[PC-NCSG] Fwd: Re: [CCWG-ACCT] Public comment on draft Articles of Incorporation? FINAL TEXT
matthew shears
mshears
Thu Jul 7 01:02:11 EEST 2016
Ed,
These comments were just submitted. If you insist I will call them back.
The issue is "may" associated with "from time to time" - not just the
"may". In the other instancies (the other times) who detemines GPI?
And whether we like it or not there is a langauge inconsistency between
the Bylaws and AoI.
Matthew
On 06/07/2016 22:52, Edward Morris wrote:
> Hi everyone,
>
> I oppose submission of this comment.
>
> 'Shall' has a very specific definitional quality in California law and
> I would be very concerned it would be read by an IRP or court to
> require not only creation of a hard definition of GPI (which I oppose)
> but for it to arguably be done on a regular or periodic basis. 'May'
> gives the community added flexibility and does not, in my opinion,
> create a possibility that the GPI could be established in other ways
> opposed by the community. To those who believe otherwise please give
> an example of where this is positively stated in
> the Bylaws or AoI. It isn't.
>
> Neither definition is perfect but the current proposal in my view is
> better than the proposed substitution.
>
> Best,
>
> Ed
>
> Sent from my iPhone
>
> On 6 Jul 2016, at 18:50, matthew shears <mshears at cdt.org
> <mailto:mshears at cdt.org>> 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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>>
>> --
>>
>> --------------
>> Matthew Shears
>> Global Internet Policy and Human Rights
>> Center for Democracy & Technology (CDT)
>> + 44 771 2472987
>>
>>
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--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
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