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[bc-gnso] Accountability CCWG: inventory of accountability mechanisms, draft 4

  • To: BC List <bc-gnso@xxxxxxxxx>
  • Subject: [bc-gnso] Accountability CCWG: inventory of accountability mechanisms, draft 4
  • From: Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>
  • Date: Sun, 21 Dec 2014 21:13:06 +0000

BC members — keeping you informed of progress on the Accountability CCWG.  
Below and attached are what I sen to the CCWG today for discussion on Tuesday’s 
call (1:00am Eastern).  All are welcome to join the call.

—Steve


On 12/21/14, 9:10 PM, "Steve DelBianco" 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>> wrote:

To: members of CCWG and Work Area 2,

After our last call on 16-Dec, the chairs tasked the entire CCWG with this 
action:
3. ACTION review the inventory list compiled by WA2 and suggest either 
additions to or deletions from the list.

With regard to work area 2, everyone is encouraged to review the latest version 
of the inventory that was developed by the WA 2 sub-group. The inventory is 
intended to capture all ideas / suggestions made to date through previous 
public comment periods and/or (new) suggestions from CCWG colleagues. As agreed 
during the last call we suggest that you now check whether the list is 
complete, and if not suggest to include other items or delete some on the list. 
We ask you to share any additions to the inventory prior to our next meeting on 
Tuesday 23 December.

The chairs also recommended next steps for our Work Area 2, after our inventory 
is complete. (see bottom of this email)

As rapporteur for Work Area 2, I reviewed emails since 16-Dec (see email 
archives<http://mm.icann.org/pipermail/ccwg-accountability2/2014-December/date.html>
 for Work Area 2 and for entire 
CCWG<http://mm.icann.org/pipermail/accountability-cross-community/2014-December/date.html>).
  Most of the correspondence was about Public Interest and International Law, 
but I found notes relevant to Work Area 2 from Kavouss Arasteh, Alain Bidron, 
Google, Paul Rosenzweig, and Carlos Raúl Gutiérrez.

For your review, I attach an updated drafted with these changes:
- added a footnote to page 1 citing how Member oversight is enabled by 
California Law and by ICANN Articles of incorporation, and noted that ICANN’s 
present bylaws would have to be changed to recognize Members.

- I did not delete any items at this point, but for items where opposition has 
been noted, you will see under the Support column, [opposition noted]

-  Per requests from the chairs and from Alain Bidron, I expanded the rationale 
for work stream designations.  These appear in the headers of the table and are 
shown below:
Proposed rationale for designating Work Streams:  Work Stream 1 is designated 
for accountability enhancement mechanisms that must be in place [or firmly 
committed] before IANA transition occurs.  All other consensus items could be 
in Work Stream 2, provided there are mechanisms in WS1 adequate to force 
implementation of WS2 items despite resistance from ICANN management and board.

1. Mechanisms giving the ICANN community ultimate authority over the ICANN 
corporation.   Most of these are initially designated as WS1, since community 
Members need the leverage of IANA transition to obtain these Bylaws changes.

2. Mechanisms to restrict actions of the board and management of the ICANN 
corporation.   Most of these are initially designated as WS2, since the Members 
could reverse board or management decisions if Members are empowered in WS1 
(above).

3. Mechanisms to prescribe actions of the ICANN corporation. Most of these are 
initially designated as WS2, since the Members could reverse board or 
management decisions if Members are empowered in WS1 (above).  For example, a 
bottom-up consensus process to change ICANN bylaws might be rejected by ICANN 
board, but the Members could then reverse that decision and force the change.  
[I folded the Transparency items into this category]

Look forward to discussion on tomorrow’s call.
—
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org<http://www.netchoice.org/> and 
http://blog.netchoice.org<http://blog.netchoice.org/>
+1.202.420.7482


On 12/18/14, 3:10 PM, "Thomas Rickert" 
<rickert@xxxxxxxxxxx<mailto:rickert@xxxxxxxxxxx>> wrote:

B. WA 2

With regard to work area 2, everyone is encouraged to review the latest version 
of the inventory that was developed by the WA 2 sub-group. The inventory is 
intended to capture all ideas / suggestions made to date through previous 
public comment periods and/or (new) suggestions from CCWG colleagues. As agreed 
during the last call we suggest that you now check whether the list is 
complete, and if not suggest to include other items or delete some on the list. 
We ask you to share any additions to the inventory prior to our next meeting on 
Tuesday 23 December.

It is our intention that after completing this inventory, the CCWG will, as 
next steps, consider the following:

  *   Assess and determine which items of the inventory belong in stream 1 
(mechanisms that must be in place or committed to within the time frame of the 
IANA Stewardship Transition in light of the changing historical contractual 
relationship with the US Government) or stream 2 (accountability topics for 
which a timeline for developing solutions and full implementation may extend 
beyond the IANA Stewardship Transition). Note that the charter of the CCWG 
includes a definitions and guiding questions questions, which are expected to 
serve as the basis for this assessment and determination (see below). In order 
to make this assessment the CCWG should also consider the meaning of ‘must be 
in place’ and ‘committed to’ as included in the definition of work stream 1. 
(Note: Steve already included a proposed categorisation in the latest draft 
version of the inventory).
  *   Provide a rationale for categorising an item as part of work stream 1 or 
2, taking into account the definitions and guiding questions in the CCWG 
charter.

Only after agreement has been reached on the categorisation of items and 
rationale, we can proceed to focus on the items in work stream 1 to a) develop 
further details for each of the proposed accountability mechanisms and b) 
review each accountability mechanism proposed in work stream 1 and c) assess 
whether there is CCWG support for including it as part of the CCWG 
recommendations.

As a reminder, the following list of non-exhaustive questions were included in 
the CCWG charter to aid the CCWG in its deliberations:

Suggested questions to be considered as part of Work Stream 1 include, but are 
not limited to:

  *    What would be the impact of NTIA’s transition of the IANA Functions 
Contract in ensuring ICANN’s accountability and what potential accountability 
concerns could this cause?
  *   What enhancements or reforms are required to be implemented or committed 
to before the NTIA Stewardship Transition?
     *    How will these enhancements or reforms be stress-tested?
  *   What enhancements or reforms must be committed to before the NTIA 
Stewardship Transition, but could be implemented after.
     *   If the implementation of enhancements or reforms are to be deferred, 
how can the community be assured they will be implemented?
  *    How will these enhancements or reforms be stress-tested?

Suggested questions to be considered as part of Work Stream 2 include, but are 
not limited to:

  *   What enhancements or reforms can be addressed after the NTIA Stewardship 
Transition?
  *   If there are enhancements or reforms that can be addressed after NTIA 
disengages, what new or existing processes ensure they will be addressed and 
implemented?
     *   How will these enhancement or reforms be stress-tested?

Suggested questions to be considered as part of both Work Stream 1 and 2 
include, but are not limited to:

  *   What mechanisms are needed to ensure ICANN’s accountability to the 
multi-stakeholder community once NTIA has disengaged from its stewardship role?
  *   What enhancements or reforms are needed to ICANN’s existing 
accountability mechanisms?
  *   What new accountability reforms or mechanisms are needed?
  *   If accountability enhancements and reforms are made through changes to 
ICANN’s Articles of Incorporation or By-Laws, how can the community be assured 
that those changes will be permanent, or not subject to unilateral amendment by 
the ICANN Board at a later date?
  *

Attachment: WorkArea2 Accountability suggestions [draft 4].pdf
Description: WorkArea2 Accountability suggestions [draft 4].pdf

Attachment: WorkArea2 Accountability suggestions [draft 4].docx
Description: WorkArea2 Accountability suggestions [draft 4].docx



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