Page History

Motion - Confirmation of GNSO Representative to the Empowered Community Administration

Submitted by Greg DiBiase

Seconded by Desiree Miloshevic

Whereas,

1. On 26 October 2023, the GNSO Council confirmed that the GNSO Vice-Chair Tomslin Samme-Nlar will represent the GNSO as the Decisional Participant on the Empowered Community (EC) Administration.

Resolved,

1. The GNSO Council hereby confirms that Tomslin Samme-Nlar, GNSO Council Vice-Chair will represent the GNSO as the Decisional Participant on the Empowered Community Administration until the end of his term at ICANN84.
2. The GNSO representative shall act solely as directed by the GNSO Council in accordance with the ICANN Bylaws and other related GNSO Operating Procedures.
3. The GNSO Council requests the GNSO Secretariat to communicate this decision to the ICANN Secretary which will serve as the required written certification from the GNSO Chair designating the individual who shall represent the Decisional Participant on the EC Administration.

Motion to Approve Fundamental Bylaws

Submitted by Greg DiBiase

Seconded by Susan Payne 

Whereas, the ICANN Board convened the Second IANA Naming Function Review ("IFR") to satisfy the requirement under Section 18.2(b) of the ICANN Bylaws that "Periodic IFRs after the first Periodic IFR shall be convened no less frequently than every five years, measured from the date the previous IFRT for a Periodic IFR was convened."

Whereas, the Boardconvened the first IFR on 16 September 2018.

Whereas, the first IFRT provided its Final Report to the ICANN Board to the ICANN Board on 8 April 2021, and the Board accepted all recommendations in the Report on 12 May 2021. This includes Recommendation 3, to amend the IFR Bylaws at Article 18, Section 18.12 to remove a duplicative requirement.

Whereas, as part of a 2019 public comment forum on a previous IFR team composition issue resulting in a Bylaws change, the Registries Stakeholder Group (RySG) requested additional changes to the IFR team composition to account for difficulties in achieving geographic diversity among RySG appointees.

Whereas, Article 19 regarding the IANA Naming Function Separation Process is also appropriate to update (at Section 19.5) at this time, to (1) conform to the 2019 Bylaws amendments regarding ccNSO representative selection; and (2) address the same diversity considerations raised by the RySG in relation to Article 18.

Whereas, Articles 18 and 19 of the ICANN Bylaws are identified as "Fundamental Bylaws", requiring formal Empowered Community approval of amendments. Due to the significant procedural requirements for consideration of Fundamental Bylaws changes, and to reduce duplication of processes, all proposed amendments to Articles 18 and 19 are being presented together.

Whereas, a public comment forum on the Proposed Fundamental Bylaws was open from 9 March 2023 – 18 April 2023, and no comments were received in opposition to the proposed amendments. A commenter noted a need to update two additional references (at Section 18.8(d) and 19.6(a) to align with the updated numbering within the two composition sections. Those changes are not material and are appropriate for incorporation without further public comment.

Whereas, the ICANN Board's Organizational Effectiveness Committee (OEC) has recommended that the Board approve the Fundamental Bylaws Amendments to Article 18 as recommended within the Recommendation of the Final Report of the IFR, as well as additional proposed amendments to clarify the IFR processes and respond to the RySG request and the corresponding clauses within Articles 18 and 19.

Whereas, on 10 September 2023, the ICANN Board passed aresolution for the Approval of Amendments to IANA Naming Function Review Bylaws and provided these updates are “an essential step in furthering the implementation of the recommendations of the first IANA Naming Function Review (IFR) team, as Recommendation 3 of the IFR identified changes necessary to Article 18 of the ICANN Bylaws. As well as the additional proposed changes to Articles 18 and 19, which serve to: (1) addressing a 2019 request from the Registries Stakeholder Group on updating the geographic diversity selection requirements for future IFR teams; and (2) clarifying ambiguities on the IFR processes identified through the first running of an IFR after the IANA Stewardship Transition.”

Resolved, the GNSO Council hereby confirms the Fundamental Bylaws Amendments to Articles 18 and 19 of the ICANN Bylaws relating to IANA Naming Function Reviews and the IANA Naming Function Separation Process.