[PC-NCSG] Drafting group on PTI issues - upcoming public comments

Sat Jul 30 00:04:34 EEST 2016

Matthew,

Great job. I support.

Thanks a lot for taking the lead on this!

Cheers
Tanya

On 29/07/16 19:03, matthew shears wrote:
>
> Hi
>
> Please find attached proposed draft NCSG comments on the PTI AoI. 
> Thanks to those who proposed comments.   I have tried to account for
> various views and inputs.  Some of the comments might be considered
> contentious.
>
> Consider this a call for consensus.
>
> For the person who submitted a comment on article 10 please address
> the comment in the attached document on Code references - thanks.
>
> If there are concerns/questions, etc. with this submission please come
> back to the list and/or to me, Marilia or David asap.
>
> Many thanks.
>
> Matthew
>
>
> On 27/07/2016 11:39, matthew shears wrote:
>>
>> Hi all
>>
>> Please review and add to the comments on the PTI Articles of
>> Incorporation as I will be wrapping them up tomorrow (the 28th) and
>> circulating for consensus.
>>
>> Thanks!
>>
>> Matthew
>>
>>
>> On 22/07/2016 16:48, matthew shears wrote:
>>>
>>> Thanks Marilia.
>>>
>>> I have set up a google doc for comments/drafting etc.:
>>>
>>> https://docs.google.com/document/d/19a1YqSnQ-QFBQF1Im0cnHKMeW8RAEBChdJgp6q6wAs4/edit?usp=sharing
>>>
>>> I have entered some additional points on the draft PTI AoI for your
>>> consideration as that is the most imminent deadline.
>>>
>>> Best.
>>>
>>> Matthew
>>>
>>> On 22/07/2016 09:21, Marilia Maciel wrote:
>>>> Dear all,
>>>>
>>>> In this week's NCSG policy committee call we discussed the upcoming
>>>> public comments. The most outstanding issue ahead of us is
>>>> definitely the post transition IANA (PTI). There are three upcoming
>>>> public comment periods related to this issue:
>>>>
>>>> 31/07: Draft PTI Articles of Incorporation
>>>> https://www.icann.org/public-comments/draft-pti-articles-incorporation-2016-07-01-en
>>>>
>>>> 07/08: PTI Governance Documents
>>>> https://www.icann.org/public-comments/pti-governance-documents-2016-07-08-en
>>>>
>>>> 11/08: Draft PTI Bylaws
>>>>  https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en
>>>>
>>>> We agreed that, in order to save time and efforts, the best
>>>> approach would be to create an NCSG drafting team to work on these
>>>> PTI consultations. Matthew Shears volunteered to be the
>>>> facilitator, but we definitively need the inputs and experience of
>>>> others in our group. Matt will guide us through the next steps. He
>>>> already started the conversation about a week ago (please refer to
>>>> his previous message below).
>>>>
>>>> Please step forward if you can assist on this important task. 
>>>>
>>>> All the best wishes,
>>>> Marilia
>>>>
>>>> ---------- Forwarded message ----------
>>>> From: *matthew shears* <mshears at cdt.org <mailto:mshears at cdt.org>>
>>>> Date: Thu, Jul 14, 2016 at 1:05 PM
>>>> Subject: [PC-NCSG] PTI bylaws - items for possible discussion
>>>> To: PC-NCSG <pc-ncsg at ipjustice.org <mailto:pc-ncsg at ipjustice.org>>
>>>>
>>>>
>>>> Hi all
>>>>
>>>> Quickly reading through the proposed PTI by-laws (circulated to the
>>>> CWG yesterday and on the ICANN website
>>>> https://www.icann.org/en/system/files/files/draft-pti-bylaws-12jul16-en.pdf
>>>> ) I note the following (BUT I am sure that I have missed some
>>>> points worthy of discussion):
>>>>
>>>> 1.    principal office issue (Art 2)
>>>>
>>>> "The principal office for the transaction of the business of the
>>>> Corporation may be established at any place or places within or
>>>> without the State of California by resolution of the Board.  The
>>>> Board may at any time establish branch or subordinate offices at
>>>> any place or places where the Corporation is qualified to transact
>>>> business."
>>>>
>>>> Q.  Why would the power to determine the principal office of PTI
>>>> not be subject to the same rules as for ICANN's place of business -
>>>> if there is a change surely the empowered community should have a
>>>> say, and not just the PTI Board (assuming Board in the article
>>>> means PTI Board)?   We have the EC involved significantly in the
>>>> decision-tree for PTI - why not in determining its place of
>>>> business as we do for ICANN itself?
>>>>
>>>> 2.    purpose of PTI (art 3)
>>>>
>>>> "The specific purpose of the Corporation is to operate exclusively
>>>> for the benefit of, to perform the functions of and to carry out
>>>> the purposes of the Internet Corporation for Assigned Names and
>>>> Numbers (?*ICANN*?)."
>>>>
>>>> Q. I thought that the purpose of the PTI subsidiary was to perform
>>>> the IANA functions pursuant to the inter-company contract
>>>> established between ICANN and PTI?
>>>>
>>>>
>>>> 3.    Removal of Director (Art 5.6.2) - isn't the first sentence in
>>>> contradiction with the other three paras?  it says may be removed
>>>> w/out cause but then lists the causes....  May be this is just
>>>> legalese....
>>>>
>>>>
>>>> 4.  Responsibilities of officers (Art 7.6.1) - role of President. 
>>>> Given that we are suggesting that the Chair of the Board be, as is
>>>> possible, nominated to the ICANN Board by the nominating committee
>>>> - do we really want the President - who will be an ICANN appointee
>>>> (typically the manager of the IANA functions) - to assume the role
>>>> of Chairperson in the latter's absence?  Why would we not suggest
>>>> that the other nominating committee appointed Director be the
>>>> replacement if the Chair is absent to ensure a balance of
>>>> interests/independence?
>>>>
>>>> These bylaws are now also up for public comment:
>>>>
>>>> https://www.icann.org/public-comments/draft-pti-bylaws-2016-07-12-en
>>>>
>>>> Matthew
>>>> --------------
>>>> Matthew Shears
>>>> Global Internet Policy and Human Rights
>>>> Center for Democracy & Technology (CDT)
>>>> + 44 771 2472987 <tel:%2B%2044%20771%202472987>
>>>>
>>>>
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>>>
>>> -- 
>>>
>>> --------------
>>> Matthew Shears
>>> Global Internet Policy and Human Rights
>>> Center for Democracy & Technology (CDT)
>>> + 44 771 2472987
>>
>> -- 
>>
>> --------------
>> Matthew Shears
>> Global Internet Policy and Human Rights
>> Center for Democracy & Technology (CDT)
>> + 44 771 2472987
>
> -- 
>
> --------------
> Matthew Shears
> Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> + 44 771 2472987
>
>
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