ICANN Resolutions » IANA Naming Function Reviews Bylaws – Initiation of Fundamental Bylaws Amendment Process
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Whereas, the first IANA Naming Function Review 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, there are other IFR-related Bylaws within Article 18 that could benefit from clarification for future IFR processes.
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, the ICANN Board's Organizational Effectiveness Committee (OEC) recommends the Board to initiate the Fundamental Bylaws Amendment process to move forward the Bylaws amendments to Article 18 as recommended within 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.
Resolved (2022.05.01.06), the ICANN Board initiates the Fundamental Bylaws Amendment process under Article 25, Section 25.2 of the ICANN Bylaws for consideration of proposed amendments to Articles 18 and 19 of the ICANN Bylaws relating to IANA Naming Function Reviews and the IANA Naming Function Separation Process. The ICANN President and CEO, or his designee(s), are directed to initiate a public comment in accordance with the Fundamental Bylaws Amendment process.
The Board's action today is 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. By incorporating additional proposed changes to Articles 18 and 19 within the same Fundamental Bylaws Amendment process, the Board recognizes the efficiencies that can be gained for the ICANN community addressing the proposals together instead of in a piecemeal fashion. The additional proposed changes to Article 18 are of two types: (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. The proposed change to Article 19 reflects changes to update the geographic diversity selection requirements in the event an IANA Naming Function Separation Process is ever initiated, as those selection requirements are identical to the requirements within Article 18. It is appropriate to initiate the Fundamental Bylaws Amendment process at this time in order to complete the implementation of the IFR recommendations. Initiating the Fundamental Bylaws Amendment process over these IFR-related Bylaws at this time also provides time for the proposals to be considered and, if appropriate, approved well in advance of the initiation of the next IFR.
The changes that are recommended for clarification of process have been tailored to more clearly set out the expected processes as designed during the IANA Stewardship Transition Process, and do not represent a change to any of those processes.
For clarity, the table below identifies the purpose for each proposed amendment:
Punctuation addition or removal
Clarification of sequencing of Board consideration of IFR outputs. A key part of these clarifications includes re-ordering the paragraphs regarding the timing of Board consideration of IFR outputs, including clearer definition of what constitutes a Board rejection and when the Empowered Community has an opportunity to consider rejecting that rejection. The Bylaws currently impose a 45-day window on certain Board actions relating to IFR recommendations and authorize the Empowered Community to initiate rejection proceedings if action is not taken within that window. The proposed updates make more explicit that the Board's failure to act within the prescribed timeframe is to be considered a rejection. The updates also make clearer that the only time that the Empowered Community has the ability to consider rejecting the Board's approval of an IFR Recommendation is when the Board approves an IFR recommendation to initiate the process to explore separation of IANA from ICANN. This limitation currently exists in the Bylaws but is expressed in the negative ("shall not apply . . . unless such IFR Recommendation relates") and separate from the clause that it modifies. The proposed change provides a more affirmative statement that the only time the Board's approval of an IFR recommendation is subject to an Empowered Community Process is when that approval relates to the separation process.
Clarification of Geographic Diversity Requirements in Composition
Removal of duplicative grounds for Special IFR
IANA Naming Function Review
Clarification of potential outputs of Special IFR and sequencing of Board consideration of IFR outputs, including clearer, more affirmative statements of special obligations relating to the initiation of an IANA Naming Function Separation Process. The proposed changes in this section mostly mirror the changes made within Section 18.6.
Updating of ccNSO representative selection process to conform to 2019 Bylaws amendments to Section 18.7(a); updating geographic diversity composition requirements to confirm to proposed amendments to Section 18.8
ICANN org, on behalf of ccNSO and RySG
The first step of the Fundamental Bylaws Amendment process, under Article 25, Section 25.2 of the Bylaws, is for a public comment over the proposed changes. The Board will consider the substance of the proposed changes along with the public comments received. As part of the Fundamental Bylaws Amendment process, if the Board approves the proposed amendments, the Empowered Community will then have an opportunity to evaluate for approval. The proposed amendments to Articles 18 and 19 will only go into effect if supported by the Empowered Community.
Today's action supports ICANN's continued delivery of the IANA functions, which is a cornerstone of ICANN's mission. It is also in the public interest in that it will continue to support and improve the reviews of ICANN's delivery of the IANA Naming Function within the future, preserving and enhancing this key responsibility.
Initiating the Fundamental Bylaws Amendment process is not anticipated to result in any impact to the security, stability or resiliency of the Internet's DNS. Nor is this action anticipated to result in any budgetary or financial implications.