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  • The General Counsel’s office can help in various ways with the drafting of the needed Bylaw amendments. 
  • One main concern of our office is the internal consistency of the Bylaws. 
  • The document I’ve distributed shows some proposed Bylaw changes I had drafted earlier in an attempt to satisfy the needs of the ALAC Review WG’s Final Report (see Legal Dept Drafts: ICANN Bylaws (4 Dec 2010; S Eisner).  This document can now be shown to the community, etc.

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Yrjo:  Regarding the WT A report to be given during the ALAC and Regional Leadership Wrap-Up session here in Cartagena, I would like to use the suggested Bylaw changes in Comments a and b found on the WT’s Confluence page (see WT A Drafts: ICANN ByLaw Changes).  Comments c and d I’ll mention just really as placeholders.  Now, granted, the WT’s competency is not drafting Bylaw amendments; that’s Legal’s role.  But these are our recommended changes.

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Samantha:  Regarding comment b, I believe it is already handled the Bylaws and in the draft revisions I’ve handed out (see Legal Dept Drafts: ICANN Bylaws (4 Dec 2010; S Eisner).  And I would be hesitant to repeat sections already present in the Bylaws.  There’s no need to repeat them.  Similarly, or the opposite actually, Legal would be hesitant to remove something from the Bylaws that is needed.  For example, I saw in an early draft on your Confluence page, though perhaps it’s now back in, that your revised wording removed the phrase in Article XI, 4 (a) “the interests of individual Internet users,” because that defines for us the role of At-Large.

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>>  AI:  Samantha Eisner (Legal) to check with others in General Counsel’s office regarding whether or not a nonbinding preamble can be added within the Bylaws.

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>>  AI:  Samantha to use WT A’s revised Bylaw language (on WT A Drafts: ICANN ByLaw Changes) to draft a nonbinding preamble for use within Bylaws.

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