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 Policy [cid:image001.png@01DA8699.026DA7B0]<https://comlaude.com/> 28 Little Russell Street, London WC1A 2HN, UK T +44 (0) 20 7421 8250 Ext 255 comlaude.com<http://comlaude.com> Follow us on Linkedin<https://t-uk.xink.io/Tracking/Index/pRkAAFJfAADw_RQA0> and YouTube<https://t-uk.xink.io/Tracking/Index/bhkAAFJfAADw_RQA0> [cid:image002.png@01DA8699.026DA7B0]<https://www.linkedin.com/company/com-laude> [cid:image003.png@01DA8699.026DA7B0] <https://twitter.com/comlaude?lang=en> [cid:image004.png@01DA8699.026DA7B0] <https://www.facebook.com/ComLaude/> [cid:image005.png@01DA8699.026DA7B0] <https://www.youtube.com/@comlaude> [cid:image006.jpg@01DA8699.026DA7B0] ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com<https://comlaude.com>
