March 2015 - Accountability-Cross-Community

GAO meeting request
by Mathieu Weill April 20, 2015

April 20, 2015

Dear Colleagues, For your information, the US Governement Accountability Office has requested a teleconference with the co-chairs of the CCWG. Tentative date is currently discussed for next week (7 or 8 April). Your inputs are welcome. Best regards, Thomas Rickert, Leon Felipe Sanchez, Mathieu Weill -------- Message transféré -------- Sujet : April 1, 2, or 3 Meeting Request CCWG-Accountability Chairs Date : Thu, 26 Mar 2015 17:45:11 +0000 De : Healey, John C <HealeyJ(a)GAO.GOV> Pour : 'rickert(a)anwaelte.de' <rickert(a)anwaelte.de>, 'mathieu.weill(a)afnic.fr' <mathieu.weill(a)afnic.fr>, 'leonfelipe(a)sanchez.mx' <leonfelipe(a)sanchez.mx> Good day, Mr. Rickert, Mr. Sanchez Ambia, and Mr. Weill: You may recall meeting my colleagues, Derrick Collins, Alwynne Wilbur, and Kate Perl at the ICANN meeting in Singapore in February. At any rate, the Government Accountability Office (GAO) has been asked by the Chairs of the House Committee on Energy and Commerce and its Communications and Technology Subcommittee to review the National Telecommunications and Information Administration’s (NTIA) proposed transition of key Internet domain name functions to the global multistakeholder community. We are meeting with knowledgeable people and organizations to gather information for our work. We would like to meet with you via teleconference to discuss the proposed transition from the perspective of the Accountability working group. We have provided a list of questions, below, to give you a better idea of the topics we want to discuss with you, and I’ll provide a teleconference line after confirming your availability (please “reply all” so that others can know of your availability). In addition to the discussion, we would also welcome written responses. Would you be available for a one-hour time slot during one of the following blocks? * Wednesday, April 1^st : 10:00 – 11:00 EST * Thursday, April 2^nd : 11:00 – 12:00 EST * Friday, April 3^rd : 10:00 – 11:00 EST We would also like to meet with Steve DelBianco and Cheryl Langdon-Orr to discuss their work with the Stress Test Work Party. Please let me know if you’d like to be part of that meeting, too. Thank you, John John Healey, Senior Analyst Physical Infrastructure Team U.S. Government Accountability Office 441 G Street NW, Washington DC, 20548 (202) 512-5006 | HealeyJ(a)gao.gov

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Fwd: [Acct-Legal] Response to Legal Sub-Team questions
by León Felipe Sánchez Ambía March 31, 2015

March 31, 2015

Dear all, I am forwarding the preliminary responses provided by Sidley Austin to the first round of questions submitted to them. I suggest you review them as input from all will be considered and is important for our steps forward. Best regards, León > Inicio del mensaje reenviado: > > De: "Clark, Michael A." <mclark(a)sidley.com> > Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> > Fecha: 27 de marzo de 2015 16:46:56 GMT-6 > Cc: "Huston, Peter K." <phuston(a)sidley.com>, "Schramm, Dorothee" <dschramm(a)sidley.com> > Asunto: [Acct-Legal] Response to Legal Sub-Team questions > > > Attached are our preliminary responses to the questions directed to Sidley Austin by the Legal Sub-Team. Please note that we shared responses with Adler and Colvin for comment, as agreed at the Legal Sub-Team meeting in Istanbul. We look forward to discussing the various options with the Legal Sub-Team. > HOLLY GREGORY > Partner > > Sidley Austin LLP > +1.212.839.5853 > holly.gregory(a)sidley.com <mailto:holly.gregory@sidley.com> > MICHAEL CLARK > Partner > Sidley Austin LLP > +1.312.853.2173 > mclark(a)sidley.com <mailto:mclark@sidley.com> > > <http://www.sidley.com/> SIDLEY AUSTIN LLP > > > > > > **************************************************************************************************** > This e-mail is sent by a law firm and may contain information that is privileged or confidential. > If you are not the intended recipient, please delete the e-mail and any attachments and notify us > immediately. > > **************************************************************************************************** > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org <mailto:Ccwg-accountability5@icann.org> > https://mm.icann.org/mailman/listinfo/ccwg-accountability5 <https://mm.icann.org/mailman/listinfo/ccwg-accountability5>

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Fwd: [Acct-Legal] Preliminary Responses to Legal Sub-team Questions
by León Felipe Sánchez Ambía March 31, 2015

March 31, 2015

Dear all, I am forwarding the preliminary responses provided by Adler & Colvin to the first round of questions submitted to them. I suggest you review them as input from all will be considered and is important for our steps forward. Best regards, León > Inicio del mensaje reenviado: > > De: Steven Chiodini <schiodini(a)adlercolvin.com> > Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> > Fecha: 27 de marzo de 2015 21:22:43 GMT-6 > Cc: "Huston, Peter K." <phuston(a)sidley.com>, "Schramm, Dorothee" <dschramm(a)sidley.com>, Emily Chan <echan(a)adlercolvin.com> > Asunto: [Acct-Legal] Preliminary Responses to Legal Sub-team Questions > > We are pleased to attach our preliminary responses to the questions sent to us by the Legal Sub-team earlier this week. We look forward to discussing them with you. > > Have a very nice weekend, > > Greg Colvin > Rosemary Fei > Stephanie Petit > Steven Chiodini > > > > ===== > > Please be aware that this email is intended to provide a short response to the questions posed, without the benefit of legal research. If you would like a more thoroughly considered and researched response, please let us know. > ===== > > Steven Chiodini > Adler & Colvin > 235 Montgomery Street, Suite 1220 > San Francisco, CA 94104 > Tel: 415-421-7555 > Fax: 415-421-0712 > email: schiodini(a)adlercolvin.com <mailto:schiodini@adlercolvin.com> > www.adlercolvin.com <http://www.adlercolvin.com/> > The information in this e-mail message and any attachments may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any use, dissemination, distribution, or copying of this transmission is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at schiodini(a)adlercolvin.com <mailto:schiodini@adlercolvin.com>, and delete all copies of this message and its attachments, if any. Thank you. > > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org <mailto:Ccwg-accountability5@icann.org> > https://mm.icann.org/mailman/listinfo/ccwg-accountability5 <https://mm.icann.org/mailman/listinfo/ccwg-accountability5>

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Formal OBJECTION to the Interaction with the 2 Law Firms
by Dr Eberhard Lisse March 31, 2015

March 31, 2015

Dear Co-Chairs, it is UNACCEPTABLE to me that we invite someone having written a comprehensive report or document circulated to the list who then rushes through their paper and any discussion thereof is prohibited. I personally am offended by my time being wasted like this but substantively, I will not agree with subjecting the content of our deliberation or the result thereof to time constraints of any kind, be it in a call or deadlines for submission to NTIA. el -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el(a)lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/

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Legal Sub Team Mailing List
by Dr Eberhard Lisse March 31, 2015

March 31, 2015

Staff, please subscribe me in read-only (aka Lurker Mode) mode to the Legal Sub Team Mailing list. greetings, el -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el(a)lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/

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AGENDA - Call #18
by Alice Jansen March 31, 2015

March 31, 2015

Dear all, Below you will find a proposed agenda in preparation for your call #18<https://community.icann.org/pages/viewpage.action?pageId=52893477> - Tuesday, 31 March - 06:00-08:00 UTC (time converter<http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+ACCT+&iso=201…>): 1. Welcome, roll-call, statement of interest 2. Confirm conclusions from Istanbul * WP2<https://community.icann.org/display/acctcrosscomm/WP+2+Draft+Documents> fundamental Bylaws * Jurisdiction approach * Legal Subteam<https://community.icann.org/display/acctcrosscomm/Legal+SubTeam> working methods & input received * WP1<https://community.icann.org/display/acctcrosscomm/WP1+Draft+Documents> community mechanism * WP2<https://community.icann.org/display/acctcrosscomm/WP+2+Draft+Documents> mission & core values, reconsideration process * ST-WP<https://community.icann.org/display/acctcrosscomm/ST-WP+Draft+Documents> progress and planning 3. Timeline * Buenos Aires 4 Engagement 5. AOB Thanks, Best regards Alice

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Notes-Recordings-Transcript links for CCWG ACCT WP2 Meeting #4 30 MARCH
by Brenda Brewer March 30, 2015

March 30, 2015

Hello all, The notes, recordings and transcripts for the WP2 Meeting #4 - 30 March will be available <https://community.icann.org/pages/viewpage.action?pageId=52894975> here. Action Items ACTION: Malcolm to revise text, based on gathering like issues together. With clarity on what is/is not being changed Notes: WP-2 Compactmission Discussion on IRP and Mission/Core Values issues post Istanbul Meeting - 30 March This call will be recorded Chat sessions are being archived and follow the ICANN Expected Standards of Behavior: http://www.icann.org/en/news/in-focus/accountability/expected-standards These high-level notes were prepared to help you navigate through content of the call and do not substitute in any way the transcript. NOTES: Roll call: all present in the AC room Mission and Core Values from Istanbul. Updated text and accepted suggestions regarding formatting and proposed changed Proposed language: new, is in red text. With notes and comment in the right column. As the process moves on, suggested that this column can be used to consider questions for the Public Comment/ Need to add the roles of names, numbers, protocols and port parameters and evolution of the DNS root/ To provide more specificity, added new language around names RIR/IETF may have specific language they wish to use to describe their role. Language new from Istanbul on limiting ICANN mission. The right column includes relevant language from the AoC and from the new gTLD agreement (Spec 1) Group should consider how Spec 1 becomes durable. Coordination of administration. Coordination of operation. Coordination of policy development and implementation If someone were to make a challenge that some activity were outside the text, could the challenge be easily upheld? Theoretical stress tests: Some of what ICANN does in administering community consensus might be considered as regulating content (e.g. the new gTLD app guidebook). Need to take care that new "rules" do not prevent desirable actions. Theoretical stress tests: Time zone database. Does it fit under protocol parameters? But it does not fit under the current contract. Endorsement of least the change principle. Future rationalization may be needed. IETF discussion about use of TLDs for other uses. ICANN not exclusive, and this needs to be reflected. There is language that may address these concerns. AoC for WHOIS - language in AoC broken from the beginning and would not wish to see it extended, but revised. Revision should take place outside of the transition process. Reconciliation - fundamental commitments and core values, or between core values. It has to meet a high bar of public interest goals, and be narrowly tailored and necessary. CCWG conference call - for consultation and to raise questions. Fundamental Rights. Bylaws provisions that talk if 11 core values. The mission describes what ICANN does. The fundamental rights talk about how ICANN accomplishes its mission. Core values 8 and section 3 of the bylaws mention non-discriminatory treatment. Changes made reflect Istanbul discussion, the sources of language being proposed will be noted. References in the right column where these are picked up in the AoC. Also discussion about ICANN's competition mission: two ways to look at this, as affirmatively of promoting competition, or acting in ways that does not impede competition. Para 6. While remaining rooted in the private sector... taking into account govt advice, etc A discussion about how the group feels about this issue. How to continue to treat GAC advice, when it may conflict with core values. Consideration needed of reconciling GAC advice which is inconsistent with ICANN's own bylaws. In the explanatory language, note that the policies are under review END

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Revised draft for bringing AoC Reviews into ICANN Bylaws
by Steve DelBianco March 30, 2015

March 30, 2015

Working from discussions in Istanbul, here’s a new draft of how the CCWG could bring AoC reviews (and their explicit commitments) into the ICANN bylaws. This draft won’t be discussed in Work Party 1 until later this week. We are sharing with CCWG since the entire group contributed to discussion of these items in Istanbul. I started with the v5 document<https://community.icann.org/download/attachments/52888421/Draft%201-%20AoC%…> we reviewed in Istanbul, and made these edits: * Added context and background on AoC termination, Stress Test 14, and citations — to make this easier for new reviewers to understand * Noted that AoC sections 3,4,7, and 8 include commitments that should be imported into Core Values section of ICANN’s bylaws (Mathew Shears and Becky Burr) * Re-arranged Fiona’s original doc so that actual AoC text is shown just above our proposed text. * Added a column of notes to explain where we are differing from original AoC text. * Re-phrased the review of effectiveness of GAC interaction, per several commenters. * Adopted Kavouss’ suggestion to require implementation of prior reviews before next round of new gTLDs * Adopted Avri’s suggested language for ATRT review item f * Added Avri’s suggestion for annual reports * Added comments from Sebastien, James Gannon, Alan Greenberg, and others. Look forward to discussion via email or on our next WP1 call. Best, Steve — Steve DelBianco Executive Director NetChoice http://www.NetChoice.org<http://www.netchoice.org/> and http://blog.netchoice.org<http://blog.netchoice.org/> +1.703.615.6206

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Fwd: Statement from CWG IANA Stewardship Transition meeting in Istanbul
by Mathieu Weill March 30, 2015

March 30, 2015

Dear All, Please see the following link for the CWG chairs’ statement and summary after the meeting in Istanbul. https://www.icann.org/news/announcement-2015-03-29-en Best regards, Mathieu

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Internet Principles by ICANN in Strategic Plan
by Rahul Sharma March 30, 2015

March 30, 2015

https://www.icann.org/en/system/files/files/strategic-plan-2016-2020-10oct1… Page 22, Section 4.3 Participate in the evolution of a global, trusted, inclusive multistakeholder Internet governance ecosystem that addresses Internet issues. One of the key success factors says: Demonstrate leadership by implementing best practices in multistakeholder mechanisms within the distributed Internet governance ecosystem while *encouraging all stakeholders to implement the principles endorsed at NETmundial*. Related questions: 1. Should a body like ICANN define and adopt Internet Principles it believes in, for its policy, strategy and operations? 2. Are group members aware whether endorsement of NETmundial principles is through a public consultation process involving community or an internal ICANN decision? Is this a matter that this group working on ICANN Accountability should discuss? Kind Regards, Rahul Sharma

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