See embedded replies On Fri, Mar 22, 2024 at 9:57 AM Eduardo Diaz <eduardodiazrivera@gmail.com> wrote:
Alan:
I must emphasize the critical concern that incorporating URLs into the ICANN bylaws fundamentally undermines their integrity and purpose. In this instance, the reliance on a URL is particularly problematic. The inherent nature of URLs allows for the content they direct to be altered at any moment. Why include them at all if not to signify potential change?
Yes, in theory the content of the web page could be altered on purpose or accidentally. But that would not alter the use of the Bylaw limitation. For the limitation to kick in, the actual conditions need to be satisfied, not just appear falsely on a web page. Presumably the web page would have an appropriate disclaimer.
I want to draw your attention to the URL precedence mentioned in the ICANN bylaw 4.2(h) URL, which directs users to a page detailing the process for a “Reconsideration Request,” including a form for submission. It guides to a procedural aspect rather than to "…specific cases where the accountability mechanisms shall be limited or unavailable…"
Of course. It is there for a different purpose than the one being suggested. But it does set a precedent for having a web pointer in the Bylaws. This is not at all optimal, but the problem I raised is real and needs to be addressed. How do you alert someone who is reading the Bylaws to exactly what cases the limitation applies. *Do you have a better way to address this real problem?*
As I've previously mentioned, the fact that you can change online content means that these "specific cases" could be added, modified, or removed without notice, thereby affecting the stability and reliability of the ICANN bylaws.
No, for the limitation/unavailability to apply, being on a web page is not sufficient. The three stringent conditions listed in the proposed Bylaw must have been met.
I think instances warranting limited or unavailable accountability mechanisms should be explicitly stated within the bylaw rather than referenced through a mutable online source. This approach ensures the permanence and clarity of our bylaws and safeguards against any changes that could compromise their intended mandate.
That is what was originally proposed. We do not know if there will ever be mose limitations (I personally believe that there will be - one was discussed during the failed discussions on Closed Generics). But if there is, that would require a new Fundamental Bylaw amendment and the process to do that is an awkward and time-consuming process. See Bylaws Annex D, Article 1. It takes several pages just to describe the process. Avoiding having to do that while NOT making it any easier to enact accountability limitation is why I suggested commending the Board for its idea. Alan
-ed
On Thu, Mar 21, 2024 at 6:39 PM Alan Greenberg via OFB-WG < ofb-wg@icann.org> wrote:
I have drafted a comment on Proposed Bylaws Updates to Limit Access to Accountability Mechanisms.
The Wiki page is https://community.icann.org/x/PoDyEg and the Comment Google Doc is https://docs.google.com/document/d/1CzW_U6nA7GSdwX5z6eu3EFn8FE-uh0Z1ZDGIgez2... <https://docs.google.com/document/d/1CzW_U6nA7GSdwX5z6eu3EFn8FE-uh0Z1ZDGIgez2...> .
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