February 2015 - Accountability-Cross-Community

Fwd: Agenda Notes and Papers for CCWG-ACCT WP1 Meeting #1
by Jordan Carter Feb. 18, 2015

Feb. 18, 2015

Forwarded for the CCWG's info, without attachments. This meeting is at 2100-2230 UTC on Wed 18 Feb. Jordan ---------- Forwarded message ---------- From: Jordan Carter <jordan(a)internetnz.net.nz> Date: 18 February 2015 at 21:43 Subject: Agenda Notes and Papers for CCWG-ACCT WP1 Meeting #1 To: wp1(a)icann.org Hi all There are now some papers to review, both attached in .docx and .pdf format and available as google docs. The agenda is the same as the draft previously circulated, and the below version includes some annotations to help understand the items/issues in advance: *1. Scope of this Working Party, WP1* This WP was initially called Community Empowerment. The face to ace meeting at ICANN Singapore last week led to a suggestion we be the "non-Triggered" Working Party. This would see us dealing with things that are powers or mechanisms for the ICANN community that form part of regular planned processes (e.g. approving or rejecting budgets). Becky's WP2 would deal with mechanisms that were "triggered" by some event e.g. a petition to remove a Board member. It will help to *review* our "Scope Mechanisms Powers" paper which is available at https://docs.google.com/document/d/1- 17DuxWJJuUk6QAelcz7X4L3KiyQ2XcEqapHVj9ir38/edit?usp=sharing - this has been *updated* with unique labels for each element of work and an additional power suggestion as circulated by Steve DelBianco this week. *2. Work Plan and Working Methods* This doc is at https://docs.google.com/document/d/1C7eMTu0k8KOTiRlhlt8vqAGwYc4vbl1EiiVGW6v… and is also attached. We need to agree our plan and methods, which can be as set out, as amended by us on the call, or done entirely differently as agreed on the call. *We will need volunteers* to help generate content and to edit content. Add your name as a comment in the Google doc, preferably. *3. Scope Powers and Mechanisms* The Working Party hasn't actually met and discussed this paper. It is up for discussion, changing, shaping, etc. We should adopt it as an agreed Working Document. *4. Volunteers* This is the chance to volunteer as a Drafter or an Editor, as outlined in the Work Plan and Working Methods document. *5. Any Other Business* Look forward to speaking with you soon! cheers Jordan -- Jordan Carter Chief Executive *InternetNZ* 04 495 2118 (office) | +64 21 442 649 (mob) jordan(a)internetnz.net.nz Skype: jordancarter *To promote the Internet's benefits and uses, and protect its potential.*

1 0

Thinking ahead - overcoming the legal obstacles to accountability
by Kieren McCarthy Feb. 18, 2015

Feb. 18, 2015

Hello all, There have been no less than seven previous attempts to introduce real accountability at ICANN. They have all failed to achieve a fundamental goal: override or impact ICANN corporate (under whatever circumstances). In the specific cases where the override recommendations have been explicit, they have been undermined at the last step by ICANN internal legal advice. This group has, to some degree, learned from the past by deciding that it needs to get independent legal advice for its recommendations as part of the process. Even more usefully, ICANN's legal team has been prompted into providing its own legal analysis so we know what its position is ahead of time. Aside from the fact that I think allowing ICANN to pay for the external independent legal advice is foolish in the extreme, I see two fundamental issues for this group to discuss and reach agreement on if this process is to have the desired end result. And they are: 1. What happens if/when the independent legal advice say a particular mechanism is perfectly legal but ICANN's internal legal advice say it isn't? What will Board members do? How do we ensure this discussion happens publicly and with plenty of time remaining? I think we should ask Board members now what they would do. Would they be willing to override internal legal advice, and under what circumstances? Will they commit to some kind of binding arbitration in the event that the two legal advices conflict in fundamentally important ways? This is an almost inevitable scenario so let's get ahead of it now and make reasoned decisions before the pressure and politics come into play. Plan ahead. 2. A fundamentally piece of the accountability mechanisms that are likely to be recommended includes making ICANN a member organization of some type. We have Jones Day on record as saying that don't think California law allows anyone but the Board to make final decisions (in fact, they don't actually say that if you read it carefully because they know it's not true). What we don't have is Jones Day/ICANN on record talking about the other legal get-out clause they have used in the past when it comes to accountability: anti-trust law. ICANN's particular interpretation of anti-trust law has been pulled out as a final defense multiple times but I haven't seen it yet in this latest round of accountability discussions, so it is more than possible that it is holding back that particular defense now that the "California law corporate code" genie is out of the bottle. I can easily see a scenario where we all agree that it is possible to make these changes under California corporate law and then agree to hand over IANA to ICANN only to find that the Board discovers at the last minute that they also violate anti-trust law and so, regretfully, cannot be implemented. So I would ask this group to try to get ICANN's formal position on anti-trust law with respect to possible changes and also get independent legal advice on that aspect too. I would also recommend that people go through previous failures to introduce recommendations and try to find what the legal justifications were that prevented them from being implemented. And then do the same pre-emptive work so we don't end up repeating history. Hope this is useful. Kieren

9 14

CCWG Project Plan History & Timelines
by Berry Cobb Feb. 17, 2015

Feb. 17, 2015

CCWG, For the links below you will find the areas of the CCWG Wiki where versions of the CCWG Project Plan and CCWG Visual Timelines are stored. Project plans will be updated on a weekly basis and the timelines provide a simplified version of the project plan Gantt chart. CCWG Project Plans: https://community.icann.org/display/acctcrosscomm/Project+Plans CCWG Timelines: https://community.icann.org/display/acctcrosscomm/Drafts+for+CCWG-Accountabi lity **Refer to row 2 for Timeline history. The most recent will be listed at the top of the cell. Thank you. B Berry A. Cobb Internet Corporation for Assigned Names & Numbers 720.839.5735 mail(a)berrycobb.com @berrycobb

1 0

Re: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5
by Robin Gross Feb. 17, 2015

Feb. 17, 2015

Yes, I made this suggestion. Thanks, Robin On Feb 16, 2015, at 3:54 PM, Tijani BEN JEMAA wrote: > Dear Adam, > > I may have missed some of the mails exchanged but I don’t remember that it was suggested that the public interest be replaced by human rights and internet freedom. > > Tijani > > > > -----Message d'origine----- > De : accountability-cross-community-bounces(a)icann.org [mailto:accountability-cross-community-bounces@icann.org] De la part de Adam Peake > Envoyé : lundi 16 février 2015 18:45 > À : Accountability Cross Community > Objet : [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5 > > Apologies for the delay sending this summary. It was sent to the advisors last week. > > Best, > > Adam > > > > > > > > Ce courrier électronique ne contient aucun virus ou logiciel malveillant parce que la protection Antivirus avast! est active. > > > _______________________________________________ > Accountability-Cross-Community mailing list > Accountability-Cross-Community(a)icann.org > https://mm.icann.org/mailman/listinfo/accountability-cross-community

3 2

Notes-Recordings-Transcript links for CCWG ACCT Session #13 17 February
by Brenda Brewer Feb. 17, 2015

Feb. 17, 2015

Dear all, The notes, recordings and transcripts for the CCWG ACCT Session #13 call on 17 February will be available here: https://community.icann.org/pages/viewpage.action?pageId=52889460 ACTION ITEMS Action: CCWG colleagues to provide feedback on the template, and on processes for further work and our standardized approach. Action: Proposal to engage with GAC on stress test item 18 and review on the next call (Co-chair plus Steve DelBianco and Cheryl Langdon Orr) Action (Staff) to ask expert advisors to consider cross-border law issues related to this stress test and how to mitigate this risk? NOTES 1. Welcome, Roll Call & SOI Cheryl Langdon Orr on the audio bridge 2. WP1 &WP2 Jordan Carter and Becky Burr Recognized the need to ensure clear demarcation between WP1 and WP2 and structuring of their work. Proposing accountability and escalation mechanisms and how those could be achieved. These accountability mechanisms would be triggered and non-triggered. There are things that happen as part of ICANN's normal process (non-triggered , e.g. budget processes) and those that get triggered by an action or lack of an action by ICANN. Building into the process the opportunity to re-adjust as required. Close coordination between the two groups including on deadlines. And will provide a full list of these powers and mechanisms. "Volunteers" any member and participant may join, observers status remains unaltered (note, observers can change their status) - Accountability mechanism template: Template to set out the basic parameters for accountability mechanisms. Action: request feedback from colleagues on the template and our processes for further work and our standardized approach. Not a one size fits all decision-making body, needs to be able to reflect different interests and balance of skills, regional diversity, gender. In some situations might be people from the community. Other cases complete independence might be desirable in the decision making body. What are the voting mechanisms for this decision making body/bodies? How are the decisions makers themselves accountable? The chairs will suggest a test case with the group to see how the process works, adjust if necessary. Caution against using the term "CCWG" for the entity, a pre-defined term. Solution needs to be simple, easily understandable and usable by the community. The division between community powers and mechanism is intended to enable this. Description of what the power is needs careful identification. Simple outcome, but complicated work to get to the solution. Jordan: suggest closing the documents in 4 weeks. By face to face mtg, expect to see a set of templates, on triggered and non-triggered mechanisms. 3. WP-ST (Cheryl Langdon Orr & Steve DelBianco) Consolidated inventory of 25 contingencies are being stress tested against the consistent methodology, review of progress and continued examples from those presented in Singapore. Call for comments on: 14, Termination of AoC? None 16. ICANN participation in programs beyond technical mandate? None 22. Failure to comply with bylaws or refusal to accept a decisions of a redress mechanism (remedy, threat of board recall). First reading, carry over to CCWG call #14. Note, the proposed measures are still highly provisional. Example, stress test 18. GAC advice to the ICANN Board. Changes in GAC voting processes. Suggestion that if GAC moved to majority voting, this would not carry the deference of consensus. Suggests a risk capture of ICANN processes by a single stakeholder. Action: Proposal to engage with GAC on stress test item 18 and review on the next call (Co-chair plus Steve DelBianco and Cheryl Langdon Orr) Stress test 19. Redelegation of gTLD, with the action challenged in court by the registry. Which instruction does the root zone maintainer follow, IANA/ICANN process or court? Action (Staff) to ask expert advisors to consider cross-border law issues related to this stress test and how to mitigate this risk? How does recognition of national governments help provide ICANN with broad protections? 4. Timeline (inc. F2F) F2F 23-24 March, details by the end of this week. At the close of f2f meeting, there are 12 working days in which to ready the document for public comment. Public comment of 30 days. 2 weeks to respond and submit a final document to the Chartering Organizations for their comment for 21 days. Submit to the Board prior to ICANN 53. CCWG 23-24. CWG-Stewardship to meet at the same location on March 26-27, with 25th for coordination between the chairs. Less than 5 weeks to the F2F and need to complete work in a very short timeframe. 5. Update on definitions & scoping document (after feedback from Advisors) A new version reflecting comment from the external advisors and CCWG colleagues will be distributed this week. Jan Scholte suggested looking at the accountability of accountability mechanisms themselves (will the new layers be accountable). He will provide best practice. 6. AOB None. 7. Concluding remarks END

1 0

CCWG list summary, Jan 30 to Feb 5
by Adam Peake Feb. 16, 2015

Feb. 16, 2015

Apologies for the delay sending this summary. It was sent to the advisors last week. Best, Adam

2 1

Re: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5
by Adam Peake Feb. 16, 2015

Feb. 16, 2015

PDF attached. Adam -----Original Message----- From: Adam Peake <adam.peake(a)icann.org> Date: Tuesday, February 17, 2015 at 2:45 AM To: Accountability Cross Community <accountability-cross-community(a)icann.org> Subject: [CCWG-ACCT] CCWG list summary, Jan 30 to Feb 5 >Apologies for the delay sending this summary. It was sent to the advisors >last week. > >Best, > >Adam > > > >

1 0

AGENDA & ACC MECHANISM TEMPLATE - Meeting # 13
by Alice Jansen Feb. 16, 2015

Feb. 16, 2015

Dear all, Below you will find a proposed agenda in preparation for your call #13 - Tuesday, 17 February - 06:00-08:00 UTC: 1. Welcome, Roll Call & SOI 2. WP1<https://community.icann.org/display/acctcrosscomm/WP1+--+Community+Empowerm…> &WP2 <https://community.icann.org/display/acctcrosscomm/WP2+--+Review+and+Redress> - Organization of work (Jordan & Becky) - Accountability mechanism template - Expected delivery 3. WP-ST<https://community.icann.org/display/acctcrosscomm/ST-WP+--+Stress+Test+Work…> (Cheryl & Steve): - Approval of stress tests reviewed thursday - Review of 2-3 other stress tests 4. Timeline<https://community.icann.org/download/attachments/50823981/ICG-CWG-CCWG_time…> (inc. F2F) 5. Update on definitions & scoping document<https://community.icann.org/download/attachments/50823981/ProblemDefinition…> (after feedback from Advisors) 6. AOB 7. Concluding remarks In anticipation of your meeting #13, please also find a suggested accountability mechanism template in email attachments. Thanks, Best regards Alice

1 0

Interviews from Frankfurt F2F
by Grace Abuhamad Feb. 16, 2015

Feb. 16, 2015

Dear all, Apologies for not sharing these sooner, but here are a few video interviews from the Frankfurt F2F meeting: https://community.icann.org/display/acctcrosscomm/Interviews These videos were put together by Jim Trengrove (ICANN Communications). We'll look into doing more of these in the future. Best, Grace

1 0

Re: [CCWG-ACCT] AFRALO Statement
by tijani.benjemaa＠topnet.tn Feb. 14, 2015

Feb. 14, 2015

Dear all, Please find attached the AFRALO / AfrICANN joint meeting statement read by Aziz Thursday morning in both English and French. Tijani

4 3