[ga] Retroactive Application of ICANN 2009 Bylaws on the GA

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

The ICANN BoD is specifically leaving the GA alone. Denise, Rod, Chuck and Avri 
this remedial overview is for you.  The real kicker is 2nd from the bottom.
 
Generally speaking when something is amended, it is only changed as to those 
matters particularly and articulately addressed.
 
Generally speaking if something is titled the "amended" then that new amended 
document is the whole document.  Clearly good "legal" process demands the 
appropriate addressing of all matters to be altered in any way. ie. 
resolutions, redlining, bluelining, notice, etc.
 
Here are the bylaws that established the continuation of the GA.
http://www.icann.org/en/general/archive-bylaws/bylaws-28feb06.htm#XX
This mandate has never, subsequently been altered.
 
Here are the posted existing bylaws; 
http://www.icann.org/en/general/bylaws.htm#X
These do not address the pre-existing GA and mandates there about.
 
Here are the proposed "amendments" to the ICANN bylaws.
http://icann.org/en/announcements/announcement-03aug09-en.htm ; Note they are 
entitled: Proposed Bylaw Amendments Related to GNSO Restructuring (Version 2)
These proposed "amendments to" do not address the GA.
 
Here is a dandy discussion on how certain matters apply and how others do not:
http://www.wwtld.org/meetings/cctld/20031026.CENTR-LR-StephanWelzel.pdf
 
Here is an excellent 1999 discussion of the at-large amendments to the by-laws.
http://faculty.law.wayne.edu/Weinberg/bylaws.htm
 
It is clear that these new amendments specifically address the conduct and 
process of the GNSO and attached Council. It is very clear that the BoD and 
lawyers are aware of the GA and the council resolutions regarding the GA.  
Therefor it is perfectly clear that the BoD in adopting these new bylaws is not 
changing the requirements of maintaining the GA.  There has never been an open 
forum or comment period on removing or abandoning the GA because it has never 
been proposed until now, and only as threats or excuses for lack of compliance. 
The finger is being pointed down by those who have failed from above.
 
(In case your wondering, yes I have a degree in linguistic philosophy and am 
perfectly able to read the meaning of words and interpret what they restrict 
and allow and command.. Cogito Ergo Sum.)