[council] FW: [gtld-council] GNSO Council Item 4: Proposed bylaws amendment to improve transparency with respect to contract approvals

["Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>]

-----Original Message-----
From: owner-gtld-council@xxxxxxxxxxxxxx
[mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Alistair DIXON
Sent: Tuesday, 17 October 2006 3:28 PM
To: gtld-council@xxxxxxxxxxxxxx
Cc: gnso.secretariat@xxxxxxxxxxxxxx; jnevett@xxxxxxxxxxxxxxxxxxxx
Subject: [gtld-council] GNSO Council Item 4: Proposed bylaws amendment
to improve transparency with respect to contract approvals

At the 28 September Council meeting, it was suggested that Jonathan
Nevett and I would provide proposed changes to the wording provided by
the General Counsel in relation to the proposal that the GNSO Council be
notified when there were changes in contract provisions made by ICANN
agreements.  As the 28 September meeting minutes note, at the the time
this proposal was originally made there was a suggestion to change
ARTICLE III: TRANSPARENCY in the bylaws
http://www.icann.org/general/archive-bylaws/bylaws-28feb06.htm#III
and to amend  Section 6  NOTICE AND COMMENT ON POLICY ACTIONS to add in
'policies or contracts'. On examination, the  General Counsel's office
suggested creating a new section 7 under the transparency article:

Notice and comment on gTLD agreement approvals
  "With respect to any proposed GTLD registry or registrar agreement
that includes material contractual provisions that substantially differ
from other past ICANN agreements, ICANN will notify the GNSO Council and
post the proposed agreement with a public comment forum on the ICANN
website at least twenty-one days (and if practical, longer) prior to any
final approval of the agreement."

Jonathan Nevitt and I have examined this wording and propose that
Council agree to the following new section 7 under the transparency
article:

Notice and comment on gTLD agreement approvals "With respect to any
proposed GTLD registry or registrar agreement that includes contractual
provisions that would have an effect materially different from other
past or current ICANN agreements, ICANN will notify the GNSO Council and
post the proposed agreement for public comment on the ICANN website at
least twenty-one days (and if practical, longer) prior to any final
approval of the agreement."


Alistair Dixon
Industry and Regulatory Affairs

Ph +64 4 920 3098 (Wellington)         Telstra Clear Ltd
Ph +64 29 912 4301 (mobile)            PO Box 1271
Ph +64 9 912 4301 (Auckland)           Centreport
Fax +64 4 920 3588                     Wellington

alistair.dixon@xxxxxxxxxxxxxxxxxxxxxxx