[EURO-Discuss] Signing the MoUs

Nick Ashton-Hart nick.ashton-hart at icann.org
Wed Mar 28 10:34:22 EDT 2007


Thomas, my apologies again for the delay due to the mad pace of events - as
a longtime participant of ICANN meetings I'm sure you know what it is like!

On 26/03/07, Thomas Roessler <roessler at does-not-exist.org> wrote:
>
> Watching from the distance, I'll admit that I'm a bit confused by
> what's going on in Lisbon.
>
> Some questions...
>
> - How does the timing of the signing ceremony mix with the public
>   comment opportunity that ICANN is supposed to give; see
>   <http://alac.icann.org/framework.htm#ProposedguidelinesforaRALO>,
>   point 2?


There will be a 21-day posting for this MoU. The board will ratify it at
this meeting pending the completion of the 21-day comment period, and at the
end of that the board will give it final approval. You will find a paragraph
near the end of the MoU text which reflects this.

- Where are the criteria for the certification of ALSes, per
>   <http://icann.org/general/bylaws.htm#XI-2.4i>?
>
>   "The criteria and standards for the certification of At-Large
>   Structures within each Geographic Region shall be established by
>   the Board based on recommendations from the ALAC and shall be
>   stated in the Memorandum of Understanding between ICANN and the
>   RALO for that Geographic Region."


These are not incorporated directly in any of the MoUs as they can be
changed. The requirements are indirectly referenced by the MoUs though where
an acknowledgment of the role that ICANN plays in Clause 5.7

- What is the expectation about incorporating The Organization, what
>   is the expectation about The Organization's internal processes?
>   What is the process for agreement on its bylaws?  What say will
>   ICANN have in that?


This is of course three questions:

1) The discussion about incorporation is to be held after the voting has
been concluded in order to prevent the two issues together actually getting
bogged down since they are unrelated, and both take some time - and everyone
at the meetings was aware of the fact that everyone is a volunteer and we
need to help ensure participation in both to the fullest extent possible.

2) The bylaws agreed here do address these to a very considerable extent and
in quite a lot of detail. You also have an additional source of procedure in
the draft Rules of Procedure that have been prepared and are available on
the regional Wiki which each region is free to use, amend, adopt, or ignore
as it wishes. These are for the region to determine.

  Without actually having The Organization in existence, signing the
>   MoU looks like a recipe for a considerable mess later on, and it
>   might take degrees of freedom away that might be useful to have
>   when negotiating The Organization.


I cannot see how that would have an effect to be honest with you. The Bylaws
as agreed here are relevant to an unincorporated entity, just as they are to
an entity that is incorporated. The members will live by the same set of
rules irrespective of the legal status of the organisation (this is the
short version of the discussion here).

- What is the plan to deal with newly accredited ALSes in the
>   future; I understand that the LA RALO is actually struggling with
>   that? <https://st.icann.org/lacralo/index.cgi>



Not really struggling. They wish to proceduralise the process of new ALSes
consenting to be bound by the terms of the MoU as if they were original
signers. I will be helping to supply a form of words for them to do this.

- Why are the individual ALSes supposed to sign the MoU, not The
>   Organization when it's constituted and ready to enter into an
>   agreement with ICANN?
>
>   This seems inconsistent with the ICANN bylaws:


Believe me when I tell you that the ICANN legal staff would hardly allow
anything to happen which is inconsistent with the Bylaws. Secondarily, as
previously stated, there is no prohibition against the assignment of the
signing organisations' rights and responsibilities to the EURALO if
incorporated at a later time.

  "g. There shall be one RALO for each Geographic Region established
>   according to Section 5 of Article VI. Each RALO shall serve as the
>   main forum and coordination point for public input to ICANN in its
>   Geographic Region and shall be a non-profit organization certified
>   by ICANN according to criteria and standards established by the
>   Board based on recommendations of the At-Large Advisory Committee.
>   An organization shall become the recognized RALO for its
>   Geographic Region upon entering a Memorandum of Understanding with
>   ICANN addressing the respective roles and responsibilities of
>   ICANN and the RALO regarding the process for selecting ALAC
>   members and requirements of openness, participatory opportunities,
>   transparency, accountability, and diversity in the RALO's
>   structure and procedures, as well as criteria and standards for
>   the RALO's constituent At-Large Structures."
>
>   <http://icann.org/general/bylaws.htm#XI-2.4g>
>
>   Besides the formal level, this creates a situation in which ICANN
>   can play divide and conquer on any proposed changes that might
>   ever come up.  Good for ICANN staff, bad for the RALO.


I cannot personally see how this is true. If those who were present here
felt this were the case then they would clearly not have concluded their
work on this document.

I don't think I'll be able to make a recommendation to FITUG to sign
> without some very good answers to these questions.


Hopefully these will provide it. Note that if FITUG is unable to agree to be
a signing organisation, the RALO still includes all ALSes automatically; the
only question is if and to what extent non-adherence will affect voting or
other rights, which will be entirely a matter for the RALO to decide.

Cheers, and apologies that I couldn't make it to Lisbon,
> --
> Thomas Roessler   <roessler at does-not-exist.org>
>
>
>
>
>
>
>
>
> On 2007-03-26 14:19:54 +0100, Nick Ashton-Hart wrote:
> > From: Nick Ashton-Hart <nick.ashton-hart at icann.org>
> > To: Discussion for At-Large Europe <euro-discuss at atlarge-lists.icann.org
> >,
> >       Africa Discuss <afri-discuss at atlarge-lists.icann.org>
> > Date: Mon, 26 Mar 2007 14:19:54 +0100
> > Subject: [EURO-Discuss] Signing the MoUs
> > Reply-To: nick.ashton-hart at icann.org,
> >       Discussion for At-Large Europe <
> euro-discuss at atlarge-lists.icann.org>
> > List-Id: Discussion for At-Large Europe
> >       <euro-discuss_atlarge-lists.icann.org.atlarge-lists.icann.org>
> > X-Spam-Level:
> > X-Bogosity: Ham, tests=bogofilter, spamicity=0.000000, version=1.1.5
> >
> > Dear African and European Colleagues:
> >
> > In order for me to prepare the signature texts for the signing ceremony
> on
> > the Thursday, could those of you intending to sign send me the following
> > information as you wish it to appear on the signature texts:
> >
> > Name of Organisation
> > Name of Signer
> > Position of Signer
> >
> > IF YOU ARE LEAVING BEFORE THURSDAY:
> >
> > If you are leaving before the signing ceremony and wish to sign the
> final
> > text, I will prepare a signature page early so you can sign in advance.
> I
> > will then read out your name during the ceremony so that you are
> included
> > even though you are not physically present :)
> > --
> > Regards,
> >
> > Nick Ashton-Hart
> > PO Box 32160
> > London N4 2XY
> > United Kingdom
> > UK Tel: +44 (20) 8800-1011
> > USA Tel: +1 (202) 657-5460
> > Fax: +44 (20) 7681-3135
> > mobile: +44 (7774) 932798
> > Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com /
> Skype:
> > nashtonhart
> > Online Bio:   https://www.linkedin.com/in/ashtonhart
>
> > _______________________________________________
> > EURO-Discuss mailing list
> > EURO-Discuss at atlarge-lists.icann.org
> >
> http://atlarge-lists.icann.org/mailman/listinfo/euro-discuss_atlarge-lists.icann.org
>
>


-- 
-- 
Regards,

Nick Ashton-Hart
PO Box 32160
London N4 2XY
United Kingdom
UK Tel: +44 (20) 8800-1011
USA Tel: +1 (202) 657-5460
Fax: +44 (20) 7681-3135
mobile: +44 (7774) 932798
Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com / Skype:
nashtonhart
Online Bio:   https://www.linkedin.com/in/ashtonhart
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