Showing posts with label ICANN Bylaws. Show all posts
Showing posts with label ICANN Bylaws. Show all posts

2016-06-14

FIFA Corruption Scandal A Warning for ICANN Post IANA Transition (video)

FIFA Officials Allegedly Paid Themselves $80 Million in Bonuses:

A FIFA (domain name: FIFA.com) corruption investigation revealed former president Seth Blatter and two other former executives allegedly paid each other bonuses totaling $80 million over the past five years. Video published June 6, 2016 by WSJ.com.
"Most [ICANN] staff members participate in the at-risk [Bonus] compensation program. Senior management determines which staff members will be eligible to participate, and the level of that participation. The Board has approved a framework whereby staff members are eligible to earn an at-risk payment of up to 20 percent of base compensation as at-risk payment based on role and level in the organization, with certain senior executives eligible for 30 percent."--ICANN Staff Remuneration Practices as of 1 January 2016 (embedded in full at the bottom of this post) (emphasis added)
ICANN Bylaws ARTICLE XIV: INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS: "ICANN shall, to maximum extent permitted by the CNPBCL [California Nonprofit Public Benefit Corporation Law], indemnify each of its agents against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of the fact that any such person is or was an agent of ICANN, provided that the indemnified person's acts were done in good faith and in a manner that the indemnified person reasonably believed to be in ICANN's best interests and not criminal. For purposes of this Article, an "agent" of ICANN includes any person who is or was a Director, Officer, employee, or any other agent of ICANN (including a member of any Supporting Organization, any Advisory Committee, the Nominating Committee, any other ICANN committee, or the Technical Liaison Group) acting within the scope of his or her responsibility; or is or was serving at the request of ICANN as a Director, Officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise. The Board may adopt a resolution authorizing the purchase and maintenance of insurance on behalf of any agent of ICANN against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such, whether or not ICANN would have the power to indemnify the agent against that liability under the provisions of this Article." (emphasis added)

Office of the Attorney General | State of California - Department of Justice"The Attorney General represents the People of California in civil and criminal matters before trial courts, appellate courts and the supreme courts of California and the United States."

California Corporations Code 5233: ".... (c) The [California] Attorney General or, if the Attorney General is joined as an indispensable party, any of the following may bring an action in the superior court of the proper county for the remedies specified in subdivision (h): (1) The corporation, or a member asserting the right in the name of the corporation pursuant to Section 5710. (2) A director of the corporation. (3) An officer of the corporation. (4) Any person granted relator status by the Attorney General ..."

Relator statusCalifornia Code of Regulations, Title 11, Sections 1-11"SECTION 1 Any person desiring "leave to sue" in the name of the people of the State of California under any law requiring the prior permission therefor of the Attorney General (which person is herein referred to as the relator), shall serve his application (which shall include the papers referred to in Section 2) upon the proposed defendant and within five days after such service shall file the same with the Attorney General ...."

See also DomainMondo.com: News Review [Jun12]: IANA Transition Has Already Cost ICANN Over $28 Million (excerpt embedded below):


ICANN Staff Remuneration Practices as of 1 January 2016 (pdf) embedded below (highlighting added):


feedback & comments via twitter @DomainMondo


DISCLAIMER

2016-05-23

Comments from China and India on Draft New ICANN Bylaws

The public comment period on Draft New ICANN Bylaws closed Saturday, May 21, 2016, at 23:59 UTC. A total of 31 comments were received (as published on ICANN's website).

On Friday, May 27, 2016, the ICANN Board of Directors is expected to approve and adopt a revised final draft of the bylaws, after taking into consideration the comments received, and forward same to NTIA, which is currently considering the IANA stewardship transition proposal forwarded by the ICANN Board to NTIA in March, 2016. The changes to ICANN's Bylaws are a necessary component of the implementation of the IANA transition.

While most of the comments submitted are worth taking the time to read, the following two comments, submitted from China and India, respectively, merit careful reading (emphasis added):

Institute of Internet Governance Research (IGR)(CNNIC)(China), comment below:


Centre for Internet and Society (India) comment below:





DISCLAIMER

2016-04-24

News Review: ICANN Bylaws, Comments, ICANN Chairman's Op-ed Flops

DomainMondoShiningLight ©2013domainmondo.com All Rights Reserved
Domain Mondo's review of the past week and look ahead [pdf of this post here]:

The implentation phase of the IANA Stewardship Transition Plan (including WS1 of Enhancing ICANN Accountability) is proceeding in accord with the tentative timeline:

IANA Stewardship Transition Tentative Timeline
IANA Stewardship Transition Tentative Timeline
ICANN's new proposed bylaws in connection with the IANA transition and ICANN accountability proposal, have been posted for public comment through May 21, 2016. Read more at: ICANN Posts Draft of New Bylaws For Public Comment Until May 21 | DomainMondo.com.

•  On April 19, the Wall Street Journal published an op-ed by ICANN Board Chairman Steve Crocker, warning of terrible consequences if the U.S. government (NTIA) does not end its oversight of the IANA functions:
Broadening the Oversight of a Free and Open Internet - WSJ: "... If the U.S. does not transition its stewardship role to the global Internet community, then other governments may try to move control to organizations like the United Nations. There is also a risk that some governments may form their own national or regional networks. This disruptive splintering would damage the economy and weaken personal Internet use ..." (emphasis added)
Crocker, like others involved in the IANA transition process from the beginning, including NTIA's Larry Strickling on March 14, 2014, is being disingenuous by using the phrase "global internet community" when he really means ICANN, the California corporation. The IANA stewardship transition is only about transitioning, or privatizing, the U.S. government's stewardship role from the U.S. to ICANN, not the global Internet community. The global Internet community is hardly the same as ICANN or even ICANN's "community," a fact acknowledged by ICANN and the "ICANN community" in setting up the ground rules for participation in the CCWG-Accountability (Cross Community Working Group to Enhance ICANN Accountability):
Members & Participants - Enhancing ICANN Accountability: "Anyone interested can volunteer to join the CCWG as a "participant," regardless of whether they are members of the ICANN community." (emphasis added)
Unlike the global Internet community, ICANN has largely been captured by domain name industry and other special interests. As far as Crocker's comment about "splintering" [or fragmentation] of the internet is concerned, that is already happening, due, in large part, to distrust of ICANN, its programs, policies, processes, structures, and leadership, by the global Internet community.

Crocker apparently forgot he was addressing readers of the Wall Street Journal, not a gathering of the UN's Internet Governance Forum or WSIS. His message would have been much better received had he simply been honest about the IANA transition, rather than using the false narrative of a transition to the "global Internet community." In fact, the Wall Street crowd would have probably warmly embraced the idea of a transition from 'U.S. government control' to 'control by ICANN,' a California corporation, which functions largely as a captured agency controlled by lobbyists and lawyers representing special interests, known as 'stakeholders' in the institutional jargon of ICANN, with the U.S. government retaining veto power over interference by foreign governments.

But Crocker followed the script he had been given, false narratives and institutional secrets are inculcated in ICANN's sick organizational culture. Besides being a misleading reference, the phrase "global Internet community" sounds to denizens of Wall Street like a rallying cry of the Trotskyite wing of #FeelTheBern. The Wall Street Journal readers' comments to Crocker's op-ed (more than 70 at last count), confirm this. While interesting and entertaining to read, particularly if one wants to know what that part of the global Internet community--the part that comprises the affluent demographic that subscribes to the Wall Street Journal--thinks about the IANA stewardship transition, there is a jarring brutal honesty in the comments for those accustomed to the rarefied air of the "ICANN bubble"--here are a few excerpts--
This is a typical political sales pitch; it tells us nothing about the features that supposedly will produce the claimed benefits, ignores legitimate concerns and glosses over all problem areas. Mr. Crocker missed his calling as a telemarketer ...
This is a totally misguided transformation. Mr. Crocker's last sentence to "assure that the Internet of tomorrow is as free, open and resilient as the Internet of today" should give us all pause about even contemplating the changes he and others propose. His proposal reminds me of a mentally ill patient, who, after using medication to restore his mental health, goes off his meds because "he is cured". As soon as the Commerce Department steps away, it will be open season on that openness and freedom by some of the darkest elements around the world, both corporate and governmental. The only reason the internet is free, open and resilient is that the US Government stands behind it. 
This article does not include a single supported assertion. Speaking on behalf of "the Internet community—along with businesses, civil society and other interest groups," I voice my dissent.
Mr. Crocker's column is a nice example of a buffoon using all the right words (diverse, accountable, community) to blow smoke up our 4th point of contact. When you want a technical activity managed properly, you don't care about diversity - that is for non-technical people looking to grab control of something. Then there are the questions Mr. Crocker doesn't answer: Example: accountable to whom? He never says specifically, just yada yada yada about an international community. Been there; done that. It's called the UN. Letting Russia, China or the UN anywhere near controlling anything about the internet guarantees only censorship. Even the Europe Union, with its silly "right to be forgotten" can't be trusted ... 
... I have to ask who elects people to the Board of ICANN? This guy [Crocker] is really an embarrassment, and should be removed forthwith ...
Not exactly the reaction and response Crocker was looking for, I'm sure. I'll leave the rest of the comments for your reading enjoyment. [Note: if you're like one member of the ICANN Board of Directors and don't know how to access WSJ articles without a subscription, just click the WSJ  story link on this Google search results page.]

• Draft ICANN FY17 Operating Plan & Budget and Five-Year Operating Plan Update: Open for Public Comments--Close Date 30 Apr 2016 23:59 UTC.

•  ICANN FY16 Q3 (Quarter ending 31 March 2016) Stakeholder Call - 27 April 1500 UTC:  Pre-register online here to join the Quarterly Stakeholder Call online. The call will take place 27 April at 1500 UTC time converter. Joining instructions will be sent to those who register in advance of the call. A recording will be made available after the call here: https://www.icann.org/resources/pages/quarterly-reports-2014-11-13-en.

• New gTLD? Use It OR Lose ItNew gTLD Program Delegation Deadlines - ICANN: "... To date, registry agreements are in place for more than 1,230 new generic top-level domains (gTLDs), and more than 950 of these new gTLDs have been delegated into the root zone ...  The New gTLD Registry Agreement defines a 12-month period after contract execution during which the registry operator must delegate its TLD. ICANN expects registry operators to honor this commitment, and most do. However, we've recently seen an uptick in registry operators who either haven't met their deadline or aren't on track to do so. There are about 200 TLDs with approaching delegation deadlines between now and the end of August 2016 ... If a registry operator does not meet its delegation deadline, ICANN has the option to terminate the registry agreement, as per Section 4.3(b) of the agreement ..."

DotConnectAfrica Trust vs ICANN and ZACR: ICANN's motion to dismiss scheduled for hearing April 25, in Los Angeles.

Earnings Season schedule this week on Domain Mondo's Earnings Calendar:
  • Twitter TWTR April 26
  • Apple AAPL April 26
  • Facebook FB April 27
  • Verisign VRSN April 28, 4:30 p.m. ET
  • Neustar NSR April 28
  • Amazon AMZN April 28 5pm ET

• This past week's five most popular posts on Domain Mondo (# of pageviews Sun-Sat):
Honorable mention: Jack Bogle, Founder of Vanguard Group, Creator of Index Funds, Interview | DomainMondo.com

New This Week: Other Reading Recommendations (with a little taste of the article or a little of my own commentary):

Have a great week!

-- John Poole, Editor, Domain Mondo




DISCLAIMER

2016-04-22

ICANN Posts Draft of New Bylaws For Public Comment Until May 21

Tentative Timeline for IANA Stewardship Transition:
Tentative Timeline for IANA Stewardship Transition (source: DomainMondo.com)
ICANN has posted a draft of its new bylaws for public comment until May 21, 2016, 23:59 UTC which is 7:59 P.M. ET (US), time converter here.

According to the ICANN posting:

• The Public Comment period seeks community input on the Draft New ICANN Bylaws developed to reflect the recommendations contained in the proposals by the IANA Stewardship Transition Coordination Group (ICG) and Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) as provided to the ICANN Board on 10 March 2016 and transmitted to NTIA. (See Resolutions 2016.03.10.12-15 and 2016.03.10.16-19);

• The new ICANN Bylaws have been drafted in collaboration by the ICANN legal team and the external counsels to the CCWG-Accountability and Cross Community Working Group Names (CWG-Stewardship), including review periods by all of the involved community groups and the ICANN Board. The legal teams support that the Draft New ICANN Bylaws are consistent with the community proposals relating to the IANA Stewardship Transition;

• The Draft New ICANN Bylaws public comment period from 21 April – 21 May 2016, allows any interested party to review and provide feedback on the Bylaws. This timeline allows for comments to be analyzed and incorporated in time for the ICANN Board to consider, prior to adoption of the New ICANN Bylaws on or about 27 May 2016. Once New the ICANN Bylaws have been adopted, ICANN will notify NTIA. NTIA has stated that it needs to see that changes to the Bylaws have been adopted sufficient to implement the Transition Proposals before NTIA can complete its review of the Transition Proposals;

• Once adopted, the Bylaws are expected to go into effect in the event NTIA approves of the IANA Stewardship Transition Proposal and the IANA Functions Contract expires (current expiration date is September 30, 2016).
Redline Comparison of Draft New ICANN Bylaws to Current Bylaws:


Below is a chart that maps the CCWG-Accountability Final Supplemental Proposal to the April 20, 2016 draft Bylaws, prepared by Counsel to the CCWG:





DISCLAIMER

2016-01-19

IANA Transition, ICANN Accountability, Comment Analysis, Timeline



Above: CCWG-Accountability 3rd Draft, Public Comments, Trends & Analysis (published by ICANN on January 18, 2016)

Background: "As initial discussions of the IANA Stewardship Transition were taking place, the ICANN community raised the broader topic of the impact of the transition on ICANN's current accountability mechanisms. From this dialogue, the Enhancing ICANN Accountability process was developed to provide assurance that ICANN remains accountable in the absence of its historical contractual relationship with the U.S. Government, which has been perceived as a backstop with regard to ICANN's organization-wide accountability since 1998. The CCWG-Accountability was chartered to consider how ICANN's broader accountability mechanisms should be strengthened in light of the IANA Functions transition, and to review the existing accountability mechanisms such as those within the ICANN Bylaws and the Affirmation of Commitments [AoC]. The CCWG-Accountability is in the process of refining its conclusions and proposals based on the public comment received on the Accountability Framework it identified as essential to have in place or be committed to before the IANA Stewardship Transition (Work Stream 1). Next steps include finalization of the report for the Chartering Organizations' final endorsement. As appropriate, the Work Stream 1 conclusions will be delivered to the ICANN Board of Directors." (source: ICANN Report of Public Comments; emphasis and links added)

Additional info:
Below is the CCWG-Accountability timeline published in late 2015, which has suffered slippage:

Below is the overall IANA Stewardship Transition process, scheduled to be completed in 2016 (except for WS2 / Work Stream 2 accountability issues)




DISCLAIMER

2015-11-16

CCWG on ICANN Accountability Issues Preview of Third Draft Proposal

CCWG-Accountability: A Preview of the Third Draft Proposal on Work Stream 1 Recommendations (pdf)
Above: Screenshot of front page of CCWG-Accountability: A Preview of the Third Draft Proposal on Work Stream 1 Recommendations (pdf) (15 Nov 2015)
CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin"This is a brief and preliminary overview of the proposal for improving ICANN's accountability developed by the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) over the past year. It includes a very high-level summary of the main changes being proposed by the community and outlines what will be described in the full proposal. This 36-page document is designed to update the community on recent progress in and after ICANN54 in Dublin and raise awareness of the proposed enhancements to ICANN's accountability as a more detailed proposal is finalized. While this formal update reflects the current consensus positions of the group, there are outstanding elements that remain to be finalized. These finishing details are highlighted in the document, and will be confirmed and detailed in the Third Draft Proposal." (source: ICANN CCWG-Accountability; emphasis added).

The full Third Draft Proposal will be published on 30 November 2015, for public review and comment, and will include "further explanation and detail about the accountability improvements" outlined in the Preview document. It will also "explain why the changes have been suggested, how the community arrived at these recommendations and the options considered and ultimately rejected in development of the proposal."

Background: Over the last year, a working group of ICANN community members has been developing a set of proposed enhancements to ICANN's accountability to the global Internet community. This effort is integral to the transition of the United States' stewardship of the IANA functions to the global Internet community, reflecting the ICANN community's conclusion that improvements to ICANN's accountability were necessary in the absence of the accountability backstop that the historical contractual relationship with the United States government provided. The accountability improvements set out in this document are not designed to change ICANN's multistakeholder model, the bottom-up nature of policy development nor significantly alter ICANN's day-to-day operations. The main elements of the proposal are outlined below. Together with ICANN's existing structures and groups, these accountability enhancements will ensure ICANN remains accountable to the global Internet community.

  • A revised Mission statement for the ICANN Bylaws that sets out what ICANN does. This Mission statement clarifies but does not change ICANN's historic mission
  • An enhanced Independent Review Process and redress process with a broader scope and the power to ensure ICANN stays within its revised Mission
  • New specific powers for the ICANN community that can be enforced when the usual methods of discussion and dialogue have not effectively built consensus including the powers to:

    • Reject ICANN Budgets, Operating Plans or Strategic Plans
    • Reject changes to ICANN's Bylaws
    • Approve changes to new Fundamental Bylaws (see below)
    • Remove an individual ICANN Director from the Board
    • Recall the entire ICANN Board

  • An additional new power that gives the community a say in decisions about the IANA Function Reviews and any separation of the IANA Names Functions
  • All of these community powers can only be exercised after extensive community discussions and debates through processes of engagement and escalation. The process of escalation provides many opportunities for the resolution of disagreements between the parties before formal action is required.

  • The accountability elements outlined above will be supported through:
    • Additions to the ICANN Bylaws to create an Empowered Community that is based on a simple legal vehicle that will act on the instructions of ICANN stakeholder groups to exercise the Community Powers. The Empowered Community is granted the status of a Designator (a recognized role in law) and has the standing to enforce the Community Powers if needed.
    • Core elements of ICANN's governing documents (the Articles and Bylaws) being categorized asFundamental Bylaws that can only be changed with agreement between the ICANN community and the ICANN Board.
    In addition, further proposed changes include:
    • A recognition of ICANN's respect for Human Rights
    • Incorporation of ICANN's commitments under the 2009 Affirmation of Commitments (AoC) with the United States Department of Commerce into the Bylaws, where appropriate
    • Improved accountability and diversity for ICANN's Supporting Organizations and Advisory Committees (SO/ACs)
    • A commitment to discuss additional accountability improvements and broader accountability enhancements in 2016, following implementation of this core set of accountability improvements.
    For more information read the entire announcement here.
    Source: ICANN (emphasis added)




    DISCLAIMER

    2015-04-29

    IRP Panel in DCA Trust Case Overrules ICANN Bylaws Provision

    ICANN Bylaws, Article IV, Section 3, Paragraph 12"In order to keep the costs and burdens of independent review as low as possible, the IRP Panel should conduct its proceedings by email and otherwise via the Internet to the maximum extent feasible. Where necessary, the IRP Panel may hold meetings by telephone. In the unlikely event that a telephonic or in-person hearing is convened, the hearing shall be limited to argument only; all evidence, including witness statements, must be submitted in writing in advance." (emphasis added)
    On April 20, 2015, the IRP Panel in the DCA Trust vs. ICANN IRP, overruled the above ICANN bylaws provision which the IRP Panel found "unduly and improperly restricts" the Panel's ability to conduct the "independent review" expressly mandated, and therefore "...the Panel requires all three witnesses in this IRP to be physically present at the hearing in Washington, D.C. If a witness fails to appear at the hearing without a valid reason acceptable to the Panel, the Panel shall in its sole discretion draw the necessary inferences and reach appropriate conclusions regarding that witness’s Declaration. [38.] Based on the above, the Panel requires all three witnesses in this IRP to answer viva voce any questions the Panel may have for them, and thereafter, answer any follow up questions that counsel for the Parties may have for them in respect to the questions asked by the Panel...."

    The IRP Panel also noted: "Accountability requires an organization to explain or give reasons for its activities, accept responsibility for them and to disclose the results in a transparent manner... ICANN’s Bylaws have determined that the IRP would be governed by the ICDR International Arbitration Rules (“ICDR Rules”) as supplemented by the Supplementary Procedures... Nothing in the Supplementary Procedures either expressly or implicitly conflicts with or overrides the general and broad powers that Articles 16 and 36 of the ICDR Rules confer upon the Panel to interpret and determine the manner in which the IRP proceedings are to be conducted and to assure that each party is given a fair opportunity to present its case ..."  (Third Declaration on the IRP Procedure, p.6, April 20, 2015, emphasis added)

    DCA Trust vs ICANN IRP Panel Ruling, April 29, 2015, p. 7
    DCA Trust vs ICANN IRP Panel Ruling, April 20, 2015, p. 7
    According to a filing by DCA Trust [DotConnectAfrica Trust], the purpose of the DCA Trust IRP is to "resolve a dispute arising from ICANN’s failure to abide by its Bylaws, Articles of Incorporation and applicable principles of international law in its processing of DCA’s application for rights to administer the .AFRICA [new] gTLD. ICANN wrongfully rejected DCA’s application based on complaints raised by the partner of the only other applicant for .AFRICA, in contravention of its own procedures and the applicable law." 

    The entire record of the DotConnectAfrica Trust IRP can be found on the ICANN website here.


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