July 2015 - Accountability-Cross-Community

Updated documents
by Olga Cavalli July 29, 2015

July 29, 2015

Dear colleagues, Where can we find the updated version of the documents that we must review for the call tomorrow? Many thanks and regards Olga

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Fwd: Draft Agenda & Papers - WP1 Meeting #22 (28 July at 19h UTC)
by Jordan Carter July 29, 2015

July 29, 2015

Dear CCWG members Please find attached a number of papers up for discussion on today's call in about three hours - these are final drafts, the marked ups and background versions are on the Wiki at the link below. Also attached is a summary noting what the key most recent changes have been. I particularly draw your attention to the paper which starts 5A2 on voting power, updated following the WP1 call this morning and now allocating 5 votes per SO and AC, and with an opt-in mechanism proposed. Speak with you soon, Jordan ---------- Forwarded message ---------- From: Jordan Carter <jordan(a)internetnz.net.nz> Date: 28 July 2015 at 21:20 Subject: Draft Agenda & Papers - WP1 Meeting #22 (28 July at 19h UTC) To: "wp1(a)icann.org" <wp1(a)icann.org> Hi all Here is the draft agenda and the documents for the WP1 call happening at 19-21h UTC on Tuesday 28 July 2015. Also attached is the summary of issues. *Please read these documents before the call - the working method will be an "Are There Any Final Comments To Make/Did Anything Decided at CCWG Affect This Draft" approach...* [the reason for this is that our meeting finishes only 3 hrs before the absolute Freeze date for the *1. Review of Agenda.* *2. Any outstanding issues from CCWG meeting* of 28 July (12h-14h) *3. Final Review of the Following Documents* (clean PDFs of "final drafts" attached - mark ups and Word versions to come on Wiki site at < https://community.icann.org/display/acctcrosscomm/WP1+Draft+Documents> ) Fundamental Bylaws (3B) Community Mechanism description (5A1) Community Mech - voting weights (5A2) -- NOTE *an update to come yet from Bernie and Alan re quorums etc)* Community Mech - ICANN community forum (5A3) Comm Power - Budgets and Plans (5B1) Comm Power - Standard Bylaws (5B2) Comm Power - Removal of ICANN directors (5B3) Comm Power - Recall of ICANN Board (5B4) Note: Steve's paper on incorporating AOC reviews into the ICANN bylaws (6-2) had agreement to incorporate the text on document disclosure etc on 27 July, so that paper is done and dusted. It's attached just so there is a complete collection here, but is not for discussion. *4. Next Task: Finalising responses to Public Comments from PC1* *5. Any other matters* -- Jordan Carter Chief Executive *InternetNZ* +64-495-2118 (office) | +64-21-442-649 (mob) Email: jordan(a)internetnz.net.nz Skype: jordancarter *A better world through a better Internet * -- Jordan Carter Chief Executive *InternetNZ* +64-495-2118 (office) | +64-21-442-649 (mob) Email: jordan(a)internetnz.net.nz Skype: jordancarter *A better world through a better Internet *

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Re: [CCWG-ACCT] Sections for your review
by Grace Abuhamad July 29, 2015

July 29, 2015

Dear all, I sent a slightly outdated version of the Executive Summary (the only difference is at the end, with regard to WS2 items, where the list was updated in Section 9 but not properly reflected in the Executive Summary). The updated and accurate versions are attached. Apologies for the confusion, Grace From: <accountability-cross-community-bounces(a)icann.org> on behalf of Grace Abuhamad <grace.abuhamad(a)icann.org> Date: Tuesday, July 28, 2015 at 5:59 PM To: Accountability Cross Community <accountability-cross-community(a)icann.org> Subject: [CCWG-ACCT] Sections for your review Dear all, Here are a few updated sections (in Word and PDF) from the report that have been reviewed by the Chairs: * Section 2: Accountability Mechanisms * Section 9: Items for WS2 * Section 10: Implementation (including timing) * Executive Summary Please review these documents and send comments on list. The Chairs are the leads¹ for these documents. Thank you, Grace

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Update to Stress Tests section
by Grace Abuhamad July 29, 2015

July 29, 2015

Dear all, Please find, here attached, an updated version of the Stress Tests section for the CCWG to review. Please direct your comments on list to the rapporteurs for this document/group, Steve and Cheryl. Best, Grace

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updated paper: Recall of the ICANN Board
by Jordan Carter July 29, 2015

July 29, 2015

Hi all I've had a gentle go at the paper circulated earlier (original re-attached for ref - the files with the date 2015-07-21) regarding the recall of the ICANN Board. See my edits in the files beginning with 2015-07-23. I've accepted all the changes that were marked up in the lawyers' version, and made a few changes to respond to the comments in the document. This does leave this paper quite different in style to the other powers, much more detailed in terms of implementation. We will have to reduce the detail and edit it to achieve that, but I am afraid that I haven't got the time to do that this evening. So: please review, and we will discuss on the call at 12h UTC, and get some sense of how / if I should do further editing for further consideration at the WP1 call next week. *Non WP1 CCWG participants* - please note that WP1 members did ask for more time to deal with it, so this paper hasn't had thorough scrutiny or agreement as yet by WP1. thanks, Jordan -- Jordan Carter Chief Executive *InternetNZ* 04 495 2118 (office) | +64 21 442 649 (mob) jordan(a)internetnz.net.nz Skype: jordancarter *A better world through a better Internet *

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Sections for your review
by Grace Abuhamad July 29, 2015

July 29, 2015

Dear all, Here are a few updated sections (in Word and PDF) from the report that have been reviewed by the Chairs: * Section 2: Accountability Mechanisms * Section 9: Items for WS2 * Section 10: Implementation (including timing) * Executive Summary Please review these documents and send comments on list. The Chairs are the leads¹ for these documents. Thank you, Grace

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Recordings-Transcript links for WP1 Meeting #22 - 28 July
by Kimberly Carlson July 28, 2015

July 28, 2015

Hello all, The recordings and transcript for the WP1 Meeting #22 held on 28 July will be available here: https://community.icann.org/x/tYVCAw Thank you. Kind regards, Kim Action Items * Action (Jordan): edit the sentence to clarify the language: "... and the approval of community mechanism as sole member * *Action (Jordan): remove asterisks in voting mechanism document or clarify their purpose (where each AC stands at this point in their decision to participate) * Action (Jordan): review this document to do updates based on discussion and chart from lawyers * Action (Jordan) add clarification in text re: voting for SO/ACs in the mechanism * Action: Alan suggests in para 3 to add the Board and staff reference for completness * Action: clarify paragraph 6 & 8 (para 6 helps deal with Public Comment concerns) * Action: Amend the report in the following way: * Bring up the 15 day period on CCWG call * Add note in paragraph 10 about replacement directors time not counting against them (term limits don't apply) Action: amend the 2nd paragraph on page 2 to include update on threshold Notes 1. Review of Agenda No editing or proofing on this call. Focus on bringing these documents to frozen state for Public Comment. 2. Any outstanding issues from CCWG meeting of 28 July (12h-14h) Outstanding actions: *Action (Jordan): edit the sentence to clarify the language: "... and the approval of community mechanism as sole member *Action (Jordan): remove asterisks in voting mechanism document or clarify their purpose (where each AC stands at this point in their decision to participate) 3. Final Review of the Following Documents Fundamental Bylaws (3B) Steve inserted the language from the Articles of Incorporation on page 3. --> document complete from WP1 perspective Community Mechanism description (5A1) page 4 -- * Add: "unless otherwise specified" *Malcolm's suggested lanuage: "In circumstances where the Bylaws provide for the resolution of disputes between ICANN and otherparties through the IRP process, the CMSM will also have the ability to require ICANN to enter intothe IRP process and abide by its outcome, should it not do so voluntarily. This power to requireICANN to abide by its Bylaws arises automatically from its status as a member of the corporation andcan, if necessary, be further backed through judicial proceedings" * lower threshold only for enforcing the bylaws in respect of participation in the IRP? Yes Action (Jordan): review this document to do updates based on discussion and chart from lawyers Community Mech - voting weights (5A2) -- *Alan's comments (via email): Voting Mechanism: As mentioned on the CCWG call, If an AC/SO wants to withdraw from participating, there should not be a delay. If there is, their lack of voting should not count against the action. Otherwise they may effectively block the action by making it impossible or almost impossible to achieve sufficient votes. Alternatively, the counting method could take this into account (as I think Holly suggested in the chat). But what is harm in making withdrawal immediate? Action (Jordan) add clarification in text re: voting for SO/ACs in the mechanism Jordan's text on quorum/voting: "The CCWG-Accountability proposes that for the purposes of the simplest possible administration of the voting system that the thresholds expressed for each community power should be absolute. This means that if a threshold is 66%, then 66%+ of the votes that could be cast by participants in the CMSM at that time need to be 'yes' votes for the threshold to be met. No votes, abstentions or non-participation would all be treated the same way." "An alternative approach that adjusted the thresholds based on the number of yes/no votes compared with the number of abstentions or non-votes was considered, but adds significant complexity and so is not the CCWG's preference at this time." Agree with proposal on screen: Ticks (Yes): 5; Crosses (No): 3 Community Mech - ICANN community forum (5A3) Action: Alan suggests in para 3 to add the Board and staff reference for completness Comm Power - Budgets and Plans (5B1) * Added reference to CWG Stewardship proposal in paragraph 3 * Added reference to WS2 process for improvements *Alan on budget: I am still uncomfortable with the concept of there being two separate budgets, one for IANA and one for the rest of ICANN. Normally, from a fiscal point of view, there is only a single budget which encompasses everything. Surely the funds to be used for IANA come from the same revenue pot as the rest of the expenses. Do we have confirmation from ICANN FInance that the words we have there make sense? Action: clarify paragraph 6 & 8 (para 6 helps deal with Public Comment concerns) Comm Power - Standard Bylaws (5B2) No comments. Can move on Comm Power - Removal of ICANN directors (5B3) Main changes to this doc were to add clarity Alan's Comments: *Rarely can we convene a new teleconference and get all of the necessary people together in a 15 day window. Is what we are proposing possible, and what happens if the 15-day delay is not met (para 5). *In section d, is the 3/4 vote of the "5" votes of the community mech, or 3/4 of whatever internal voting the AC/SO has? *Para 7d The 3/5 requirement seems to be lowering the threshold from other votes (according to the newly proposed vote-counting mechanism). * Lastly, should we specify whether a replacing term counts against the 3-term limit on directors? Action: Amend the report in the following way: *Add note in paragraph 10 about replacement directors time not counting against them (term limits don't apply) * Bring up the 15 day period on CCWG call Comm Power - Recall of ICANN Board (5B4) *Comment from Alan: Is the NomCom prepared to name interim directors PRIOR to the vote? If the vote fails, that means they have compromised their secrecy of potential but not-yet-named candidates. * Action: amend the 2nd paragraph on page 2 to include update on threshold Staff -- within next 6h: * All powers in one doc * All mechanism related stuff in one doc 4. Next Task: Finalising responses to Public Comments from PC1 5. Any other matters BRAVO JORDAN! BRAVO WP1! No WS2 for Jordan (unless we convince him)

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yet another human rights question
by Avri Doria July 28, 2015

July 28, 2015

Hi, I am currently writing up my minority report and came to a question I could not answer. Point 4 of the NTIA requirements includes: * Maintain the openness of the Internet. This is a Human rights requirement that I do not see reflected in our stress tests. Can someone point me at the stress test? Openness of the Internet is a derivative or 'umbrella' right that is defined by reference to human rights such as freedom of expression, freedom of association, privacy, property, security &c and their interplay. This is one of the stress factors: * the US and thus NTIA, is a human rights duty bearer. * if we were to violate human rights, NTIA in its oversight role would have to stop us from doing so and I am sure they would have done so. o e.g. if we were to start making rules that discriminated and were to injure human rights such as expressions or association in our policies, policies that infringed on the requirement of openness of the Internet, they would have to do something about it. * Without the NTIA as oversight, what is to stop us from infringing on the human right of an Open Internet? We do not have, as far as I can tell, a stress test that covers this. We need, as part of WS1, a bylaw that covers this deficiency. Despite the fact that there has been a 'vote' to exclude any mention of human rights and human rights impact analyses from the bylaws, I persist in the belief that we need a bylaw to cover this and meet the NTIA requirements. I understand that for some I went too far in suggesting a remedy for how we might do that, within the bylaw I orinigally suggested and want to try another suggestion before I go back to writing my minority report. /In order to enure that openness of the Internet within ICANN's mission may be maintained, human rights impact assessments will be done/ /on ICANN policies [as appropriate]/. Note this is not per--se requiring us to live up to human rights, but is requiring that we understand the impact of our actions. It can also includes the weasel words 'as appropriate' at the end if required. Figuring how we do this then becomes the WS2 issue. Thanks and apologies for bringing it up again, but on realizing that we do not stress test against the requirements for maintaining the human right of openness of the Internet made me realize that the deficiency was larger than just one of ignoring comments on our draft. avri --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus

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Re: [CCWG-ACCT] Fwd: Draft Agenda & Papers - WP1 Meeting #22 (28 July at 19h UTC)
by Alan Greenberg July 28, 2015

July 28, 2015

I will not be able to attend the call since it directly overlaps with an ALAC call that I am chairing. Here are several comments that I would appreciate being considered as if I was on the call and raised my hand. Voting Mechanism: As mentioned on the CCWG call, If an AC/SO wants to withdraw from participating, there should not be a delay. If there is, their lack of voting should not count against the action. Otherwise they may effectively block the action by making it impossible or almost impossible to achieve sufficient votes. Alternatively, the counting method could take this into account (as I think Holly suggested in the chat). But what is harm in making withdrawal immediate? Community Forum. Perhaps add Board to para 3 in addition to non-participating ACs. Budget veto: I am still uncomfortable with the concept of there being two separate budgets, one for IANA and one for the rest of ICANN. Normally, from a fiscal point of view, there is only a single budget which encompasses everything. Surely the funds to be used for IANA come from the same revenue pot as the rest of the expenses. Do we have confirmation from ICANN FInance that the words we have there make sense? Related to this, at the start, we talk about a veto of the IANA budget and a veto of the ICANN budget (para 3) but in the rest of the document, we only talk about a single veto. Is the process repeated for each? We need some clarity here. Director Removal: Rarely can we convene a new teleconference and get all of the necessary people together in a 15 day window. Is what we are proposing possible, and what happens if the 15-day delay is not met (para 5). In section d, is the 3/4 vote of the "5" votes of the community mech, or 3/4 of whatever internal voting the AC/SO has? Para 7-d The 3/5 requirement seems to be lowering the threshold from other votes (according to the newly proposed vote-counting mechanism). Lastly, should we specify whether a replacing term counts against the 3-term limit on directors? Recall of entire Board: Is the NomCom prepared to name interim directors PRIOR to the vote? If the vote fails, that means they have compromised their secrecy of potential but not-yet-named candidates. Alan At 28/07/2015 05:21 AM, Jordan Carter wrote: >Dear CCWG members > >Please find attached a number of papers up for discussion on today's >call in about three hours - these are final drafts, the marked ups >and background versions are on the Wiki at the link below. > >Also attached is a summary noting what the key most recent changes have been. > >I particularly draw your attention to the paper which starts 5A2 on >voting power, updated following the WP1 call this morning and now >allocating 5 votes per SO and AC, and with an opt-in mechanism proposed. > > >Speak with you soon, > >Jordan > > >---------- Forwarded message ---------- >From: Jordan Carter ><<mailto:jordan@internetnz.net.nz>jordan(a)internetnz.net.nz> >Date: 28 July 2015 at 21:20 >Subject: Draft Agenda & Papers - WP1 Meeting #22 (28 July at 19h UTC) >To: "<mailto:wp1@icann.org>wp1(a)icann.org" ><<mailto:wp1@icann.org>wp1(a)icann.org> > > >Hi all > >Here is the draft agenda and the documents for the WP1 call >happening at 19-21h UTC on Tuesday 28 July 2015. > >Also attached is the summary of issues. > >Please read these documents before the call - the working method >will be an "Are There Any Final Comments To Make/Did Anything >Decided at CCWG Affect This Draft" approach... > >[the reason for this is that our meeting finishes only 3 hrs before >the absolute Freeze date for the > >1. Review of Agenda. > >2. Any outstanding issues from CCWG meeting of 28 July (12h-14h) > >3. Final Review of the Following Documents (clean PDFs of "final >drafts" attached - mark ups and Word versions to come on Wiki site >at ><<https://community.icann.org/display/acctcrosscomm/WP1+Draft+Documents>https://community.icann.org/display/acctcrosscomm/WP1+Draft+Documents> >) > > Fundamental Bylaws (3B) > > Community Mechanism description (5A1) > Community Mech - voting weights (5A2) -- NOTE an update to come > yet from Bernie and Alan re quorums etc) > Community Mech - ICANN community forum (5A3) > > Comm Power - Budgets and Plans (5B1) > Comm Power - Standard Bylaws (5B2) > Comm Power - Removal of ICANN directors (5B3) > Comm Power - Recall of ICANN Board (5B4) > >Note: Steve's paper on incorporating AOC reviews into the ICANN >bylaws (6-2) had agreement to incorporate the text on document >disclosure etc on 27 July, so that paper is done and dusted. It's >attached just so there is a complete collection here, but is not for >discussion. > > >4. Next Task: Finalising responses to Public Comments from PC1 > >5. Any other matters > > >-- >Jordan Carter > >Chief Executive >InternetNZ > >+64-495-2118 (office) | <tel:%2B64-21-442-649>+64-21-442-649 (mob) >Email: <mailto:jordan@internetnz.net.nz>jordan(a)internetnz.net.nz >Skype: jordancarter > >A better world through a better Internet > > > > >-- >Jordan Carter > >Chief Executive >InternetNZ > >+64-495-2118 (office) | +64-21-442-649 (mob) >Email: <mailto:jordan@internetnz.net.nz>jordan(a)internetnz.net.nz >Skype: jordancarter > >A better world through a better Internet > >Content-Type: application/pdf; name="3B-Fundamental-Bylaws-FinalDraft.pdf" >Content-Disposition: attachment; > filename="3B-Fundamental-Bylaws-FinalDraft.pdf" >X-Attachment-Id: f_icn4k5a10 > >Content-Type: application/pdf; > name="5A-Community-Mechanism-Descr-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5A-Community-Mechanism-Descr-FinalDraft.pdf" >X-Attachment-Id: f_icn4kcdt1 > >Content-Type: application/pdf; > name="5A2-Community-Mechanism-Voting-PenultimateDraft.pdf" >Content-Disposition: attachment; > filename="5A2-Community-Mechanism-Voting-PenultimateDraft.pdf" >X-Attachment-Id: f_icn4kh5c2 > >Content-Type: application/pdf; > name="5A3-Comm-Mech-ICANNCommForum-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5A3-Comm-Mech-ICANNCommForum-FinalDraft.pdf" >X-Attachment-Id: f_icn4kuca3 > >Content-Type: application/pdf; > name="5B1-Comm-Power-BudgetAndPlans-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5B1-Comm-Power-BudgetAndPlans-FinalDraft.pdf" >X-Attachment-Id: f_icn4l0ll4 > >Content-Type: application/pdf; > name="5B2-Comm-Power-StandardBylaws-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5B2-Comm-Power-StandardBylaws-FinalDraft.pdf" >X-Attachment-Id: f_icn4l4q05 > >Content-Type: application/pdf; > name="5B3-Comm-Power-RemovingDirectors-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5B3-Comm-Power-RemovingDirectors-FinalDraft.pdf" >X-Attachment-Id: f_icn4l8ih6 > >Content-Type: application/pdf; > name="5B4-Comm-Power-RecallingICANNBoard-FinalDraft.pdf" >Content-Disposition: attachment; > filename="5B4-Comm-Power-RecallingICANNBoard-FinalDraft.pdf" >X-Attachment-Id: f_icn4lcrq7 > >Content-Type: application/pdf; name="6-AOC-Reviews-in-Bylaws-FinalDraft.pdf" >Content-Disposition: attachment; > filename="6-AOC-Reviews-in-Bylaws-FinalDraft.pdf" >X-Attachment-Id: f_icn4udzz8 > >Content-Type: application/pdf; name="2015-07-28-WP1-summary-to-CCWG.pdf" >Content-Disposition: attachment; > filename="2015-07-28-WP1-summary-to-CCWG.pdf" >X-Attachment-Id: f_icn4uhzb9 > >_______________________________________________ >Accountability-Cross-Community mailing list >Accountability-Cross-Community(a)icann.org >https://mm.icann.org/mailman/listinfo/accountability-cross-community

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IMPORTANT: Doodle Poll for Thursday Call
by Grace Abuhamad July 28, 2015

July 28, 2015

Dear all, On today¹s call we did not complete the review of documents, so there is a need for another CCWG-Accountability plenary call on Thursday. We need to schedule this call with 24h notice, so this gives us a very short "Doodle-window². Please complete the Doodle below by 05:00 UTC on Wednesday 29 July. Doodle link: http://doodle.com/v7pnmag2puyba8g5 Thank you, Grace

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