on ICANN Evolution and Reform
Proposed Corrections and Modifications to New Bylaws
8 December 2002
The Evolution and Reform Committee (ERC) recommends that the Board adopt
the following corrections and modifications to the New
by the Board in Shanghai on 31 October 2002. An explanation of the
reasons for the ERC's recommendations is included in the ERC's Fourth
Supplemental Implementation Report. Added words
are underlined and in magenta and
words are stricken out and in red.
Article IV, Section 2(16):
16. To protect against abuse of the reconsideration process, a request
for reconsideration may be dismissed by the Reconsideration Committee
where it is repetitive, frivolous, non-substantive, or otherwise abusive,
or where the affected party had
notice and opportunity to,
but did not was
unwilling, to participate
in the public comment period relating to the contested action, if applicable.
Likewise, the Reconsideration Committee may dismiss a request when the
requesting party does not show that it will be affected by ICANN's action.
Article IV, Section 3(12):
12. Declarations of the IRP shall be in writing. The IRP shall make
its declaration based solely on the documentation, supporting materials,
and arguments submitted by the parties, and in its declaration shall
specifically designate the prevailing party. The party not prevailing
shall ordinarily be responsible
for bearing all costs of the IRP Provider,
but in an extraordinary case the IRP may in its declaration allocate
up to half of the costs of the IRP Provider to the prevailing party
based upon the circumstances, including a consideration of the reasonableness
of the parties' positions and their contribution to the public
interest. Each party to the IRP proceedings shall bear its
Article X, Section 3(1):
1. Subject to the provisions of the Transition Article of these Bylaws,
the GNSO Council shall consist of two representatives selected by each
of the Constituencies described in Section 5 of this Article, and three
persons selected by the ICANN Nominating Committee. There may also be
liaisons to the GNSO Council,
one appointed by each of
the Governmental Advisory Committee and the
At-Large Advisory Committee from time to time, who shall
not be a members
of or entitled to vote on the GNSO Council, but otherwise shall be entitled
to participate on equal footing with members of the GNSO Council.
Article X, Section 4(2):
2. ICANN shall provide administrative and operational support necessary
for the GNSO to carry out its responsibilities. Such support shall not
include an obligation for ICANN
to fund travel expenses incurred by GNSO participants for travel to
any meeting of the GNSO or for any other purpose.
XI, Section 6:
Section 6. COMPENSATION
Committee members shall receive no compensation for their services
as a member of a committee
, other than reimbursement
of expenses if and as determined appropriate by the ICANN Board.
The Board may, however, authorize the reimbursement of actual and necessary
expenses incurred by committee members, including Directors, performing
their duties as committee members.
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