April 2015 - Accountability-Cross-Community

Re: [CCWG-ACCT] [Acct-Legal] Legal question
by León Felipe Sánchez Ambía April 21, 2015

April 21, 2015

Counsel, Please do address the questions raised by Chris Disspain. The questions are below but for the avoidance of doubt, transcribed here: Under the current structure of ICANN and its SOs and ACs 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws? 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto? 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding? 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable? Best regards, León > El 20/04/2015, a las 23:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> escribió: > > I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration. I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel. > > > Greg Shatan > > ---------- Forwarded message ---------- > From: Chris Disspain <ceo(a)auda.org.au <mailto:ceo@auda.org.au>> > Date: Tue, Apr 21, 2015 at 12:03 AM > Subject: [CCWG-ACCT] Legal question > To: Accountability Cross Community <accountability-cross-community(a)icann.org <mailto:accountability-cross-community@icann.org>> > > > Hello All, > > I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call. > > Under the current structure of ICANN and its SOs and ACs > > 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws? > > 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto? > > 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding? > > 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable? > > > > > Cheers, > > > > Chris > > > On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe(a)sanchez.mx <mailto:leonfelipe@sanchez.mx>> wrote: > >> All, >> >> I am forwarding this document from Counsel for your records and for its relevance for our overall work. >> >> >> Best regards, >> >> >> León >> >>> Inicio del mensaje reenviado: >>> >>> Para: "ccwg-accountability5(a)icann.org <mailto:ccwg-accountability5@icann.org>" <ccwg-accountability5(a)icann.org <mailto:ccwg-accountability5@icann.org>> >>> Fecha: 17 de abril de 2015 22:21:36 GMT-5 >>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org <mailto:ccwg-accountability5@icann.org>> >>> Asunto: [Acct-Legal] (no subject) >>> Responder a: ccwg-accountability5(a)icann.org <mailto:ccwg-accountability5@icann.org> >>> >>> >>> >>> Dear Legal Sub-Team, Attached please find revisions to the chart comparing the member and designator approaches from Sidley and Adler & Colvin as requested. Please note that in our cover memo we have posed several questions for your consideration. We have also provided a discussion of some considerations regarding implementation of both approaches. We are look forward to discussing with CCWG next week. Kind regards, Holly >>> >>> HOLLY J. GREGORY >>> Partner >>> >>> Sidley Austin LLP >>> +1.212.839.5853 <tel:%2B1.212.839.5853> >>> holly.gregory(a)sidley.com <mailto:holly.gregory@sidley.com> >>> >>> >>> >>> **************************************************************************************************** >>> 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. >>> >>> **************************************************************************************************** >>> >> <Legal Assessment_ Governance Chart.pdf> >>> _______________________________________________ >>> 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> >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community(a)icann.org <mailto:Accountability-Cross-Community@icann.org> >> https://mm.icann.org/mailman/listinfo/accountability-cross-community <https://mm.icann.org/mailman/listinfo/accountability-cross-community> > > > _______________________________________________ > Accountability-Cross-Community mailing list > Accountability-Cross-Community(a)icann.org <mailto:Accountability-Cross-Community@icann.org> > https://mm.icann.org/mailman/listinfo/accountability-cross-community <https://mm.icann.org/mailman/listinfo/accountability-cross-community> > > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org > https://mm.icann.org/mailman/listinfo/ccwg-accountability5

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Proposed Agenda - Intensive sessions (23-24 April)
by Alice Jansen April 21, 2015

April 21, 2015

Dear all, On behalf of the CCWG-CoChairs, please find attached a proposed agenda in anticipation of your intensive sessions scheduled for Thursday, 23 April and Friday, 24 April. Although it does not mirror the structure of the report per se, the agenda was carefully built to allow for coherent continuity. The agenda was also assembled based on rapporteurs' availability to attend discussions. Time has been carved out on day 2 for follow-up discussions, as needed. This document will be discussed on your call today at 19:00-21:00 UTC. Thank you, Best regards Alice

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Re: [CCWG-ACCT] Your message to Ccwg-accountability5 awaits moderator approval
by Dr Eberhard Lisse April 21, 2015

April 21, 2015

Dear Co-Chairs, the below bounce would fly in the face of my alleged posting rights. greetings, el On 2015-04-21 13:52, ccwg-accountability5-bounces(a)icann.org wrote: > Your mail to 'Ccwg-accountability5' with the subject > > Re: [Acct-Legal] Draft answers to Apr 17 memo > > Is being held until the list moderator can review it for approval. > > The reason it is being held: > > Post to moderated list > > Either the message will get posted to the list, or you will receive > notification of the moderator's decision. If you would like to cancel > this posting, please visit the following URL: > > https://mm.icann.org/mailman/confirm/ccwg-accountability5/975230a900b698588… > -- 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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Frozen Draft Report
by Thomas Rickert April 21, 2015

April 21, 2015

All, please find attached the draft report with the input we got from the sub-teams. They can also be found at https://community.icann.org/display/acctcrosscomm/Draft+Report <https://community.icann.org/display/acctcrosscomm/Draft+Report>. This is the frozen version of the document until our intensive two work days. Please note that you know most of the information already. We suggest you focus on the recommendations of WP1 and WP2, since the introductory part is primarily narrative and giving context. The stress test have been discussed quite extensively already. We are working on summaries or tables to make it easier for you to digest the information, but we wanted to get the frozen draft report out to you as soon as possible. Such additional materials will be worked on in collaboration with the rapporteurs to ensure that we provide information in a more handy while not misrepresenting interim work results. Let us also use this opportunity to thank all of you, our fabulous rapporteurs and staff for their outstanding work and commitment. Kindest regards, León, Mathieu and Thomas

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Fwd: [Acct-Legal] Sidley Austin/Adler & Colvin Response to the CCWG WP2 Templates
by León Felipe Sánchez Ambía April 21, 2015

April 21, 2015

Dear all, I am forwarding the document prepared by Counsel on WP2 templates. Best regards, León Enviado desde mi iPhone Inicio del mensaje reenviado: > De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> > Fecha: 21 de abril de 2015, 1:35:48 AM CDT > Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> > Asunto: [Acct-Legal] Sidley Austin/Adler & Colvin Response to the CCWG WP2 Templates > Responder a: ccwg-accountability5(a)icann.org > > Dear Legal Sub-Team, > > Attached please find a response to the 6 templates provided to us from the WP2 to the CCWG. In addition, we included a brief memo attached to the packet that delves into additional detail regarding the IRP (see the IRP template response for an executive summary). We look forward to discussing with you on Tuesday. > > Cheers, > Josh > > JOSHUA HOFHEIMER > Partner > Sidley Austin LLP > +1.213.896.6061 (LA direct) > +1.650.565.7561 (PA direct) > +1.323.708.2405 (cell) > jhofheimer(a)sidley.com > 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 > https://mm.icann.org/mailman/listinfo/ccwg-accountability5

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Re: [CCWG-ACCT] [Acct-Legal] Fwd: Legal question
by Dr Eberhard W Lisse April 21, 2015

April 21, 2015

I object to the referral to a SubTeam for decision making. el -- Sent from Dr Lisse's iPad mini > On Apr 21, 2015, at 05:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> wrote: > > I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration. I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel. > > > Greg Shatan > > ---------- Forwarded message ---------- > From: Chris Disspain <ceo(a)auda.org.au> > Date: Tue, Apr 21, 2015 at 12:03 AM > Subject: [CCWG-ACCT] Legal question > To: Accountability Cross Community <accountability-cross-community(a)icann.org> > > > Hello All, > > I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call. > > Under the current structure of ICANN and its SOs and ACs > > 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws? > > 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto? > > 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding? > > 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable? > > > > > Cheers, > > > > Chris > > >> On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe(a)sanchez.mx> wrote: >> >> All, >> >> I am forwarding this document from Counsel for your records and for its relevance for our overall work. >> >> >> Best regards, >> >> >> León >> >>> Inicio del mensaje reenviado: >>> >>> Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> >>> Fecha: 17 de abril de 2015 22:21:36 GMT-5 >>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> >>> Asunto: [Acct-Legal] (no subject) >>> Responder a: ccwg-accountability5(a)icann.org >>> >>> >>> >>> Dear Legal Sub-Team, Attached please find revisions to the chart comparing the member and designator approaches from Sidley and Adler & Colvin as requested. Please note that in our cover memo we have posed several questions for your consideration. We have also provided a discussion of some considerations regarding implementation of both approaches. We are look forward to discussing with CCWG next week. Kind regards, Holly >>> >>> HOLLY J. GREGORY >>> Partner >>> >>> Sidley Austin LLP >>> +1.212.839.5853 >>> holly.gregory(a)sidley.com >>> >>> >>> >>> **************************************************************************************************** >>> 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. >>> >>> **************************************************************************************************** >>> >> <Legal Assessment_ Governance Chart.pdf> >>> _______________________________________________ >>> Ccwg-accountability5 mailing list >>> Ccwg-accountability5(a)icann.org >>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5 >> >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community(a)icann.org >> https://mm.icann.org/mailman/listinfo/accountability-cross-community > > > _______________________________________________ > Accountability-Cross-Community mailing list > Accountability-Cross-Community(a)icann.org > https://mm.icann.org/mailman/listinfo/accountability-cross-community > > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org > https://mm.icann.org/mailman/listinfo/ccwg-accountability5

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Fwd: [CWG-Stewardship] For your review - version V3.3
by Greg Shatan April 20, 2015

April 20, 2015

All, As previewed in my earlier email, a further revised draft of the CWG draft report has now been circulated on that list. A copy of that email and attachments is below. Greg SHatan ---------- Forwarded message ---------- From: Marika Konings <marika.konings(a)icann.org> Date: Mon, Apr 20, 2015 at 2:50 PM Subject: [CWG-Stewardship] For your review - version V3.3 To: "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org> Dear All, Please find attached an updated draft which now incorporates, amongst others, a summary for section III, DT X, information from the legal memo, updates as a result of comments received and proposed text for section IIIB. Note that we’ve also reorganised the annexes to match the flow of the document. *Please note that that there a number of comments that have been flagged that need further consideration by the different DTs. We would like to encourage the leads of the DTs to pick up on the items that have been flagged for review and provide feedback on those items to the CWG mailing list as soon as possible.* Also, note that we’ve incorporated those edits and/or comments that we considered corrections and/or clarifications of existing content as well as responses to some of the Sidley comments. If you do not agree with those responses or updates or are of the view that these are more than corrections and/or clarifications, please flag those accordingly. You are encouraged to flag any items that you think warrant CWG consideration by Tuesday 20 April at 16.00 UTC at the latest. Other minor edits and/or clarifications can be submitted until Tuesday 20 April 23.59 UTC. For your convenience I’ve attached a redline and clean version both in Word as well as pdf. Thanks again for all your feedback! Marika _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship(a)icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship

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Compiled list of legal questions
by León Felipe Sánchez Ambía April 20, 2015

April 20, 2015

Dear all, Attached you will find a chart with the compilation of the legal questions that have been raised so far either in our calls or on the mailing lists with the status on each of them. This list is intended as a quick reference to the questions in order to be able to keep track of what has been already asked and answered. To find the related answers, please refer to the documents in the legal sub-team wiki https://community.icann.org/pages/viewpage.action?pageId=52890082 <https://community.icann.org/pages/viewpage.action?pageId=52890082> I would also like to kindly ask you to review the document to determine whether there is any question raised but missing in this chart so we can include them accordingly. I hope you find this chart useful. Best regards, León

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AGENDA - Call # 23
by Alice Jansen April 20, 2015

April 20, 2015

Dear all, Below you will find a proposed agenda (including links to documents) in preparation for your call #23<https://community.icann.org/pages/viewpage.action?pageId=52896616> - Tuesday, 21 April - 19:00 - 21:00 UTC (time converter here<http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+ACCT+&iso=201…>): 1. Welcome, roll-call & SoI 2. CWG CoChairs update Documents: * Correspondence from CWG Chairs (15 April 2015)<https://community.icann.org/pages/viewpage.action?pageId=52897357> * DOC: Detail on CWG Requirements for the CCWG.docx<https://community.icann.org/download/attachments/52897357/Detail%20on%20CWG…> - PDF: Detail on CWG Requirements for the CCWG.pdf<https://community.icann.org/download/attachments/52897357/Detail%20on%20CWG…> * DOC : Draft- Summary of Legal Structure for CWG Proposal.docx<https://community.icann.org/download/attachments/52890082/Draft-%20Summary%…> - PDF: Draft- Summary of Legal Structure for CWG Proposal.pdf<https://community.icann.org/download/attachments/52890082/Draft-%20Summary%…> 3. Stress-Tests * # 18 - GAC consensus, page 13 * #14 & 15 - Affirmation of Commitments (AoC) 8 b, page 16-17 * # 11 & # 17 - Board inaction, page 4-5 Documents: DOC: Applying Stress Tests Draft v10.1.docx<https://community.icann.org/download/attachments/52232556/Applying%20Stress…>- PDF: Applying Stress Tests Draft v10.1.pdf<https://community.icann.org/download/attachments/52232556/Applying%20Stress…> Or pages 73, 76-77, 4-5 of frozen draft report - DOC: CCWG-Report Draft v1.1.docx<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> - PDF: CCWG-Report Draft v1.1.pdf<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> 4. Timeline & agenda for intensive meeting Documents: see attached 5. Legal advice Documents: To be circulated prior to meeting 6. Concluding Remarks 7. A.O.B This is also to kindly remind you that you may find the frozen draft report<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> and related documents on the dedicated wiki page: https://community.icann.org/display/acctcrosscomm/Draft+Report Thanks, Best regards Alice

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Fwd: [CWG-Stewardship] Structure and comments from Sidley Austin
by León Felipe Sánchez Ambía April 20, 2015

April 20, 2015

Dear all, I am forwarding this information as I find it useful for our work. Best regards, León > Inicio del mensaje reenviado: > > De: "Lise Fuhr" <lise.fuhr(a)difo.dk> > Para: <cwg-stewardship(a)icann.org> > Fecha: 20 de abril de 2015 7:50:21 GMT-5 > Asunto: [CWG-Stewardship] Structure and comments from Sidley Austin > > Dear All, > > Please be aware of the following documents from Sidley Austin. > > 1. The structural model diagram > 2. Summary of Legal Structure > 3. CWG - Draft Transition Proposal (Sidley Comments) > > Best regards, > Lise > > _______________________________________________ > CWG-Stewardship mailing list > CWG-Stewardship(a)icann.org > https://mm.icann.org/mailman/listinfo/cwg-stewardship

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