Summary and Analysis of Comments For Bylaws Revisions re: Committees

[Amy Stathos <amy.stathos@xxxxxxxxx>]

Summary and Analysis of Comments For Bylaws Revisions re: Committees

13 March 2009

ICANN staff prepared this summary and analysis of comments received on the 
Bylaws Revisions re: Committees.  The comment period ran from 9 December 2008 
to 9 January 2009.  Two comments were received by three individuals (two 
individuals provided a joint comment).  The public comments on this forum are 
archived at http://forum.icann.org/lists/recon-bylaws-revision/.

High Level Summary:

One comment explicitly withheld any opinion on which committee of the Board is 
tasked with the responsibilities noted, but requested a statement that items 
pending before the Conflicts of Interest Committee would not be delayed due to 
the reallocation of responsibility.

The other commenter expressed disapproval with the revisions of the Bylaws as 
failing to address his concerns with the past conduct of the Reconsideration 
Committee.

General Comments:

Edward Hasbrouck noted his "problems with the Reconsideration Committee" based 
on his claims that the Reconsideration Committee violated the ICANN Bylaws in 
considering his past Reconsideration Request, and demands that the "Board 
fulfill its responsibility to compel the Reconsideration Committee to act in 
accordance with the Bylaws."  He states "[t]he proposed revisions to the Bylaws 
will do nothing to address these problems."  See 
http://forum.icann.org/lists/recon-bylaws-revision/msg00001.html.

Steven J. Metalitz, counsel to The Coalition for Online Accountability (COA), 
and Claudio DiGangi, Manager of External Relations, for the International 
Trademark Association (INTA) noted that the Conflicts of Interest Committee 
was, on 1 October 2008, directed to "review and consider public comments . . . 
in reviewing possible changes to the COI policy", comments that COA and INTA 
contributed to.  The commenters "take no position on the merits of the 
reorganization of Board
committees proposed in the December 9 announcement" but instead express their 
"concern[] that review of the COI policy be accorded a top priority among
the Board's corporate governance tasks."  The commenters urge the Board to 
report to the public on the status of the COI review and "dispel any impression 
that the review may be delayed by the reorganization of Board committees."  See 
http://forum.icann.org/lists/recon-bylaws-revision/msg00000.html.

Next Steps:

ICANN will post a revised version of the Bylaws incorporating the revisions re: 
committees.

Contributors:

Edward Hasbrouck
Steven J. Metalitz on behalf of The Coalition for Online Accountability (COA)
Claudio DiGangi on behalf of the International Trademark Association (INTA)

Amy A. Stathos
Deputy General Counsel
ICANN
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
amy.stathos@xxxxxxxxx
+1-310-301-3866