>, Marika Konings <marika.konings(a)icann.org> Subject: Fwd: Letter from GNSO Council for Bylaws Coordination Group Forwarding at the request of the GNSO. Begin forwarded message: > From: Marika Konings <marika.konings(a)icann.org> > Date: May 24, 2016 at 22:10:57 EDT > To: Grace Abuhamad <grace.abuhamad(a)icann.org> > Cc: "James M. Bladel" <jbladel(a)godaddy.com> > Subject: Letter from GNSO Council for Bylaws Coordination Group > > Dear Bylaws Coordination Group, > > Please find attached for your consideration a letter from the GNSO Council. > > Best regards, > > Marika

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Call for Volunteers - GNSO Selection Committee
by Austin, Donna 24 May '16

24 May '16

Dear Councilors During the last Council meeting I provided a brief overview of some of the GNSO Council obligations associated with the implementation of the CWG's Transition Proposal and in particular, those related to establishing a Customer Standing Committee (CSC). The CSC is intended to monitor the performance of IANA post-transition and NTIA has requested that the CSC be established by 15 August 2016, in order to be ready to undertake its role upon transition. The CSC will comprise the following: Members 2 x gTLD registry operators to be selected by the RySG (mandatory) 2 x ccTLD registry operators to be selected by the ccNSO (mandatory) 1 x registry operator not considered to be a ccTLD or gTLD (optional) Liaisons (all are non-mandatory with the exception of IANA) 1 x IANA 1 x GNSO (non-registry) 1 x ALAC 1 x GAC 1 x ASO 1 x RSSAC 1 x SSAC The GNSO Council is responsible for selecting the GNSO Liaison, and also approving the final composition of the CSC in conjunction with the ccNSO Council. To that end, we are seeking volunteers to serve as the GNSO Council Selection Committee to select the GNSO Liaison for the CSC and to also review the proposed final composition of the CSC and make a recommendation to the Council for approval. The optimal number would be somewhere between 3 to 5 members, representing a cross-section of the Council. In the event that we have no volunteers, James, Heather and I have agreed to serve as the Selection Committee. It was anticipated that ICANN would post a call for Expressions of Interest last week, but this has been delayed pending approval of the CWG. However, given the timeline, it would be helpful if those interested could respond to this email by Friday 27 June 2016, 23:59 UTC. More detail regarding the GNSO Council obligations regarding the CSC is provided in the attached documents. Please let me know if you have any questions. Thanks Donna Donna Austin: Neustar, Inc. Policy and Industry Affairs Manager Cell: +1.310.890.9655 Email: donna.austin(a)neustar.biz<mailto:donna.austin@neustar.biz> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify me immediately and delete the original message. Follow Neustar: [cid:image001.png@01CC3CD3.5F595DC0] Facebook<http://www.facebook.com/neustarinc> [cid:image002.png@01CC3CD3.5F595DC0] LinkedIn<http://www.linkedin.com/company/5349> [cid:image003.png@01CC3CD3.5F595DC0] Twitter<http://www.twitter.com/neustar> P Please consider the environment before printing this e-mail.

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Proposed letter to the Drafting Team
by Paul McGrady 24 May '16

24 May '16

Hi all, On our last call, I volunteered t draft a short letter from James to the Bylaws Drafting Team. Here is the proposed body of that letter to be kicked around the Council list: ________ Dear Bylaws Drafting Team: The GNSO Council thanks you for your efforts in attempting to distill the instructions found in the CCWG-Accountability Report into a revised version of ICANN's Bylaws. We note that the draft Bylaws have generated significant public comment from members of the GNSO community. These include: [Paul McGrady to pull these links out of the public comment after it closes] We ask you to carefully review each of these comments and give them serious consideration. It is important that the revised Bylaws remain faithful to the CCWG-Accountability Report on which we, as a Council, were called upon to vote in Marrakech. We are fully at your disposal should you wish to consult us on any issue raised in the comments generated by the GNSO community. Kind regards, James Bladel Best, Paul policy(a)paulmcgrady.com

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