[council] RE: For Consideration and Discussion: GNSO Obligations in the Revised ICANN Bylaws

[Phil Corwin <psc@xxxxxxxxxxx>]

Thanks Julie.

That’s a lot to assimilate, and the document should be helpful in that regard.

Best, Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: owner-council@xxxxxxxxxxxxxx [mailto:owner-council@xxxxxxxxxxxxxx] On 
Behalf Of Julie Hedlund
Sent: Tuesday, June 14, 2016 11:03 AM
To: council@xxxxxxxxxxxxxx
Subject: [council] For Consideration and Discussion: GNSO Obligations in the 
Revised ICANN Bylaws

Dear GNSO Councilors,

Following the discussion at the GNSO Council meeting on 12 May on the draft 
revised ICANN Bylaws and the IANA Transition, staff conducted a detailed review 
and analysis of the final revised ICANN Bylaws with respect to GNSO 
obligations.  This analysis, attached for your reference as a table (in Word 
and PDF), could provide guidance on where new GNSO operating procedures may be 
necessary, where it appears that existing procedures may apply, and where no 
action is necessary.  Please note, however, that the attached table is subject 
to further updates pending final checks against the Bylaws.

This analysis also could help guide a discussion at the Monday, 27 June GNSO 
meeting in Helsinki and for planning possible next steps.  These steps could 
include approval of a follow-up mechanism, such as a Drafting Team that could 
work with staff to fully identify all the new or additional rights and 
responsibilities that the GNSO has, and develop new or modified procedures (as 
necessary) to fully implement the revised Bylaws.

As noted in the attached analysis the revised ICANN Bylaws contain a number of 
new provisions that may require the GNSO Council and community to develop 
additional mechanisms to address certain new obligations and allow for the 
GNSO’s effective participation in the Empowered Community that is to be created 
as a result of the IANA stewardship transition, as well as to ensure continuity 
of GNSO processes in other matters.  In the attached table, the staff analysis 
grouped the obligations as follows:

1.       Obligations of the GNSO as a Decisional Participant of the Empowered 
Community;
2.       Engagement in the new Customer Standing Committee; and
3.       New or existing procedures relating to voting thresholds.

The details concerning how the Empowered Community exercises its powers in all 
the areas where these powers apply are contained in Annex D Empowered Community 
Mechanisms of the revised Bylaws.  This Annex provides step-by-step 
descriptions of these mechanisms.  Because of the complexity of Annex D, staff 
is conducting a separate analysis of the Annex in order to determine whether 
possible new GNSO procedures may apply and whether they can be grouped 
according to type of obligation or procedure.

We look forward to your consideration of this analysis and any assistance we 
can provide for the subsequent discussion, as well as for planning next steps.

Kind regards,
Julie

Julie Hedlund, Policy Director