[council] Reminder: Open Items from ICANN 79

[Pedro de Perdigão Lana]

Hi everyone!

Have we followed up with a position on this topic? Are we joining the GNSO
answer?

Cordially,

*Pedro de Perdigão Lana*
Advogado - OAB/PR 90.600 <https://www.sistemafiep.org.br/>,  Pesquisador (
GEDAI/UFPR <https://www.gedai.com.br/>)
Doutorando em Direito (UFPR), Mestre em Direito Empresarial (UCoimbra),
Membro da Coordenação - CC Brasil <https://br.creativecommons.net/>, ISOC BR
<https://isoc.org.br/> e IODA <https://ioda.org.br/>
Essa mensagem é restrita ao remetente e destinatário(s). Se recebida por
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Em sex., 22 de mar. de 2024 às 09:54, Tomslin Samme-Nlar <
mesumbeslin at gmail.com> escreveu:

> Hi Pedro,
>
> IPC's is still forming their position on the Bylaws amendment issue. See
> below:
>
> *Greg and Council:*
>
> * The IPC is still deciding on the bylaw amendment issue.  *
>
> * With respect to ATRT 4, the IPC supports a deferral.  *
>
>
>
> *Thanks*,
>
> In terms of arguments FOR broadening the scope of the Bylaws change from
> other communities, I personally haven't heard any except for those offered
> by the Board.
>
> Warmly,
> Tomslin
>
>
>
> On Fri, 22 Mar 2024 at 23:06, Pedro de Perdigão Lana <
> pedrodeperdigaolana at gmail.com> wrote:
>
>> Hi,
>>
>> Manju, I couldn't find the IPC position in the previous messages - could
>> you tell us what they are saying? In addition, does any SG/C already
>> present an argument for amending the bylaws to make them "more flexible" in
>> this topic? If yes, what was this argument? (sorry if this was already
>> discussed here or in the wrap-up council meeting, I can't remember what was
>> debated on this topic)
>>
>> This seems like a very sensitive issue, considering accountability
>> mechanisms have, by their nature, a crucial anti-circumstantial-majorities
>> finality - and the risk this represents to non-commercial also seems
>> substantially larger than to other SG/Cs.
>>
>> Cordially,
>>
>> *Pedro de Perdigão Lana*
>> Lawyer <https://www.sistemafiep.org.br/>, GEDAI/UFPR
>> <https://www.gedai.com.br/> Researcher
>> PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
>> Board Member @ CC Brasil <https://br.creativecommons.net/>, ISOC BR
>> <https://isoc.org.br/> and IODA <https://ioda.org.br/>
>> This message is restricted to the sender and recipient(s). If received by
>> mistake, please reply informing it.
>>
>>
>> Em sex., 22 de mar. de 2024 às 01:40, 陳曼茹 Manju Chen <manju at nii.org.tw>
>> escreveu:
>>
>>> Hi NCSG,
>>>
>>> I'd like to bring this to your attention and welcome opinions on NCSG's
>>> position.
>>>
>>> I'm sure you all remember the Board passing the resolution in ICANN78
>>> regarding Auction Proceeds, which is now known as the Grant Program. In its
>>> resolution, the Board attempted to contract around the fundamental
>>> accountability mechanisms found in the ICANN bylaws despite its approval of
>>> the CCWG on Auction Proceeds' recommendations to amend the Bylaw years ago.
>>>
>>> The resolution faced backlash from the community, after which the Board
>>> put forward the proposal of a broadening amendment of the Bylaw. This
>>> proposal is currently seeking public comment at
>>> https://www.icann.org/en/public-comment/proceeding/proposed-bylaws-updates-to-limit-access-to-accountability-mechanisms-27-02-2024
>>> .
>>>
>>> The GNSO Council discussed in ICANN79 whether to submit a Council
>>> response to this public proceeding. It was agreed to first understand each
>>> SG/Cs position and see if the positions are unified before deciding whether
>>> to submit the Council response. As you can see from below, both RrSG and
>>> IPC have shared their positions.
>>>
>>> *Action Item for NCSG*:
>>>
>>> Formulate an NCSG position and see if we want to join a GNSO-wide
>>> responseby 26 March.
>>>
>>>
>>> Best,
>>> Manju
>>>
>>>
>>> ---------- Forwarded message ---------
>>> From: DiBiase, Gregory via council <council at gnso.icann.org>
>>> Date: Fri, Mar 22, 2024 at 5:33 AM
>>> Subject: [council] Reminder: Open Items from ICANN 79
>>> To: COUNCIL at GNSO.ICANN.ORG <COUNCIL at gnso.icann.org>
>>>
>>>
>>> Dear Councilors,
>>>
>>> This is a follow up on the below email.
>>>
>>> *RE: the public comment on the bylaw amendment:*
>>>
>>> Leadership has not received feedback on any SG/C position. However, I
>>> can share the tentative RrSG position: the RrSG does not support broadening
>>> the original scope of the bylaws amendment beyond that contemplated in
>>> recommendation 7 of the CCWG AP (i.e. limiting removal of the
>>> accountability mechanisms just for the auction grant program). Among other
>>> things, the RrSG is concerned that this broadened scope vests undue power
>>> in CCWGs to disallow accountability mechanisms going forward by removing
>>> the community safeguard afforded by following a formal bylaws amendment.
>>>
>>> Given that Council would need a unified position to submit a public
>>> comment, I invite councilors to indicate whether their SG’s position may
>>> align with the RrSG’s position. Please provide feedback by 26 March to
>>> leave time to draft a comment. If not, I encourage SG’s to submit their own
>>> public comments (Council's role as a member of the Empowered Community is
>>> not strictly relevant at this stage -- a response is not strictly necessary
>>> now)
>>>
>>> *RE: ATRT4*
>>>
>>> Please note any objections to supporting a deferral of ATRT4. If there
>>> are none, a short letter will be sent by Council Leadership supporting a
>>> deferral at EOD 22 March.
>>>
>>>
>>>
>>> Thanks,
>>>
>>> Greg
>>>
>>>
>>>
>>>
>>>
>>> *From:* DiBiase, Gregory
>>> *Sent:* Thursday, March 14, 2024 7:02 AM
>>> *To:* COUNCIL at GNSO.ICANN.ORG
>>> *Subject:* Open Items from ICANN 79
>>>
>>>
>>>
>>> Dear Councilors,
>>>
>>> We are sending this “open items” email because several items require
>>> attention before our next scheduled meeting on April 18. Please see the
>>> action items listed below each issue.
>>>
>>> *CCWG Auction Proceeds; Public Comment on Bylaw Amendment*
>>>
>>> Deadline: 15 April 2024
>>>
>>> Material:
>>> https://www.icann.org/en/public-comment/proceeding/proposed-bylaws-updates-to-limit-access-to-accountability-mechanisms-27-02-2024
>>>
>>> Action Item: Designate Councilor to solicit feedback from your SG on
>>> whether they support the proposed amendment and help draft public comment
>>> from Council. We plan to submit a comment if we can reach a unified a
>>> position.
>>>
>>> *ATRT 4*
>>>
>>> Deadline: 22 March 2024
>>>
>>> Material: (letter from Theresa attached)
>>>
>>> Summary: Given the number of items still in progress from ATRT3 (pilot
>>> holistic review, CCOICI, actual holistic review), ICANN is asking for
>>> feedback on whether ARTRT 4 can be deferred.
>>>
>>> Action Item: Consult with your SGs to determine if there are any
>>> objections to supporting a deferral of ATRT4. If there are none, I think a
>>> relatively short letter can be sent by Council Leadership supporting a
>>> deferral.
>>>
>>> *Small Team Guidelines*
>>>
>>> Deadline: 18 April Council Meeting (but deadline can be moved if more
>>> discussion is warranted)
>>>
>>> Material:
>>> https://docs.google.com/document/d/1j5vDURSuz65R1gZxgxLKsK9H5cI_ux0YixAP9XhSgXg/edit
>>>
>>> Action Item: Review document and make any comments (please submit
>>> feedback in comment form so edits are easier to manage). We plan to submit
>>> a motion to adopt at April’s Council meeting.
>>>
>>> *GAC Liaison Guidelines*
>>>
>>> Deadline: 18 April Council Meeting (but deadline can be moved if more
>>> discussion is warranted)
>>>
>>> Material:
>>>
>>> Action Item: Review document and make any comments (please submit
>>> feedback in comment form so edits are easier to manage). We plan to submit
>>> a motion to adopt at the April’s meeting but recognize more discussion may
>>> be needed.
>>>
>>> *Proposed Amendment to Recommendation 7*
>>>
>>> Deadline: May 17 (after our April meeting), but we are including here
>>> because it is related (in subject matter) to the proposed bylaw amendment
>>> referenced above.
>>>
>>> Material: (letter from Tripti attached)
>>>
>>> Action Item: Consult with your SGs to determine if there are objections
>>> to the proposed revision of recommendation 7. We can discuss at our April
>>> meeting and prepare a response before the 17 May deadline.
>>>
>>>
>>>
>>> Thanks,
>>>
>>> Greg
>>>
>>>
>>> _______________________________________________
>>> council mailing list
>>> council at gnso.icann.org
>>> https://mm.icann.org/mailman/listinfo/council
>>>
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>>
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