FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review
Councilors, FYI. Personally, I wasn’t aware that these reviews could be deferred. 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 [CANN]<http://www.icann.org/> 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
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
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
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 http://www.blacknight.host/ http://blacknight.blog / http://ceo.hosting/ 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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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]<http://www.icann.org/> 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<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council
What was the date and was there any published rationale for the “initial deferral, due to the IANA Transition” referenced in the announcement. In any event, with the prior ccNSO review being submitted in March 2011, the proposal “to defer the upcoming ccNSO Review until August 2018” would be a gap of more than seven years, which seems to be in clear contradiction of the Bylaws language requiring they be conducted every five years. Also, it’s not clear whether the August 2018 date refers to delivery of the next review or just initiation of the review process. So, while fully understanding the “bandwidth concerns”, the Bylaws do not appear to sanction such deferral unless one believes the “feasibility” clause gives the Board very broad license to ignore the every five years limitation. 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: council-bounces@gnso.icann.org [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Tuesday, April 11, 2017 12:07 PM To: Edward Morris; James M. Bladel Cc: GNSO Council List 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 http://www.blacknight.host/ http://blacknight.blog / http://ceo.hosting/ 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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]<http://www.icann.org/> 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<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com/email-signature> Version: 2016.0.8012 / Virus Database: 4769/14262 - Release Date: 04/07/17
Hello all, we can ask for more information from our colleagues who support the ccNSO as well as the MSSI team who has charge of all the reviews if you need it. For now, I’ll note that the five year cycle for SO/AC (not the GAC) structural reviews is five years from Board receipt of the Final Report of a particular review (in contrast to Review Teams for accountability, security/stability/resiliency and WHOIS/RDS, which are five years from the date the previous Review Team was convened). For the ccNSO, the five-year cycle would – without a deferral – be scheduled for August 2017. This proposal thus seeks to defer the review for one year, and the Board is mandated by the Bylaws to assess its feasibility. Cheers Mary From: <council-bounces@gnso.icann.org> on behalf of Phil Corwin <psc@vlaw-dc.com> Date: Tuesday, April 11, 2017 at 12:24 To: Michele Neylon - Blacknight <michele@blacknight.com>, Edward Morris <egmorris1@toast.net>, "James M. 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 What was the date and was there any published rationale for the “initial deferral, due to the IANA Transition” referenced in the announcement. In any event, with the prior ccNSO review being submitted in March 2011, the proposal “to defer the upcoming ccNSO Review until August 2018” would be a gap of more than seven years, which seems to be in clear contradiction of the Bylaws language requiring they be conducted every five years. Also, it’s not clear whether the August 2018 date refers to delivery of the next review or just initiation of the review process. So, while fully understanding the “bandwidth concerns”, the Bylaws do not appear to sanction such deferral unless one believes the “feasibility” clause gives the Board very broad license to ignore the every five years limitation. 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: council-bounces@gnso.icann.org [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Tuesday, April 11, 2017 12:07 PM To: Edward Morris; James M. Bladel Cc: GNSO Council List 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 http://www.blacknight.host/[blacknight.host]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.blacknight.host_&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=nHDpSSbvN_sLjqsIQIZqD349I5m0MuRFZujO5R32xxA&s=LhqhgV2TOfi7zezC6zRW5l2rgf8w227b7lk55uYDhOo&e=> http://blacknight.blog[blacknight.blog]<https://urldefense.proofpoint.com/v2/url?u=http-3A__blacknight.blog&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=nHDpSSbvN_sLjqsIQIZqD349I5m0MuRFZujO5R32xxA&s=6eh0wjdKvYX7yn8N_z-2KqRLPrj8uN---alM7SxkuN4&e=> / http://ceo.hosting/[ceo.hosting]<https://urldefense.proofpoint.com/v2/url?u=http-3A__ceo.hosting_&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=nHDpSSbvN_sLjqsIQIZqD349I5m0MuRFZujO5R32xxA&s=AyI5yRlztrBLA5ISgXU4FUY1g76Rv9YbJl6pbOKA2Go&e=> 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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 [NN][icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...> News Alert https://www.icann.org/news/announcement-2017-04-06-en[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=nHDpSSbvN_sLjqsIQIZqD349I5m0MuRFZujO5R32xxA&s=eyNVhBV0DYNVqaZB-T2G2QGjEN6m9awckTAwzbQOVUo&e=> ________________________________ 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[icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccnso-2Dreview-2Ddeferral-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=DJ69mAe-idEhpAMF1nu2x6c2w3xl7xb5cjS_7sB4h6Y&m=nHDpSSbvN_sLjqsIQIZqD349I5m0MuRFZujO5R32xxA&s=Ylp87YnEBHZFMRnakqUCGS-9t6tg5OjMrrNS6g12jxo&e=> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council ________________________________ No virus found in this message. Checked by AVG - www.avg.com[avg.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.avg.com_email-2Dsign...> Version: 2016.0.8012 / Virus Database: 4769/14262 - Release Date: 04/07/17
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<mailto:council-bounces@gnso.icann.org>> on behalf of Michele Blacknight <michele@blacknight.com<mailto:michele@blacknight.com>> Date: Tuesday, April 11, 2017 at 12:06 PM To: Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>>, James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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 http://www.blacknight.host/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.blacknight.host_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=yHTuNKlVnc_yD5LMhhfzvzro70MvBzEiltZSIyE_34M&e=> http://blacknight.blog<https://urldefense.proofpoint.com/v2/url?u=http-3A__blacknight.blog&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=rkDo7OjG10UL8Jwq8FjBAIVtXgCZNrgfYkrlGg5IYlw&e=> / http://ceo.hosting/<https://urldefense.proofpoint.com/v2/url?u=http-3A__ceo.hosting_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=K2_GJYbuVsncRg2OzbFBdT8HVVH-Ih5HAdpXuXMdVww&e=> 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...> News Alert https://www.icann.org/news/announcement-2017-04-06-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=OG_bWNqdOhkcsBt0s3YSn5Js7aFb9JSZtPkofGFuHdU&e=> ________________________________ 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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccnso-2Dreview-2Ddeferral-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=EZPUpQef2046eVW24vNmYZx2ktS_BiF9cKsWGzptC38&e=> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_council&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=i6ASAetOc3qI2a9Egk7qE0VGcidRVpEmVHKSZD_wyrs&e=>
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 http://www.blacknight.host/ http://blacknight.blog / http://ceo.hosting/ 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
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
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 <mailto: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 <mailto:council-bounces@gnso.icann.org>> on behalf of Michele Blacknight <michele@blacknight.com <mailto:michele@blacknight.com>> Date: Tuesday, April 11, 2017 at 12:06 PM To: Edward Morris <egmorris1@toast.net <mailto:egmorris1@toast.net>>, James Bladel <jbladel@godaddy.com <mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org <mailto: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
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*From: *<council-bounces@gnso.icann.org <mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net <mailto:egmorris1@toast.net>> *Date: *Tuesday 11 April 2017 at 17:00 *To: *James Bladel <jbladel@godaddy.com <mailto:jbladel@godaddy.com>> *Cc: *GNSO Council List <council@gnso.icann.org <mailto: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 <mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org <mailto: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 <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...>
News Alert
https://www.icann.org/news/announcement-2017-04-06-en <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_anno...>
------------------------------------------------------------------------
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 <https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2D...>
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Ed I’d have to disagree. From my perspective it’s better to do things properly than being slave to a specific timeline. While some groups within the ICANN Community might have enough bandwidth to take on extra workload at the moment I suspect they are in the minority. If I look at the active PDPs and other initiatives at the moment, as well as a mapping of who is actively engaged in that work then the picture is pretty clear and hasn’t changed in several years. So personally I’d be happier seeing a review deferred and done properly and given the attention it really deserves, rather than simply rushed. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ http://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: Edward Morris <egmorris1@toast.net> Date: Wednesday 12 April 2017 at 03:14 To: Becky Burr <Becky.Burr@neustar.biz> Cc: Michele Neylon <michele@blacknight.com>, James Bladel <jbladel@godaddy.com>, GNSO Council List <council@gnso.icann.org> Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review 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<mailto: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<mailto:council-bounces@gnso.icann.org>> on behalf of Michele Blacknight <michele@blacknight.com<mailto:michele@blacknight.com>> Date: Tuesday, April 11, 2017 at 12:06 PM To: Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>>, James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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 http://www.blacknight.host/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.blacknight.host_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=yHTuNKlVnc_yD5LMhhfzvzro70MvBzEiltZSIyE_34M&e=> http://blacknight.blog<https://urldefense.proofpoint.com/v2/url?u=http-3A__blacknight.blog&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=rkDo7OjG10UL8Jwq8FjBAIVtXgCZNrgfYkrlGg5IYlw&e=> / http://ceo.hosting/<https://urldefense.proofpoint.com/v2/url?u=http-3A__ceo.hosting_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=K2_GJYbuVsncRg2OzbFBdT8HVVH-Ih5HAdpXuXMdVww&e=> 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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 [NN]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...> News Alert https://www.icann.org/news/announcement-2017-04-06-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=OG_bWNqdOhkcsBt0s3YSn5Js7aFb9JSZtPkofGFuHdU&e=> ________________________________ 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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccnso-2Dreview-2Ddeferral-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=EZPUpQef2046eVW24vNmYZx2ktS_BiF9cKsWGzptC38&e=> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_council&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=i6ASAetOc3qI2a9Egk7qE0VGcidRVpEmVHKSZD_wyrs&e=>
If the problem is too many mandatory reviews and insufficient bandwidth maybe we should review whether all those reviews are necessary, whether some can be eliminated or consolidated, and whether the time requirements can be stretched out. I’d be more comfortable with that than a creative interpretation of ‘feasibility’ that can allow a mandatory review to be postponed for an indefinite period. 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: council-bounces@gnso.icann.org [mailto:council-bounces@gnso.icann.org] On Behalf Of Michele Neylon - Blacknight Sent: Wednesday, April 12, 2017 5:24 AM To: Edward Morris; Burr, Becky Cc: GNSO Council List Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review Ed I’d have to disagree. From my perspective it’s better to do things properly than being slave to a specific timeline. While some groups within the ICANN Community might have enough bandwidth to take on extra workload at the moment I suspect they are in the minority. If I look at the active PDPs and other initiatives at the moment, as well as a mapping of who is actively engaged in that work then the picture is pretty clear and hasn’t changed in several years. So personally I’d be happier seeing a review deferred and done properly and given the attention it really deserves, rather than simply rushed. Regards Michele -- Mr Michele Neylon Blacknight Solutions Hosting, Colocation & Domains https://www.blacknight.com/ http://blacknight.blog/ Intl. +353 (0) 59 9183072 Direct Dial: +353 (0)59 9183090 Personal blog: https://michele.blog/ Some thoughts: https://ceo.hosting/ ------------------------------- Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business Park,Sleaty Road,Graiguecullen,Carlow,R93 X265,Ireland Company No.: 370845 From: Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Wednesday 12 April 2017 at 03:14 To: Becky Burr <Becky.Burr@neustar.biz<mailto:Becky.Burr@neustar.biz>> Cc: Michele Neylon <michele@blacknight.com<mailto:michele@blacknight.com>>, James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>>, GNSO Council List <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: Re: [council] FW: [Soac-infoalert] ICANN News Alert -- Deferral of Country Code Names Supporting Organization Review 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<mailto: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<mailto:council-bounces@gnso.icann.org>> on behalf of Michele Blacknight <michele@blacknight.com<mailto:michele@blacknight.com>> Date: Tuesday, April 11, 2017 at 12:06 PM To: Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>>, James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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 http://www.blacknight.host/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.blacknight.host_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=yHTuNKlVnc_yD5LMhhfzvzro70MvBzEiltZSIyE_34M&e=> http://blacknight.blog<https://urldefense.proofpoint.com/v2/url?u=http-3A__blacknight.blog&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=rkDo7OjG10UL8Jwq8FjBAIVtXgCZNrgfYkrlGg5IYlw&e=> / http://ceo.hosting/<https://urldefense.proofpoint.com/v2/url?u=http-3A__ceo.hosting_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=K2_GJYbuVsncRg2OzbFBdT8HVVH-Ih5HAdpXuXMdVww&e=> 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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 [NN]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...> News Alert https://www.icann.org/news/announcement-2017-04-06-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=OG_bWNqdOhkcsBt0s3YSn5Js7aFb9JSZtPkofGFuHdU&e=> ________________________________ 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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccnso-2Dreview-2Ddeferral-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=EZPUpQef2046eVW24vNmYZx2ktS_BiF9cKsWGzptC38&e=> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_council&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=i6ASAetOc3qI2a9Egk7qE0VGcidRVpEmVHKSZD_wyrs&e=> ________________________________ No virus found in this message. Checked by AVG - www.avg.com<http://www.avg.com/email-signature> Version: 2016.0.8012 / Virus Database: 4769/14262 - Release Date: 04/07/17
Just on the volunteer point--I don’t think the ccNSO Review would involve a community selected review team, rather ICANN would engage an independent third party to conduct the review. From: council-bounces@gnso.icann.org [mailto:council-bounces@gnso.icann.org] On Behalf Of Edward Morris Sent: Wednesday, April 12, 2017 3:14 AM To: Burr, Becky <Becky.Burr@neustar.biz> 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 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<mailto: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<mailto:council-bounces@gnso.icann.org>> on behalf of Michele Blacknight <michele@blacknight.com<mailto:michele@blacknight.com>> Date: Tuesday, April 11, 2017 at 12:06 PM To: Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>>, James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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 http://www.blacknight.host/<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.blacknight.host_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=yHTuNKlVnc_yD5LMhhfzvzro70MvBzEiltZSIyE_34M&e=> http://blacknight.blog<https://urldefense.proofpoint.com/v2/url?u=http-3A__blacknight.blog&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=rkDo7OjG10UL8Jwq8FjBAIVtXgCZNrgfYkrlGg5IYlw&e=> / http://ceo.hosting/<https://urldefense.proofpoint.com/v2/url?u=http-3A__ceo.hosting_&d=DwQGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=K2_GJYbuVsncRg2OzbFBdT8HVVH-Ih5HAdpXuXMdVww&e=> 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<mailto:council-bounces@gnso.icann.org>> on behalf of Edward Morris <egmorris1@toast.net<mailto:egmorris1@toast.net>> Date: Tuesday 11 April 2017 at 17:00 To: James Bladel <jbladel@godaddy.com<mailto:jbladel@godaddy.com>> Cc: GNSO Council List <council@gnso.icann.org<mailto: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<mailto:soac-infoalert-bounces@icann.org>> on behalf of David Olive <david.olive@icann.org<mailto: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]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ&...> News Alert https://www.icann.org/news/announcement-2017-04-06-en<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=OG_bWNqdOhkcsBt0s3YSn5Js7aFb9JSZtPkofGFuHdU&e=> ________________________________ 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<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_public-2Dcomments_ccnso-2Dreview-2Ddeferral-2D2017-2D04-2D06-2Den&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=EZPUpQef2046eVW24vNmYZx2ktS_BiF9cKsWGzptC38&e=> _______________________________________________ council mailing list council@gnso.icann.org<mailto:council@gnso.icann.org> https://mm.icann.org/mailman/listinfo/council<https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_council&d=DwMGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=7_6Arw6iLZMWzpc49e9RCAZmPAVVfFCKrsy9uIldkdE&s=i6ASAetOc3qI2a9Egk7qE0VGcidRVpEmVHKSZD_wyrs&e=>
participants (8)
-
Austin, Donna -
Burr, Becky -
Edward Morris -
James M. Bladel -
Mary Wong -
Michele Neylon - Blacknight -
Phil Corwin -
Wolf-Ulrich Knoben