Dear Donna, Chuck, and Avri As the leads of DT-C (CSC), DT-M (Escalation), and DT-N (Reviews), the Chairs has asked that you prepare responses to the Sidley Draft Bylaws¹ ³Notes to CWG² since these notes affected mainly the work developed by your design teams. Some questions are easier to answer than others: some questions may require input from the CWG-Stewardship (if, for example, the response could be considered policy), others may have dependencies on the CCWG-Accountability work. I have updated the draft framework since it¹s presentation on 2 December to fix page number references and remove the repeated ³note to CWG² at the beginning of each row. In reviewing this document, there are some items where ICANN may be able to provide information or assist with the response formulation. If you have specific questions for ICANN staff, please let us know. As Lise put in her note below, the primary issue for the 12 January call will be the DT-IPR work, but my assumption is that an update on the response work may be of interest on that call as well. Please let us (staff support) know if there is anything that you need to help you in completing this work. Best, Grace From: <cwg-stewardship-bounces@icann.org> on behalf of Lise Fuhr <lise.fuhr@difo.dk> Date: Thursday, December 17, 2015 at 7:05 AM To: "cwg-stewardship@icann.org" <cwg-stewardship@icann.org> Subject: [CWG-Stewardship] Update on the last item from the CWG call 15.12.2015 Dear CWG, At our call on Tuesday we didn¹t have time to discuss two issues: Under 3. Implementation creation of PTI, and 4. Bylaws. Below is a short description of both issues. 3. Implementation sub bullet ³Creation of PTI² At our last CWG call (December 3rd) we considered Sidley¹s role in relation to the creation of PTI and the associated legal work (Co formation, bylaws, articles etc). The client committee discussed this together with Sidley on our call December 10th and, in combination with the direction received in the CWG call, we believe the following is an effective approach: · ICANN to hold the pen and undertake the first pass on the legal work (as part of its role in implementation). · But ICANN to approach the legal work on the implementation of PTI in stages. · In particular, it is important to seek agreement with CWG / Sidley on the key principles before starting the detail drafting phase. · Thereafter, it will be important for CWG / Sidley to review and agree the draft and final forms of the key legal documents · The CWG will need to see regular updates from ICANN as part of this process in order to ensure timely implementation. Action Staff is to advise ICANN to approach the implementation of PTI in stages. In particular, to seek agreement with CWG on the principles before starting the drafting phase. 4. ICANN Bylaws (relating to PTI): The client committee had a call on Thursday December 10th . We discussed with Sidley the request to simplify their draft of the bylaws. Sidley suggested at the call, that instead of simplifying Bylaws at the outset, the CWG could work on the questions previously posed by Sidley and then Sidley could most effectively recommend what needs to be in the Bylaws and what can be implemented as supplements e.g. as 'policies' to be included elsewhere. The co-chairs therefore propose to form a small group to manage dealing with the questions in the first instance in order to inform Sidley¹s restructuring of their draft. The group to be composed of the leads of DTs that most closely associated with the questions asked by Sidley. We suggest Chuck, Donna, Avri to be the members of this small group. Grace was to have shared the framework for answering the questions that was previously prepared by staff. However, it was held back while we discussed the best approach. You will receive these shortly. This means: · That Sidley are on stand-by in relation to the ICANN Bylaws work until the CWG has sorted out the questions asked by Sidley in the bylaws document. · Unless we hear any objections we will task Chuck, Avri and Donna to form some answers to be reviewed by the CWG. · Then CWG will get back to Sidley with the answers in order for Sidley to rework the bylaws. AOB Next call is the 12th of January at 16 UTC, where one of the issues will be the discussion of the IPR document drafted by the DT IPR. It is important that the CWG have a proper look at the IPR document, in particular the key questions / decision points raised in it before the next CWG meeting and ideally submit any comments by email before the next call. Happy holidays to all, Jonathan and Lise