Dear Heather and DT members,
FYI concerning the below message. Staff felt it would be helpful to provide some context on this activity to the GNSO Council and to remind them of the importance of the work of the Drafting Team.
Kind regards,
Julie
From: council <council-bounces@gnso.icann.org> on behalf of Julie Hedlund <julie.hedlund@icann.org>
Date: Friday, July 12, 2019 at 1:36 PM
To: "council@gnso.icann.org" <council@gnso.icann.org>
Subject: Re: [council] 11 July Update - Fundamental Bylaws Amendment Proposal -- IANA Naming Function Review
Dear GNSO Councilors,
Staff thought it might be helpful to provide some context concerning this item below in the ICANN Community Leadership Digest: “Fundamental Bylaws Amendment Proposal -- IANA Naming Function Review” and to explain the GNSO’s role as a Decisional
Participant in the Empowered Community.
The item in the digest references an open public comment forum:
https://www.icann.org/public-comments/bylaws-amend-iana-naming-function-2019-06-10-en [icann.org]. The purpose of the forum, which closes on 26 July 2019, is:
to obtain community input on a proposed change to Bylaws Section 18.7(b), regarding the IANA Naming Function Review Team's Composition. The proposed amendment was raised by the ccNSO, which has identified a current
and ongoing issue with populating the IANA Naming Function Review in accordance with the Bylaws' requirements. The Board, taking on the ccNSO's request, agreed to initiate the Fundament Bylaws amendment process (specified Section 25.2 of the Bylaws) to seek
community input on the ccNSO's proposed modifications to the composition requirements. The amendment would remove the requirement for the ccNSO to identify a non-ccNSO member ccTLD representative and instead allow the ccNSO to appoint three representatives
to the team, regardless of ccNSO member status.
The GNSO’s role in this process as a Decision Participant in the Empowered Community is noted in the public comment forum announcement [emphasis added]: “The ICANN Board will consider public comments received in evaluating the proposed
Amendment. If the Board approves a Fundamental Bylaws change, the ICANN Empowered Community will then need to consider whether to approve the amendment as well.”
The Empowered Community has a role in approval actions as described in Annex D EC Mechanism, Section 1.1 Approval Actions. There are three actions that require approval:
- Fundamental Bylaw Amendments, as contemplated by
Section 25.2 of the Bylaws;
- Articles Amendments, as contemplated by
Section 25.2 of the Bylaws; and
- Asset Sales, as contemplated by
Article 26 of the Bylaws.
As the change requested by the ccNSO is an amendment to the Fundamental Bylaws, it requires consideration by the Empowered Community as to whether to approve the amendment. If the Board decides to approve the Fundamental Bylaws change
that will trigger Section 1.3 of Annex D, Approval Action Community Forum. In anticipation of Board approval, an Approval Action Community Forum is tentatively planned for ICANN66 (if requested, the Forum occurs either within 30 days of the Board’s approval,
or at the next scheduled ICANN meeting).
As you may know, the GNSO Council has re-established a
Drafting Team that is developing guidelines for the GNSO’s roles and obligations as a Decisional Participant in the Empowered Community. According to its
timeline, the Drafting Team anticipates providing all guidelines and templates to the GNSO Council to review by October 2019. However, the Drafting Team expects to complete its review of the guidelines and templates for Section 1.3 of the Bylaws, the Approval
Action Community Forum, by 24 July 2019. In any case, those guidelines will be available to guide the GNSO’s engagement in the Approval Action Community Forum at ICANN66 and its decision whether or not to approve the Fundamental Bylaws Amendment via a simple
majority vote on a motion according to the deadline of 21 days following the end of the Forum.
This Approval Action will afford the GNSO Council the first opportunity to act in its role as a Decisional Participant using the guidelines and templates developed by the Drafting Team. If the GNSO Council would like a short briefing on
this issue at its meeting on 18 July there is time allotted in the agenda under Any Other Business. In addition, please feel free to direct any questions you may have for staff to this list.
Kind regards,
Julie
Julie Hedlund, Policy Director
From: council <council-bounces@gnso.icann.org> on behalf of Nathalie Peregrine <nathalie.peregrine@icann.org>
Date: Thursday, July 11, 2019 at 10:01 AM
To: "council@gnso.icann.org" <council@gnso.icann.org>
Subject: [council] [ICANN Community Leaders] 11 July Update
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