I concur with Ed and others. Maybe the Boeard can act "...based on feasibility as determined by the Board." But it is rather demotivating to those SO/ACs working hard to manage their "bandwidth concerns" on a long run (5 years).

I'm curious to see the ccNSO report on implementation evaluation of the last review.

Best regards

Wolf-Ulrich


Am 12.04.2017 um 04:14 schrieb Edward Morris:
Hi Becky,

It seems to me that reading of the Bylaws is somewhat creative and best left to the "old" ICANN. "Shall" indicates more than best efforts, it's a requirement,  and the feasibility section would appear to be a subordinate clause. If the Board felt it was feasible and presumably desirable to have a review in under 5 years that's permitted. I just don't read this as allowing the Board to disregard the "shall" by declaring it not to be feasible. What if the Board felt it was never "feasible"? Do we then postpone Reviews indefinitely? Forever?

Regarding feasible...even if the Bylaws are read creatively I'd suggest that as long as there are volunteers to staff the reviews it is feasible to proceed as envisioned. I'm still seeing many more volunteers than Review positions available in recent calls. It might even be healthier to go deeper into our pool of volunteers than normal to increase the diversity of views represented. Staff, however, might be resource challenged and there I would suggest the Board and ICANN leadership would have a responsibility to fix that problem through adequate resourcing, not by postponing the Reviews.

Kind Regards,

Ed Morris

Sent from my iPhone

On 11 Apr 2017, at 19:22, Burr, Becky <Becky.Burr@neustar.biz> wrote:

The Bylaws provide, with respect to SO/AC reviews: "These periodic reviews shall be conducted no less frequently than every five years, based on feasibility as determined by the Board.” This has been read in the past to permit delay – and here we are facing 10 or 11 reviews in a very compressed period.

J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW DC 20006

Office: +1.202.533.2932  Mobile: +1.202.352.6367



From: <council-bounces@gnso.icann.org> on behalf of Michele Blacknight <michele@blacknight.com>
Date: Tuesday, April 11, 2017 at 12:06 PM
To: Edward Morris <egmorris1@toast.net>, James Bladel <jbladel@godaddy.com>
Cc: GNSO Council List <council@gnso.icann.org>
Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review

I could be wrong (highly likely) but haven’t a couple of them been delayed in the past? I’m not sure if any have been officially “deferred” though.

 

 

--

Mr Michele Neylon

Blacknight Solutions

Hosting, Colocation & Domains

Intl. +353 (0) 59  9183072

Direct Dial: +353 (0)59 9183090

-------------------------------

Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty

Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

 

From: <council-bounces@gnso.icann.org> on behalf of Edward Morris <egmorris1@toast.net>
Date: Tuesday 11 April 2017 at 17:00
To: James Bladel <jbladel@godaddy.com>
Cc: GNSO Council List <council@gnso.icann.org>
Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review

 

James,

 

 

Personally, I wasn’t aware that these reviews could be deferred.

 

I don't believe they can be, which makes this proposal all the more interesting.

 

Section 4(1) of the ICANN Bylaws is quite clear:

 

"These periodic reviews shall be conducted no less frequently than every five years, based on feasibility as determined by the Board."



The feasibility clause does not abrogate the responsibility for having these reviews "no less frequently than every five years".

 

Obviously I'm missing something the discovery of which will make me seem fairly stupid. It's that or the Board is acting beyond its remit which would be a less than fantastic start to ICANN's new found independent existence. 

 

Best,

 

Ed

 

Thanks—

 

J.

 

 

From: <soac-infoalert-bounces@icann.org> on behalf of David Olive <david.olive@icann.org>
Date: Tuesday, April 11, 2017 at 0:31
Subject: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review

 

 

ANN

News Alert

https://www.icann.org/news/announcement-2017-04-06-en


Deferral of Country Code Names Supporting Organization Review

6 April 2017

Open Date:

6 April 2017

Close Date:

19 May 2017

Originating Organization:

Multi Stakeholder Strategy and Strategic Initiatives

Categories/Tags:

Reviews/Improvements

Brief Overview:

The ccNSO Review, scheduled to start in August 2017, is proposed to be deferred by 12 months, in response to community concerns about bandwidth.

As per ICANN's Bylaws, Article 4, Section 4.4 (a), organizational reviews, such as the ccNSO Review, 'shall be conducted no less frequently than every five years, based on feasibility as determined by the Board.'

The Final Report of the previous ccNSO Review was submitted to the Board on 4 March 2011. Following an initial deferral, due to the IANA Transition, the ICANN Board, based on explicit feedback from the ccNSO Chair, proposes to defer the upcoming ccNSO Review until August 2018.

The ccNSO will use the time until the start of the next ccNSO Review to conduct an evaluation of the implementation status of the recommendations that arose from the previous Review.

Link:

https://www.icann.org/public-comments/ccnso-review-deferral-2017-04-06-en

 



 

_______________________________________________
council mailing list
council@gnso.icann.org
https://mm.icann.org/mailman/listinfo/council



_______________________________________________
council mailing list
council@gnso.icann.org
https://mm.icann.org/mailman/listinfo/council

-- 

Am Steinringer Berg 19
53639 Königswinter
Tel: 02244 873999
Fax: 02244 873955
Mob: 0151 1452 5867