[PC-NCSG] Fwd: Re: [CCWG-ACCT] Public comment on draft Articles of Incorporation? FINAL TEXT

Wed Jul 6 23:02:25 EEST 2016

Matt, count one vote from me, too. As you know I had a look at the doc
and I am comfortable with the final version you sent us!

Thanks for your efforts!

Cheers

Tanya

On 06/07/16 21:23, Tapani Tarvainen wrote:
> Yes. No need for full consensus on the PC.
>
> And one vote in favour from me.
>
> Tapani
>
> On Wed, Jul 06, 2016 at 03:17:14PM -0400, avri doria (avri at apc.org) wrote:
>
>> Hi,
>>
>> Just an observer mind you, but if you can collect a sufficient number of
>> PC members saying ok now, i think you can send it as NCSG.
>>
>> I recommend you ship it as NCSG.
>>
>> The other option is send it as personal and follow up tomorrow with and
>> NCSG note saying we support it.
>>
>> But the first option is better.
>>
>> avri
>>
>>
>>
>>
>> On 06-Jul-16 13:49, matthew shears wrote:
>>> Hi all,
>>>
>>> Some of the PC have kindly looked at the text and made comments. 
>>> However there was no call for consensus on this (my mistake) not has
>>> there been a great deal of interest. 
>>>
>>> The deadline for filing is tonight 23:59 UTC.  Below is the final
>>> draft text.  I feel this is important to file - however I am not sure
>>> that it is possible to do so as NCSG due to not following the process
>>> or calling for consensus. 
>>>
>>> One option would be for individuals of the NCSG PC to sign on.  I
>>> welcome your thoughts.
>>>
>>> ----------------------
>>>
>>> Contribution to the public comment on the Draft Restated ICANN
>>> Articles of Incorporation - 6 July 2016.
>>>
>>>
>>>
>>>
>>> Thank you for the opportunity to contribute comments on the restated
>>> Articles of Incorporation .
>>>
>>>
>>> One of the purposes of reviewing and restating of the Articles of
>>> Incorporation (AoI) is to ensure that they are consistent with and
>>> reflect the intent and purpose of the new Bylaws.
>>>
>>>
>>> However, we found one particular issue related to the issue of global
>>> public interest or GPI where the restated AoI do not reflect the
>>> language nor the intent of the new Bylaws .
>>>
>>>
>>> Section 1.2 (b) Core Value (ii) of the new bylaws states (our
>>> highlighting):
>>>
>>>
>>> (ii) Seeking and supporting broad, informed participation reflecting
>>> the functional, geographic, and cultural diversity of the Internet at
>>> all levels of policy development and decision-making to ensure that
>>> the bottom-up, multistakeholder policy development process is used to
>>> ascertain the global public interestand that those processes are
>>> accountable and transparent;
>>>
>>>
>>> However, Article 2 of the the restated Articles of Incorporation states:
>>>
>>>
>>> ... In furtherance of the foregoing purposes, and in recognition of
>>> the fact that the Internet is an international network of networks,
>>> owned by no single nation, individual or organization, the Corporation
>>> shall, except as limited by Article 4 hereof, pursue the charitable
>>> and public purposes of lessening the burdens of government and
>>> promoting the global public interest in the operational stability of
>>> the Internet, as such global public interest may be determined from
>>> time to time by the multistakeholder community through an inclusive
>>> bottom-up multistakeholder community process, by carrying out the
>>> mission set forth in the bylaws of the Corporation (?Bylaws?).
>>>
>>>
>>> The language in the restated AoI is far from adequate and in no way
>>> reflects the intent of the CCWG plan as expressed in  the new Bylaws.
>>> The new Bylaws are designed to ensure that the global public interest
>>> will be ascertained through bottom-up multistakeholder policy
>>> development processes. To the contrary, in the restated AoI, global
>>> public interest "may be determined from time to time" through a
>>> multistakeholder community process.  This inconsistency should be
>>> addressed in the restated AoI through replacing "may be determined
>>> from time to time by the multistakeholder community..." with "shall be
>>> determined by the multistakeholder community..!" if we are to bring
>>> the AoI in conformity with the Bylaws.
>>>
>>>
>>> We look forward to this issue being addressed in the final version of
>>> the restated Articles of Incorporation.
>>>
>>> -------------------------------------------------------
>>>
>>> Thanks.
>>>
>>> Matthew
>>>
>>>
>>>
>>> On 06/07/2016 03:03, Stephanie Perrin wrote:
>>>> I made a few grammaticals, likely am late for the train.  Showing as
>>>> anonymous.  Thanks for doing this, it is a very important point.
>>>>
>>>> Stephanie
>>>>
>>>>
>>>> On 2016-07-04 18:22, matthew shears wrote:
>>>>> Dear all
>>>>>
>>>>> I would draw your attention to the message below from one of our
>>>>> members and to the proposed comments I had circulated earlier
>>>>> through Trello and spearately.  At a minimum I believe that NCSG
>>>>> should comment on the issues related to GPI, as stated in the
>>>>> proposed draft text here in this google doc:
>>>>>
>>>>> https://docs.google.com/document/d/1_0L_c5vCdksJ9TVzfCDoN5OesxJLiRmLwyqQtdLBdrY/edit?pref=2&pli=1
>>>>>
>>>>> I look foward to your comments on this particular point and on any
>>>>> others related to the restated AoI you may wish to raise.  Please
>>>>> comment directly in the google doc.
>>>>>
>>>>> The restated articles are here:
>>>>>
>>>>> https://www.icann.org/en/system/files/files/draft-restated-articles-incorporation-25may16-en.pdf
>>>>>
>>>>> The full consultation details can be found here:
>>>>>
>>>>> https://www.icann.org/public-comments/draft-restated-articles-incorporation-2016-05-27-en
>>>>>
>>>>> Thanks for your contributions.
>>>>>
>>>>> Matthew
>>>>>
>>>>>
>>>>>
>>>>> -------- Forwarded Message --------
>>>>> Subject: 	Re: [CCWG-ACCT] Public comment on draft Articles of
>>>>> Incorporation?
>>>>> Date: 	Mon, 4 Jul 2016 21:42:05 +0000
>>>>> From: 	Schaefer, Brett <Brett.Schaefer at heritage.org>
>>>>> To: 	Thomas Rickert <thomas at rickert.net>
>>>>> CC: 	Accountability Cross Community
>>>>> <accountability-cross-community at icann.org>
>>>>>
>>>>>
>>>>>
>>>>> Thomas,
>>>>>
>>>>> As stated in our public comment, I am concerned about the ambiguity
>>>>> of the AoI text on the global public interest. As I sent to the list
>>>>> last Sunday, I do not believe that Samantha's new text on the global
>>>>> public interest addresses the concerns raised in the June 20 call.
>>>>> Specifically, that the proposed phrasing leaves open the possibility
>>>>> that the GPI could at times be determined by non-bottom up
>>>>> multi-stakeholder process. 
>>>>>
>>>>> I suggest that the CCWG request the following text instead of
>>>>> Samantha's text circulated last Sunday: _as such the global public
>>>>> interest shall be determined by the multistakeholder community
>>>>> through an inclusive bottom-up multistakeholder community process
>>>>> consistent with the mission set forth in the bylaws of the
>>>>> Corporation (?*Bylaws*?)._
>>>>>
>>>>> I believe that this text would remove any ambiguity about how GPI is
>>>>> determined. 
>>>>>
>>>>> I understand that this would be more controversial and not
>>>>> necessarily legally necessary, but I think that the AoI would be
>>>>> clearer if "organized" were replaced by "incorporated" or "organized
>>>>> and incorporated" and the location of the headquarters was inserted. 
>>>>>
>>>>> Best,
>>>>>
>>>>> Brett
>>>>>
>>>>> __________
>>>>>
>>>>> On Jul 4, 2016, at 3:57 PM, Thomas Rickert <thomas at rickert.net> wrote:
>>>>>
>>>>>> Dear all,
>>>>>> it was good to see many of you in Helsinki and I hope that you had
>>>>>> safe trips back home. 
>>>>>>
>>>>>> We discussed the draft Articles of Incorporation during our last
>>>>>> telco and agreed that Sam would send additional information to the
>>>>>> list and all of us would then consider further whether or not all
>>>>>> concerns have been removed.
>>>>>>
>>>>>> Thanks to Sam for providing more information in the meantime. 
>>>>>>
>>>>>> With the end of the public comment period approaching rapidly, I
>>>>>> would now like those of you who think we should raise concerns with
>>>>>> a CCWG comment to write to the list within the next 24 hours (until
>>>>>> 20.00 UTC on July 5th). Should any concerns raised get ssufficient
>>>>>> traction to be considered a CCWG position, we will prepare a
>>>>>> comment on that basis.  
>>>>>>
>>>>>> In any case, we will issue a brief CCWG comment supporting the
>>>>>> draft either unconditionally or with any additional CCWG comments
>>>>>> there might be based on the approach described above.
>>>>>>
>>>>>> Thanks and kind regards,
>>>>>> Thomas
>>>>>>
>>>>>> ---
>>>>>> rickert.net <http://rickert.net>
>>>>>>
>>>>> ------------------------------------------------------------------------
>>>>> BrettSchaefer
>>>>> Jay Kingham Senior Research Fellow in International Regulatory Affairs
>>>>> Margaret Thatcher Center for Freedom Davis Institute for National
>>>>> Security and Foreign Policy
>>>>> The Heritage Foundation
>>>>> 214 Massachusetts Avenue, NE
>>>>> Washington, DC 20002
>>>>> 202-608-6097
>>>>> heritage.org <http://heritage.org/>
>>>>>> _______________________________________________
>>>>>> Accountability-Cross-Community mailing list
>>>>>> Accountability-Cross-Community at icann.org
>>>>>> <mailto:Accountability-Cross-Community at icann.org>
>>>>>> https://protect-us.mimecast.com/s/ar94B3IW62RuD
>>>>>> <https://mm.icann.org/mailman/listinfo/accountability-cross-community>
>>>>>
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>>>>>
>>>>>
>>>>> _______________________________________________
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>>>>
>>>>
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>>> -- 
>>>
>>> --------------
>>> Matthew Shears
>>> Global Internet Policy and Human Rights
>>> Center for Democracy & Technology (CDT)
>>> + 44 771 2472987
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