[council] Public Comment: Proposed Bylaw Changes to Improve Accountability
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- Subject: [council] Public Comment: Proposed Bylaw Changes to Improve Accountability
- From: Glen de Saint Géry <Glen@xxxxxxxxx>
- Date: Wed, 29 Jul 2009 01:38:56 -0700
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- Thread-topic: Public Comment: Proposed Bylaw Changes to Improve Accountability
Public Comment: Proposed Bylaw Changes to Improve Accountability
27 July 2009
Two proposed accountability measures have been posted by direction of the Board
for 60 days of public comments, from 23 July 2009 through 25 September 2009.
This is the latest step in the Improving Institutional Confidence process.
The first bylaw revision is a new mechanism called the "Community
Re-Examination Vote". It would allow the ICANN community to request the Board
to re-examine a Board decision taken by resolution.
The second proposal would revise one of the existing bylaws and replace the
independent third-party review process with a more robust process, the
"Independent Review Body".
These proposals represent a significant step forward in ICANN's already
considerable accountability. The draft bylaw changes have been developed in
response to community input to the President's Strategy Committee over the last
You are invited to review the proposed changes to the ICANN Bylaws linked to on
this page and provide your input to the public comments forum.
Details of proposed changes
1. Community Re-Examination Vote
The ICANN Bylaws currently set forth three mechanisms for accountability and
review of ICANN Board decisions: (1) the Reconsideration Process, Article IV,
Section 2; (2) the Independent Review Process, Article IV, Section 3; and (3)
the Office of the Ombudsman, Article V.
The objective is for this procedure to allow the ICANN community to come
together through the Supporting Organizations and Advisory Committees and vote
for the Board to re-examine a Board decision taken by resolution.
The proposed Bylaws setting forth the Community Re-Examination Vote are
available here [PDF, 53K].
2. Independent Review Body
ICANN has an Independent Review Process in place, as established at Article IV,
Section 3 (1) of the bylaws:
"ICANN shall have in place a separate process for independent third-party
review of Board actions alleged by an affected party to be inconsistent with
the Articles of Incorporation or Bylaws."
The provider for the current Independent Review Process is the International
Centre for Dispute Resolution (ICDR). (More detail about the Independent Review
Process is available here:
The existing review process is limited in scope, and focuses mainly whether the
Board has followed ICANN's Articles of Incorporation and Bylaws when rendering
a decision. The current review process relies mainly upon the concepts of
fidelity and fairness.
However, following extensive and sustained public input on this issue, the PSC
recommended a broadening of the review process to allow for review of the
rationality of Board decisions as well.
The proposed changes that would create the Independent Review Body would allow
reviews of both the rationality and the fairness of Board decisions. These
concepts are described under the rubrics of Fairness, Fidelity and Rationality
in the May 2009 the staff report ("Improving Institutional Confidence: The Way
The proposed amendments to the Bylaws setting forth the IRB process are
[PDF, 153K]. Please note: the attached document with the proposed bylaw text
is presented in 'track changes' version to allow you to compare the proposed
text to the existing text of the bylaws.
ICANN's legal staff expects the procedures and rules for the existing
Independent Review Process would broadly serve the expanded scope of the IRB
but that some revisions will be required to make them conform fully to the IRB
bylaw provisions, if adopted.
The proposed new accountability measures are based on recommendations made to
the Board by the President's Strategy Committee (PSC) in February 2009. At the
Mexico City meeting in March 2009, the Board directed staff to produce
implementation analysis of the PSC proposals.
On 31 May 2009, the report "Improving Institutional Confidence: The Way
was published for information and discussion ahead of the Sydney meeting in
June 2009. This report included two detailed proposals for implementing the
PSC's recommended bylaw changes to modify or create accountability and review
At the Sydney meeting in June 2009, the Board acknowledged this report and
directed the opening of a 60-day period of public consultation on the proposed
(For more information about the PSC's work, including previous documents and
public comment periods, please visit: http://www.icann.org/en/jpa/iic/.
Information about the PSC itself is at http://www.icann.org/en/psc)
Deadline and How to Submit Comments:
Public comments on these proposals will run for 60 days, from 27 July 2009
through 25 September 2009.
To submit comments:
Comments are welcome via email to: iic-proposed-bylaws@xxxxxxxxxx
To view comments: An archive of all comments received will be publicly posted
Glen de Saint Géry