Fwd: Comments on Bylaw

[Samantha Eisner <Samantha.Eisner@xxxxxxxxx>]

Below please find the comments of Liu Yue, forwarded upon request due to a 
technical issue.

Samantha Eisner
Associate General Counsel, ICANN
12025 Waterfront Dr., Suite 300
Los Angeles, California 90066
+1.310.578.8631

Begin forwarded message:

From: liuyue
Date: May 21, 2016 at 5:40:39 PM PDT
To: samantha.eisner 
<Samantha.Eisner@xxxxxxxxx<mailto:Samantha.Eisner@xxxxxxxxx>>
Subject: Re: Re: Comments on Bylaw
Reply-To: liuyue

I met some problems when submitting to the forum. Could you please forward the 
comment to the forum.
Thank you very much.


From: Samantha Eisner<mailto:Samantha.Eisner@xxxxxxxxx>
Date: 2016-05-22 08:21
To: liuyue<mailto:liuyue@xxxxxxx>
Subject: Re: Comments on Bylaw
Thank you for your comments. Have you also submitted them into the comment 
forum?

Samantha Eisner
Associate General Counsel, ICANN
12025 Waterfront Dr., Suite 300
Los Angeles, California 90066
+1.310.578.8631

On May 21, 2016, at 4:02 PM, liuyue <> wrote:

Dear Samantha Eisner,

I have some comments on the Draft ICANN Bylaw.

Thanks the working team for their hard work to revise the Bylaw according to 
the CCWG-accountability Proposal and ICG Proposal. It would be better if there 
be formal versions in different languages. Because the Bylaw is the fundamental 
norm for ICANN, it is important to make convince for the whole community to 
give their feedback.  A working group of  Chinese community finished the 
translation from English to Chinese  and shared the result. I was one of the 
volunteers and glad to do that for the Community. And I hope that ICANN provide 
official Chinese and other versions as soon as possible and extend the comment 
period or give second round comment period.

Then I think there are some clauses should be re-considered:
1.Section 1.2. COMMITMENTS AND CORE VALUES  (a) COMMITMENTS
(iv) Employ open, transparent and bottom-up, multistakeholder policy 
development processes that are led by the private sector (including business 
stakeholders, civil society, the technical community, academia, and end users), 
while duly taking into account the public policy advice of governments and 
public authorities.

It is not 
appropriate<http://cn.bing.com/dict/search?q=appropriate&FORM=BDVSP6&mkt=zh-cn> 
to use 'private sector' to include too many communities. It could be corrected.

2.Section 34.3. INDEPENDENT REVIEW OF BOARDCOVERED ICANN ACTIONS (j) Standing 
Panel
(iv) Reasonable efforts shall be taken to achieve cultural, linguistic, gender, 
and legal tradition diversity, and diversity by Geographic Region.

What is the 'Reasonable efforts'? The 'Diversity' should be fully supported.

3.How to safeguard ‘IDN first’ principle？

4.How to describe conflict of interest for IRP panelists and  include this 
principle into  the Bylaw?

5.GAC didn't get consensus on recommendation 11. Dose the Bylaw need to be ask 
for consensus recommendation?

6.Board member, EC member, NomCom member, AC/SO council member are all from the 
community. How to apply the conflict of interest.

7. Some wordings to Annux

Annex E
(1). Principles
f. …… by the EC that that triggered the need for the Caretaker ICANN Budget.

should be :
f. …… by the EC that triggered the need for the Caretaker ICANN Budget.


(2).Annex G-1
issues for which uniform or coordinated resolution is reasonably necessary to 
facilitate interoperability, security and/or stability of the Internet, 
registrar services, registry services, or the DNS;

should be :
issues for which uniform or coordinated resolution is reasonably necessary to 
facilitate interoperability, security and/or stability of the Internet or 
DNS，registrar services and registry services;


(3).Annex G-2
The topics, issues, policies, procedures and principles referenced in Section 
1.1(a)(i) with respect to gTLD registries are:

issues for which uniform or coordinated resolution is reasonably necessary to 
facilitate interoperability, security and/or stability of the Internet or DNS;

should be :
issues for which uniform or coordinated resolution is reasonably necessary to 
facilitate interoperability, security and/or stability of the Internet or 
DNS，registrar services and registry services;

restrictions on cross-ownership of registry operators and registrars or 
resellers ……

should be :
restrictions on cross-ownership of registry operators and registrars or 
registrar resellers ……

8. ICANN address
It should not show the detail address and be replaced by [ICANN Address]. 
otherwise ICANN would revise the Bylaw when its change the place of Office.

Thank you very much.

Liu Yue