Re: [bc-gnso] Leading into Marrakech: An Update from the CCWG-Accountability co-Chairs

[Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>]

Thanks, Chantelle .  Since that update was written back on 2-Feb, we’ve made 
considerable progress on the CCWG recommendations listed as “still under 
discussion”

On today’s CCWG call, we finalized text for all 12 recommendations, to be 
published as our Final Supplemental proposal.   CCWG is working with staff and 
our lawyers to generate the final document by week of Feb 15, in time for 
Chartering Organizations (incl GNSO) to consider before (or at Marrakesh).

On Rec 11 dealing with Stress Test 18, our final proposal is:
The board’s obligation to “try to find a mutually acceptable solution” will 
only apply for GAC advice that is approved by broad agreement in the absence of 
any formal objection.

For GAC advice that is "approved by broad agreement in the absence of any 
formal objection”, the ICANN board needs 60% threshold to reject, instead of 
50%.   That is an increase of 1 board vote, relative to today’s bylaws.   It is 
one vote less than the 2/3 threshold published in the CCWG 3rd draft.

Formal Advice from any AC must include a rationale.

If the community is considering a challenge to the Board’s implementation of 
GAC Advice, the community decision should not be blocked by the GAC as a 
decisional participant.  So the GAC will not be given a formal decisional role 
in a community decision on whether to challenge board action based on GAC 
advice.    We designed a process for this carve-out, which I’ll share before 
our BC call this week.





From: <owner-bc-gnso@xxxxxxxxx<mailto:owner-bc-gnso@xxxxxxxxx>> on behalf of 
Chantelle Doerksen 
<chantelle.doerksen@xxxxxxxxx<mailto:chantelle.doerksen@xxxxxxxxx>>
Date: Tuesday, February 9, 2016 at 12:53 PM
Subject: [bc-gnso] Leading into Marrakech: An Update from the 
CCWG-Accountability co-Chairs

For your review.

_____________________________
https://www.icann.org/news/blog/leading-into-marrakech-an-update-from-the-ccwg-accountability-co-chairs

Leading into Marrakech: An Update from the CCWG-Accountability co-Chairs

The Cross Community Working Group on Enhancing ICANN’s Accountability 
(CCWG-Accountability) has ushered in 2016 with a full schedule and renewed 
dedication to its mission.

Following the release of the staff 
report<https://www.icann.org/en/system/files/files/report-comments-draft-ccwg-accountability-proposal-08jan16-en.pdf>
 and the summary of public 
comments<https://www.icann.org/en/system/files/files/summary-comments-draft-ccwg-accountability-proposal-08jan16-en.xlsx>,
 both of which were published on 8 January, the group wasted no time in setting 
up a rigorous schedule of conference calls for the rest of the month.

The schedule was designed to enable inclusive and informed debates about the 
input received during the 21-day public comment period and the feedback 
provided by the six Chartering Organizations of CCWG-Accountability.

The dedication of our members and participants, along with the increased 
involvement by members of the ICANN Board, has allowed us to make significant 
progress over the past four weeks. The collaborative environment has brought us 
even closer to our goal of a consensus proposal that will meet the requirements 
of the National Telecommunications and Information Administration (NTIA) and 
fulfill the dependencies of the CWG-Stewardship in the ICG Final Proposal.

Here is the current status of each CCWG-Accountability Work Stream 1 
Recommendations:

Recommendation #1: Establishing an Empowered Community for Enforcing Community 
Powers


Finalized.


Recommendation #2: Empowering the Community Through Consensus: Engagement, 
Escalation, Enforcement


Final comments by CCWG-Accountability. Expect final by February 5th.


Recommendation #3: Redefining ICANN’s Bylaws as ‘Standard Bylaws’ and 
‘Fundamental Bylaws

Finalized.


Recommendation #4: Ensuring Community Engagement in ICANN Decision-making: 
Seven New Community Powers


Edits to reflect input on PTI budget (CWG-Stewardship) and indemnification 
language for removal of Directors by the Empowered Community.


Recommendation #5: Changing Aspects of ICANN’s Mission, Commitments and Core 
Values


Still under discussion by the CCWG-Accountability.


Recommendation #6: Reaffirming ICANN’s Commitment to Respect Internationally 
Recognized Human Rights as it Carries Out its Mission


Final comments by CCWG-Accountability. Expect final by February 5th.


Recommendation #7: Strengthening ICANN’s Independent Review Process


Edits to reflect input on applicability to PTI.


Recommendation #8: Improving ICANN’s Request for Reconsideration Process


Final comments by CCWG-Accountability. Expect final by February 5th.


Recommendation #9: Incorporating the Affirmation of Commitments in ICANN’s 
Bylaws


Still under discussion by the CCWG-Accountability.


Recommendation #10: Incorporating the Affirmation of Commitments in ICANN’s 
Bylaws


Final draft to be reviewed by lawyers before final comments by 
CCWG-Accountability. Expect final by February 5th.


Recommendation #11: Board Obligations with regards to Governmental Advisory 
Committee Advice (Stress Test 18)


Still under discussion by the CCWG-Accountability.


Recommendation #12: Committing to Further Accountability Work in Work Stream 2


Finalized.


For the latest versions of all of the recommendations above, visit the 
CCWG-Accountability wiki<https://community.icann.org/x/8JVlAw>.

After consensus has been reached on our few outstanding issues, the 
CCWG-Accountability will develop a “supplemental” report of the Work Stream 1 
Recommendations, including a summary of changes from the Third Draft Report.

The supplemental report is currently being developed, and will go through an 
open and transparent 
process<http://mm.icann.org/pipermail/accountability-cross-community/attachments/20160120/0e76810a/Timelineandnextsteps-0001.pdf>
 of 1) CCWG-Accountability consultation, 2) support staff editing/proofing, 3) 
co-Chair and Rapporteur finalization, 4) legal review and 5) final publication. 
Our hope is that the majority of changes from the Third Draft Report will 
relate to specificities of implementation rather than content, and as such, an 
additional public comment period will not be necessary before approval by the 
Chartering Organizations.

Our goal is to distribute the supplemental report to our Chartering 
Organizations in time for consideration and approval on all Work Stream 1 
Recommendations at ICANN55 in Marrakech. Keeping in mind the working methods 
for the various Supporting Organizations and Advisory Committees, we ask that 
this be into account as the Chartering Organizations plan their discussions and 
schedules leading into and during ICANN55. With that said, we encourage any 
Chartering Organizations that can deliberate and/or approve the Work Stream 1 
Recommendations prior to Marrakech to do so.

We are grateful for the increased involvement of the ICANN Board as our work 
has progressed since the Third Draft Report. It has been helpful to understand 
Board comments in real-time, including ways to ensure any global public 
interest concerns are debated and considered as the recommendations are being 
revised. We hope to continue this open dialogue as the supplemental report is 
finalized, and ask the ICANN Board to be mindful of the timeline as they plan 
their review period of the Work Stream 1 Recommendations and submission to NTIA.

CCWG-Accountability co-Chairs
Mathieu Weill, Thomas Rickert, León Sanchez