[PC-NCSG] Restated AoI public comment

[Matthew Shears]

Hi all

https://www.icann.org/public-comments/draft-restated-articles-incorporation-2016-05-27-en

Closing date: 6 July

Just drawing this to your attention and proposing some brief text for a 
possible comment:

    Thank you for the opportunity to contribute comments on the restated
    AoI.

    One of the purposes of reviewing and restating of the Articles of
    Incorporation is to ensure that they are consistent with and reflect
    the intent and purpose of the new Bylaws.

    One particular issue where the restated AoI do not reflect the
    language nor the intent of the new Bylaws relates to the issue of
    global pubic interest or GPI.

    In the new bylaws, section new bylaws 1.2 (b) Core Value (ii), we
    find the following text:

    /(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 interest*//and that
    those processes are accountable //and transparent;/

    However, in the restated Articles of Incorporation Article 2, we
    find the following text:

    /... 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 new Bylaws state that the the global public interest should (the
    actual word is "to ensure") be ascertained through multistakeholder
    policy development processes.  In the restated AoI global public
    interest "may be determined from time to time" through a
    multistakeholder community process.  The language in the restated
    AoI is far from adequate and in no way reflects the intent of the
    new Bylaws.   This 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...".

    Etc.

Or words to this effect.  Thoughts/new text/comments very welcome. 
Please review the new Bylaws and restated AoI texts so as to ensure that 
the above proposal is appropriate.

Matthew

-- 

Matthew Shears | Director, Global Internet Policy & Human Rights Project
Center for Democracy & Technology | cdt.org
E: mshears at cdt.org | T: +44.771.247.2987

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