ICANN Resolutions » Approval of New ICANN Bylaws for IANA Stewardship Transition
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the ICANN Board adopts the New ICANN Bylaws as revised on 26 May 2016
Whereas, on 14 March 2014, the National Telecommunications and Information Administration (NTIA) of the United States Department of Commerce announced its intention to transition the stewardship of the IANA Functions to the global multistakeholder community.
Whereas, on 10 March 2016, Internet Corporation for Assigned Names and Numbers (ICANN) accepted and transmitted to the NTIA the following transition documents: (i) the IANA Stewardship Transition Coordination Group's IANA Stewardship Transition Proposal, and (ii) the Cross Community Working Group on Enhancing ICANN Accountability's Work Stream 1 Report (collectively, the "Transition Proposals").
Whereas, ICANN lawyers and the independent law firms hired to assist the community in the development of the Transition Proposals, worked diligently to create a new set of Bylaws setting out the various proposed changes to ICANN's current bylaws to give effect to the Transition Proposals. Their work was supported by a Bylaws Coordination Group, formed at the ICANN55 Meeting in Marrakech and comprised of community members from the various groups that contributed to the Transition Proposals.
Whereas, the draft Bylaws were posted for public comment on 21 April 2016 for a period of 30 days. Upon the close of the comments, a detailed analysis of the comments was performed and modifications were made to the Bylaws in response to the public comments. ICANN coordinated with the independent law firms on the revisions.
Whereas, ICANN's General Counsel has affirmed that the proposed New ICANN Bylaws remain consistent with the Transition Proposals and recommends that they be adopted to allow for implementation planning to continue.
Whereas, the revisions to the Bylaws were shared with the Bylaws Coordination Group that was empowered to advise the legal drafting teams in advance of consideration by the Board. The Board then considered the inputs and reactions of the Bylaws Coordination Group as well as the public comment summary and analysis.
Resolved (2016.05.27.01), the ICANN Board adopts the New ICANN Bylaws as revised on 26 May 2016 [PDF, 1.41 MB].
Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective upon the expiration the IANA Functions Contract between ICANN and NTIA. The Board reaffirms its Resolution 2016.03.10.18, stating, "The Board is committed to working with the community to identify the portions of the CCWG-Accountability recommendations that can be implemented in the event that it is determined that ICANN's obligations to perform the IANA Functions will remain under contract with NTIA."
Resolved (2016.05.27.03), the President and CEO, or his designee, is directed to plan for the implementation of the Bylaws so that ICANN is operationally ready to meet its obligations in the event NTIA approves of the IANA Stewardship Transition Proposal and the IANA Functions Contract expires.
Resolved (2016.05.27.04), the Board approves of the transmittal of confirmation to NTIA of the adoption of these Bylaws.
The adoption of the New Bylaws is a crucial step in the planning for the implementation of the Transition Proposals. NTIA has stated that it needs to see that changes to the Bylaws have been adopted sufficient to implement the Transition Proposals before NTIA can complete its review of the Transition Proposals. This timely adoption of the Bylaws is necessary to support the global multistakeholder community's work towards a successful transition of the stewardship of the IANA functions.
These New Bylaws are the product of intensive work of the legal teams in coordination with the ICANN community. The community work was supported through the Bylaws Coordination Group as well as the CWG-Stewardship and the Cross-Community Working Group on Enhancing ICANN Accountability. The Bylaws were posted for a 30-day public comment period, and 31 comments were received. Each of the comments was considered and analyzed, and explanation was provided on whether the Bylaws required modification to reflect the issues raised within the comment. The legal teams continued their close coordination in developing the necessary updates to the Bylaws.
Notably, while there was substantial comment on the Bylaws, there was not need for significant redrafting of any provisions in response to comments. While edits were made to achieve the final Bylaws, there was near unanimous agreement among the commenters that the Bylaws as posted were faithful representations of the Transition Proposals. Only minor clarifications were required to maintain consistency with those Proposals.
In taking this action, the Board relied upon:
ICG's IANA Stewardship Transition Proposal [PDF, 2.31 MB]
Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) Work Stream 1 Report ("Report") to the ICANN Board [PDF, 6.02 MB]
25 May 2016 Report of Public Comments [PDF, 439 KB]
25 May 2016 Chart of Detailed ICANN Analysis of Submitted Comments [PDF, 1.31 MB]
Inputs from the 26 May 2016 Bylaws Coordination Group Meeting
The Board also relied upon the General Counsel and Secretary's affirmation that the Bylaws reflected the Transition Proposals, as well as the statements of independent counsel during the Bylaws Coordination Group meeting that the modifications to the Bylaws continued to support the Transition Proposals.
The adoption of these Bylaws is in line with ICANN's commitment to accountability and transparency. First, the Bylaws include new and enhanced tools for the community to hold ICANN accountable. This action confirms ICANN's commitment to adopt these changes. Second, adoption of the Bylaws at this time confirms ICANN's commitment to supporting the Transition Proposals, as it is responsive to NTIA's need for documentation of ICANN's commitment to the accountability changes called for in the Transition Proposals.
The adoption of these New Bylaws changes is not anticipated to have any impact on the security, stability or resiliency of the DNS. There will be resource implications, including significant resources to plan for the implementation of the new structures and mechanisms called for in the Bylaws. It is also anticipated that there could be significant resource implications once the new Bylaws are made effective, for example in the potential costs of the enhanced Independent Review Process or other mechanisms.
This is an Organizational Administrative Function for which public comments were received.