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[council] Discussion Item: Changes to ICANN Bylaws
- To: "'GNSO Council (council@xxxxxxxxxxxxxx)'" <council@xxxxxxxxxxxxxx>
- Subject: [council] Discussion Item: Changes to ICANN Bylaws
- From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- Date: Thu, 6 Jun 2013 15:29:34 +0000
- Accept-language: en-US
- Cc: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- List-id: council@xxxxxxxxxxxxxx
- Sender: owner-council@xxxxxxxxxxxxxx
- Thread-index: Ac5ix2BPF5G3p19DQDygqwXdlZxySA==
- Thread-topic: Discussion Item: Changes to ICANN Bylaws
All,
In the rationale used in the BGC's recommendation against the NCSG's
Reconsideration Request, the BGC argues that:
"There is no defined policy process within ICANN that requires Board or staff
consultation with the GNSO Council if the Board or staff is acting in
contravention to a statement made by the GNSO Council outside of the Policy
Development Process. Therefore, even if staff's action here was in direct
contravention to the GNSO Council statement in a letter, the Bylaws requirement
for consultation does not apply..."
Technically and legally, the BGC is correct. As much as this goes against the
very nature of the multi-stakeholder model (and frankly the message ICANN
delivers to the world), the ICANN Board/staff is free to ignore the GNSO
Council (and thus has no accountability for these actions). This is true
despite the fact that the Bylaws also state: "There shall be a
policy-development body known as the Generic Names Supporting Organization
(GNSO), which shall be responsible for developing and recommending to the ICANN
Board substantive policies relating to generic top-level domains." Therefore,
what the BGC is telling us is that despite the fact that the Bylaws charges the
GNSO with developing and recommending substantive policies, it can ignore the
GNSO community at any time if the issue did not go through a formal PDP.
I personally believe that is broken. Therefore, I would like for the Council
to consider recommending to the ICANN Board a change to the Bylaws for an
additional measure of accountability that at a minimum would require some form
of consultation if the GNSO Council (on behalf of the GNSO Community) issues a
recommendation or develops policy outside of a formal PDP. As the former chair
of the PDP Working Group that helped revise the PDP process, I can tell you
that we were encouraged by the community to allow other mechanisms for
developing policy outside of formal PDPs. We spent countless hours on this
very topic. Yes, if it does not go through a formal PDP, it may not trigger a
2/3 Board vote to overturn the recommendation, but it was never our intention
that after going through that process, the Board to IGNORE the GNSO Community.
At a time when the community is trying to find ways to develop policies outside
of the stringent PDP, this is NOT an incentive for doing that.
Therefore, I would like to see the following changes made to the Bylaws (no
pride in authorship here...so feel free to suggest other words). This is
language that is VERY similar to the language the GAC has in the Bylaws:
The substantive policies and recommendations of the Generic Names Supporting
Organization relating to generic top-level domains shall be duly taken into
account, both in the formulation and adoption of policies, whether or not the
policy development process as set forth in Article X, section 6 were followed.
In the event that the ICANN Board determines to take an action that is not
consistent with the GNSO policies or recommendations, it shall so inform the
GNSO and state the reasons why it decided not to follow that advice. The GNSO
and the ICANN Board will then try, in good faith and in a timely and efficient
manner, to find a mutually acceptable solution. If no such solution can be
found, the ICANN Board will state in its final decision the reasons why the
GNSO recommendations or policies were not followed.
If the multi-stakeholder model truly has any meaning, I view these changes as
non-controversial and essential to preserve what so many have so long been
advocating.
Thanks.
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
46000 Center Oak Plaza, Sterling, VA 20166
Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 /
jeff.neuman@xxxxxxxxxxx<mailto:jeff.neuman@xxxxxxxxxxx> /
www.neustar.biz<http://www.neustar.biz/>
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