[Internal-cg] bylaws feedback

Mueller, Milton L milton at gatech.edu
Mon Apr 11 20:04:32 UTC 2016

If you don't mind I will just forward your message to the bylaws and CWG lists. 
If there is some other way you want me to do this, please let me know.


> -----Original Message-----
> From: Internal-cg [mailto:internal-cg-bounces at ianacg.org] On Behalf Of
> Alissa Cooper
> Sent: Monday, April 11, 2016 1:49 PM
> To: IANA etc etcCoordination Group <internal-cg at ianacg.org>
> Subject: [Internal-cg] bylaws feedback
> I have looked a bit at the draft bylaws and I’d like to ask Kavouss and Milton
> to bring the following issue back to the bylaws drafting group:
> Section 1.1(d)(ii) incorporates by reference a number of documents external
> to the bylaws as a means to prevent challenges on the basis that those
> documents conflict with or violate the bylaws. In particular, bullet (D) applies
> this provision to "the IANA Naming Function Contract between ICANN and
> PTI effective [October 1, 2016]."
> Given the ICG's historical encouragement of the community to meet
> timelines necessary for a successful transition, I find this provision to be
> extremely problematic. It incorporates a reference to a document that does
> not exist yet and that is unlikely to be completed by the time the bylaws are
> supposed to be done (early June). In fact, it is not even clear at this point
> whether the new ICANN affiliate to be setup will be name "PTI" or have
> some other name. I don't understand how anyone can reason about
> whether 1.1(d)(ii) is an acceptable bylaws provision if it references a
> document that has not been written. (This also applies to (B) and (C) since it
> could apply to future documents that haven’t been written yet.)
> Furthermore, I question whether it is a sound decision to essentially allow for
> documents external to the bylaws to be able to modify the bylaws (under
> (F)). This section would make more sense if it was entirely internally
> specified, without the references to external documents. At a minimum, I
> think we should recommend that (D) be removed.
> Thanks,
> Alissa
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