Second Supplemental Implementation Report of the Committee on ICANN Evolution and Reform
23 October 2002

Committee on ICANN Evolution and Reform
Second Supplemental Implementation Report
(with Revised Bylaws)
23 October 2002

On 2 October 2002, the Evolution and Reform Committee released its Final Implementation Report and Recommendations, which included draft New Bylaws for ICANN. On 11 October 2002, we released a First Supplemental Implementation Report, announcing that we intended to augment the New Bylaws with more detailed provisions relating to the At-Large Advisory Committee, adjusting the recommended language to Core Value 11, and providing clarification on the terms of directors.

This Second Supplemental Implementation Report includes the more detailed New Bylaws provisions dealing with the At-Large Advisory Committee and Expert Advisory Panels, and also additional refinements for the Technical Advisory Committee, now renamed the Technical Liaison Group. Accompanying this Report is a new draft of the proposed New Bylaws, with modifications reflecting those changes and some minor technical corrections. (A redline showing changes from the 2 October 2002 draft is also available.)

I. Expanded New Bylaws Relating to At-Large Advisory Committee

We received a number of comments suggesting that the treatment of the ALAC in the New Bylaws was inconsistent with the general approach of setting forth in those New Bylaws provisions relating to the steady-state ICANN, and leaving for a transition article matters relating to the transition from the ICANN of today to that reflected in the New Bylaws. This criticism is well taken, and so the attached new draft of the proposed New Bylaws contains a more detailed set of provisions (in Article XI, Section 2(4)) relating to the ALAC in a steady-state environment. Transition issues will be dealt with in the Transition Article, intended to be adopted at the Annual Meeting in December.

II. Technical Liaison Group

Throughout the reform process, we have received continuing feedback on the need for, and if created, the structure and operational details of, the Technical Advisory Committee, both from the intended participants and from others. The comments and dialogue on this subject have led to substantial modification of the original TAC proposal, as reflected in the revised New Bylaws that accompany this Report. The provisions relating to the Technical Liaison Group, as we now recommend it be called, can be found in Section 2 of Article XI-A.

III. Expert Advisory Panels

Section 7 of the Blueprint endorsed the use within the ICANN policy-development process of Expert Advisory Panels as sources of independent expert advice on particular public policy matters that may arise. The New Bylaws recommended in the ERC’s "final" implementation report take only a first step in realizing the potential of expert input, addressing use of outside advisors in a partial way in item 10(b) of Annex A (with respect to development of policies within the GNSO). In continuing its efforts to fully implement Section 7 of the Blueprint, the ERC recognizes the benefits of establishing relationships with Expert Advisory Panels, through appropriate mechanisms within the ICANN structure, particularly those institutionally coordinated within specialized organizations, including by encouraging constructive participation by relevant multinational governmental and treaty organizations.

In the cases where advice is sought concerning matters of public policy from Expert Advisory Panels drawn from relevant multinational governmental and treaty organizations, the ERC believes that the Governmental Advisory Committee (GAC) is the appropriate body to facilitate arrangements for such assistance. The GAC is the body chartered to advise ICANN on the concerns of governments, under whose auspices multinational governmental and treaty organizations operate. It is important that the scope and means of interaction between ICANN and those organizations be institutionalized in a manner that is satisfactory to governments, matching up governmental or treaty organizations with areas of expertise relevant to pertinent public policy considerations within ICANN's mission. Thus, the establishment of appropriate arrangements, including definition of scope and process, for obtaining advice from such organizations should be done in consultation with the GAC.

Advice received from Expert Advisory Panels should be advisory and not binding, and intended to augment the record available to the Board or policy-development bodies as appropriate.

Section 1 of Article XI-A of the proposed New Bylaws covers these concepts.

IV. Other Changes

The ERC has received various other suggestions for more limited wording changes to the bylaws. The ERC is still analyzing these suggestions, many of which appear to be quite helpful, but has not yet completed this process. The ERC will be studying these suggestions at Shanghai and, as appropriate, will incorporate them into future drafts of the New Bylaws.

V. Charts

Members of the community may wish to refer to the unofficial, but useful, set of charts prepared by Alexander Svensson depicting various aspects of the structure and processes described in the ERC’s 2 October 2002 Final Implementation Report and accompanying bylaws.

Committee on ICANN Evolution and Reform
23 October 2002

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