" ITREALMS: Crocker writes GAC chairman on bylaws issue

Tuesday, November 04, 2014

Crocker writes GAC chairman on bylaws issue

The board chairman of the Internet Corporation for Assigned Names and Numbers (ICANN), Dr. Steve Crocker has written Mr. Thomas Schneider, the chairman of ICANN’s Governmental Advisory Committee (GAC) on Bylaws Issue in London Communiqué, reports ITRealms.

The letter dated Monday, November 3, 2014 and was made available to ITRealms, Dr. Crocker noted that ICANN’s Board New gTLD Programme Committee (NGPC) has continued to make progress to consider and address the remaining open items of advice from the Governmental Advisory Committee (GAC) related to the New gTLD Programme.

According to Crocker, his letter came as part of its recent deliberations on the GAC’s advice, the NGPC identified a matter that concerns the ICANN Bylaws, which will be considered by the full Board in due course. 

“Specifically, in Section 6 of its London Communiqué (25 June 2014), the GAC advised the Board that the GAC believes some subjects are not appropriate for a GNSO policy development process,” he said, stressing that the advice from the GAC directly concerns the framework established in the Bylaws defining the supporting organizations and advisory committees.

Additionally, he pointed out that “Article X, Section 1 of the Bylaws provides that “[t]here 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.”

For Crocker, while the GAC may participate in the policy development process, and has a role to “provide advice on the activities of ICANN as they relate to concerns of governments, particularly matters where there may be an interaction between ICANN’s policies and various laws and international agreements or where they may affect public policy issues,” the GNSO has the authority to recommend substantive policies on topics that are within the scope of ICANN’s mission statement, has potentially broad applicability to multiple situations or organizations, is likely to have lasting value or applicability, and will establish a guide or framework for future decision-making.

The Board has concerns about the advice in the London Communiqué because it appears to be inconsistent with the framework established in the Bylaws granting the GNSO authority to recommend consensus policies to the Board, and the Board to appropriately act upon policies Developed through the bottom-up consensus policy developed by the GNSO.

He further stated that as required by the Bylaws, in the event that the ICANN Board determines to take an action that is not consistent with the GAC advice, it must inform the GAC and state the reasons why it decided not follow that advice.

Based on the foregoing, Crocker said, the GAC and the ICANN Board will try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution, even as this letter serves as the first step of the Consultation Procedure.

+Remmy Nweke +Remmy Nweke (ITRealms) +ICANNnews
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Pix: Steve Crocker

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