Hi All,
Thanks for everyone’s feedback. To date, we have not received any objections to the text in the Google Doc below. I plan to accept Jen’s deletion (which was supported by Susan) and submit as a public comment at 3 PM PT today.
https://docs.google.com/document/d/1q4xz1BZJenFuJVEEBzLxgK7vSWQJZkMmHO8AngKGsSg/edit
Thanks,
Greg
From: Anne ICANN <anneicanngnso@gmail.com>
Sent: Friday, April 12, 2024 9:23 AM
To: DiBiase, Gregory <dibiase@amazon.com>
Cc: Susan Payne <susan.payne@comlaude.com>; council@gnso.icann.org
Subject: RE: [EXTERNAL] [council] Draft GNSO Comment on Proposed Bylaws Amendment
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Thanks Greg. Makes perfect sense as long as Council plans to formally respond to the letter from the Board!
Anne
On Fri, Apr 12, 2024 at 7:42 AM DiBiase, Gregory <dibiase@amazon.com> wrote:
Thanks Susan, I agree with your analysis here.
Anne, to confirm, Leadership was planning on a separate communication regarding the proposed revision to Recommendation 7. The due date is also different (allowing us to discuss at our April Council Meeting). I think we should keep these issues separate.
Thanks,
Greg
From: council <council-bounces@gnso.icann.org> On Behalf Of Susan Payne via council
Sent: Friday, April 12, 2024 2:18 AM
To: Anne ICANN <anneicanngnso@gmail.com>; Julie Bisland via council <council@gnso.icann.org>
Subject: RE: [EXTERNAL] [council] Draft GNSO Comment on Proposed Bylaws Amendment
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you can confirm the sender and know the content is safe.
Thanks Anne
Amendment of CCWG-AP Recommendation 7 is a discussion scheduled for our Council meeting on Thursday. As such, that’s not a statement that we can make in this Bylaws amendment comment, which has a deadline of Monday.
Regardless, while the issues are interconnected, they are separate – the request for public comment input is purely on the proposed Bylaws amendment. Separately, Tripti wrote to the GNSO and other CCWG-AP Chartering Organisations asking them to consider revising CCWG-AP recommendation 7 with a deadline of 17 May. That letter refers to the Bylaws amendment, certainly, but doesn’t specifically seek GNSO input on it since the question has been asked of the whole community via the public comment process (later, the GNSO will have to exercise its vote). Obviously that does not prevent us referring to our feedback on the Bylaws amendment when we respond to the Recommendation 7 letter, if we believe it is necessary. Following our discussion on Thursday I’ve no doubt we will be submitting the GNSO’s response on Recommendation 7 shortly.
Susan Payne
Head of Legal Policy
Com Laude
T +44 (0) 20 7421 8250
Ext 255
From: council <council-bounces@gnso.icann.org> On Behalf Of Anne ICANN via council
Sent: Thursday, April 11, 2024 10:39 PM
To: Osvaldo Novoa <osvaldo.j.novoa@gmail.com>
Cc: Julie Bisland via council <council@gnso.icann.org>
Subject: Re: [council] Draft GNSO Comment on Proposed Bylaws Amendment
P.S. if the suggested additional language below in blue does not belong in the public comment filing, it certainly does belong in a letter responding to the Board's letter to Council as one of the Chartering Organizations. That letter had two requests: provide feedback on amending Recommendation 7 and provide feedback on the proposed broader ByLaws amendment.
I believe that responding to the Board's letter to Council is important and is separate from the public comment process. As to any CCWG Recommendation, the Board should be seeking direct approval from all Chartering Organizations, not just public comment and Council should be recognizing this by responding in writing to the Board's letter.
Anne
On Thu, Apr 11, 2024 at 2:26 PM Anne ICANN <anneicanngnso@gmail.com> wrote:
Thanks Susan et al,
I believe the comment needs to acknowledge the Board's request to amend CCWG Recommendation 7 to delete language that it found problematic because it does not cover all aspects of the decision making process in the review of grant applications. The requested deletion to cover all aspects of eligibility and going through final grant award is a reasonable one. In my opinion, the GNSO and other Chartering Organizations should agree to this.
The language of Susan's draft re the proposed broader ByLaws amendment looks good. However, if the Council does not include a response to the request to strike a clause in Recommendation 7, then the response from Council will be incomplete. It is encouraging that the Board has asked for approval to strike this language and given a solid reason for doing so. Hence, the Council should address that point in its reply, e.g.
"Regarding the Board's request to strike certain limiting language in Recommendation 7 to ensure that all aspects of the grant decision-making process are covered by the proposed ByLaws change endorsed by the CCWG Auction Proceeds and previously adopted by the Board, the GNSO Council has no objection to that modification."
Thank you,
Anne
On Wed, Apr 10, 2024 at 4:40 PM Osvaldo Novoa via council <council@gnso.icann.org> wrote:
Me too.
Thank you Susan.
Best regards.
Saludos,
Osvaldo Novoa
On 4 Apr 2024, at 12:03, Desiree via council <council@gnso.icann.org> wrote:
Hi Susan
Thanks for the draft. It looks good and to the point.
In my view it reflects the Council’s last discussion.
Desiree
—
On 4 Apr 2024, at 15:36, Susan Payne via council <council@gnso.icann.org> wrote:
Hi all
Please see below draft of a GNSO comment which we might submit on the proposed Fundamental Bylaws change. My proposal is to keep this short and simple. Individual SG/Cs may have additional points they wish to make, and will hopefully do so in their own submissions, but the more detailed a draft GNSO comment is the more challenging it will be for everyone to get sign-off.
GNSO COUNCIL COMMENTS ON THE PROPOSED FUNDAMENTAL BYLAWS AMENDMENT TO LIMIT ACCESS TO ACCOUNTABILITY MECHANISMS
The GNSO Council (the Council) appreciates the opportunity to comment on the Proposed Fundamental Bylaws amendment, which proposes to create a mechanism for limiting or removing access to accountability mechanisms, such as the Request for Reconsideration (RFR) or Independent Review Process (IRP), when certain criteria are met, without the need for further formal Fundamental Bylaws amendments on a case by case basis. We anticipate that individual GNSO SGs and Cs will also submit their own, potentially more detailed, comments.
The Council is concerned that a Fundamental Bylaws amendment in this broad form, which goes substantially wider than addressing CCWG-AP Recommendation 7, vests undue power in CCWGs to disallow accountability mechanisms, and creates an alternate path to amending a Fundamental Bylaw without the key community safeguard of requiring Empowered Community affirmative approval. This could create an opportunity for abuse. Further, the Council does not believe that such a broad amendment is necessary, bearing in mind that this has been, and should remain, an exceptional event. CCWG-AP Recommendation 7 is the first instance in nearly 8 years where a recommendation has been made to restrict access to the accountability mechanisms. As such, a streamlined process for managing future such recommendations is premature, at best.
For these reasons, the Council does not support any Bylaws change in substantially the form being proposed and likely would be instructed by its constituent SGs and Cs to reject any formal vote, should this be put to the Empowered Community.
Comments/edits welcome.
S
Susan Payne
Head of Legal Policy28 Little Russell Street,
London WC1A 2HN, UK
T +44 (0) 20 7421 8250
Ext 255Follow us on Linkedin and YouTube
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