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

matthew shears mshears
Sun Jul 31 16:26:52 EEST 2016


Thanks all (and for the clarifications).  As I have seen no objections I 
will be submitting these as NCSG comments later today.

Matthew


On 29/07/2016 22:04, Dr. Tatiana Tropina wrote:
> 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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>>>>>
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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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-- 

--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987

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