Hi Paul, I assume you refer to the Annex C text as was proposed by Sidley and not to the text of the bylaws as they are published by ICANN for public comment. I also have a number of second thoughts about the Annex C proposed text as it may not always be - or at least open for interpretation as being not in line - with the current status quo with regard to ccTLD-IANA (& ICANN) relations. I therefore agree with ICANN’s suggestion not to use any of this text in the bylaws (we could still apart from that discuss if the purpose (art. 3 bylaws) is sufficient now) and to copy as literally as possible the relevant wording from the NTIA contract in the new ICANN - PTI contract. Best, Maarten On 14/07/16 12:19, "cwg-stewardship-bounces@icann.org on behalf of Paul M Kane - CWG" <cwg-stewardship-bounces@icann.org on behalf of paul.kane-cwg@icb.co.uk> wrote:
Thanks Jonathan but I have major problems with the new PTI Bylaws text
PTI is a service provider to the ccTLD Registry. The new text of Annex C is now empowering PTI to interpret local laws for cTLDs and risks destabalising existing registrants of current ccTLD Registries.
The new language proposed for Annex C are not acceptable IMHO they risk the stable operation of ccTLD Registries and their ability to robustly serve their customers.
This is a major change from the CWG proposal
Best
Paul
Quoting Jonathan Robinson <jrobinson@afilias.info>:
All
Please see below for Sidley’s communication with the CWG Client Committee on the PTI Bylaws.
Apologies on behalf of the Client Committee that these were not shared with the CWG more promptly.
It seems to me that there are two key issues:
1. We need to understand the landscape of open issues – we will take input from Sidley in the CWG meeting today on these
2. We need assistance from Sidley in converting the summary / map of those issues into structured public comment on the PTI Bylaws.
Thank-you,
Jonathan
From: Flanagan, Sharon [mailto:sflanagan@sidley.com] Sent: 11 July 2016 05:29 To: Client Committee <cwg-client@icann.org> Subject: [client com] PTI Bylaws
Dear All,
Update on PTI Bylaws:
We have been working with ICANN legal on revisions to the PTI bylaws based on the input we have received from CWG. We had a call with ICANN legal on Friday afternoon and we circulated a revised draft of the PTI bylaws to ICANN legal on Saturday. On Sunday, ICANN legal circulated a further revised draft (marked to show changes from the Sidley draft), which is attached.
We understand that ICANN legal plans to post the draft PTI bylaws for comment early this week notwithstanding the fact that there are open issues in the draft based on the CWG input we have received to date. ICANN legal is suggesting that CWG can continue to raise its comments through the public comment period.
Governance Chart:
ICANN legal has also circulated a chart of certain governance provisions included in the PTI bylaws that are not directly addressed in the CWG proposal. We have annotated that chart with a column with our comments on those points. While the details of the PTI bylaws were not specified in the CWG proposal, we believe the approach being taken by CWG in the PTI bylaws on these governance matters is consistent with the intent of the CWG proposal.
Annex C:
In addition, we previously circulated a chart prepared by ICANN legal on their concerns with the incorporation of the Annex C provisions of the CWG proposal into the PTI bylaws. We have reattached that chart for your reference. The draft PTI bylaws circulated by ICANN legal do not include the Annex C language; instead the draft includes two paragraphs that ICANN legal included to address certain principles from Annex C.
Next steps:
Please let us know if you would like to discuss any of these items or if you would like us to summarize/map out the open issues. We can also be available to assist in the preparation of a comment letter from CWG assuming that ICANN posts this version of the PTI bylaws where open issues remain.
Kind regards,
Sharon
SHARON R. FLANAGAN
SIDLEY AUSTIN LLP 555 California Street Suite 2000 San Francisco, CA 94104 +1 415 772 1271 <mailto:sflanagan@sidley.com> sflanagan@sidley.com <http://www.sidley.com> www.sidley.com
<http://www2.sidley.com/files/upload/signatures/SIDLEY_150-AUTOSIG.png>
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