July 2015 - Accountability-Cross-Community

FW: [WP1] Draft Agenda & Papers - WP1 Meeting #22 (28 July at 19h UTC)
by Brenda Brewer July 28, 2015

July 28, 2015

Hi all A reminder - the tracked changes versions of these documents are on the wiki, linked below. That's where you can see what changed from the last version. Please check out your areas of greatest concern or interest before the call. J On Tuesday, 28 July 2015, Jordan Carter <jordan(a)internetnz.net.nz <mailto:jordan@internetnz.net.nz> > wrote: 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) | +64-21-442-649 (mob) Email: <javascript:_e(%7B%7D,'cvml','jordan(a)internetnz.net.nz');> jordan(a)internetnz.net.nz Skype: jordancarter A better world through a better Internet -- Jordan Carter Chief Executive, InternetNZ +64-21-442-649 | jordan(a)internetnz.net.nz <mailto:jordan@internetnz.net.nz> Sent on the run, apologies for brevity

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Recordings-Transcript links for CCWG ACCT Meeting #45 - 28 July
by Kimberly Carlson July 28, 2015

July 28, 2015

Hello all, The recordings and transcripts for the CCWG ACCT Meeting #45 held on 28 July will be available here: https://community.icann.org/x/NIpCAw Thank you. Kind regards, Kim Action Items Action (Becky/WP2): provide rationale for Core Value 7 to the CCWG. If the text with rationale is not acceptable, put the text in brackets. Action (Sidley/Adler): Review question and confirm: whether 2/3 of the Board and member is legal. Answer will likely be yes. Action (Jordan): edit the sentence to clarify the language: "... and the approval of community mechanism as sole member Action (Becky/WP2): Review text to address Tijani's concern and recirculate to CCWG Action (Malcolm): write an email to Jordan/WP1 nd Leon about legal question regarding model and associated models. Action (Jordan): remove asterisks in voting mechanism document or clarify their purpose (where each AC stands at this point in their decision to participate) Notes 1. Opening Remarks (roll call, SOI) Greg on audio 2. Plan for the week Two big dates this week that will guide the work * 28 July: Documents Freeze * 31 July: Publication of 2nd draft proposal Plan is to send the remaining documents for lawyers review by COB today. 3. Clarification of process for 2nd Public Comment * Aim to have set of implemetable recommendations for the community * May need a call on Thursday 12:00 UTC to finish going through report *CoChairs sense there is a lot of support for the "overall package" of the report, but that there are concerns about specific parts of the proposal. Important for the community to see the support in the group as they review the draft for Public Comment *Minority statements are reserved for those who disagree with the "overall package" as opposed to specific sections/parts. * Last resort will be formal consensus call and/or vote by members 4.Review 2nd draft proposal for Public Comment (section by section, to be continued on Thursday at 12:00 UTC if needed) Documents for today's call are listed on Meeting page: https://community.icann.org/x/NIpCAw We will list edits/action items and consensus level for each section. Section 3A: Mission, Commitments, & Core Values Action (Becky/WP2): provide rationale for Core Value 7 to the CCWG. If the text with rationale is not acceptable, put the text in brackets. *Suggestion 1: use WSIS wording: "... based on the full participation of all stakeholders, from both developed and developing countries, within their respective roles and responsibilities." Any objections to using WSIS wording? Yes, Sebastien Bachollet: the other organizations function differently from ICANN so their language is not appropriate. --> Decision not to move forward with suggestion 1 *Suggestion 2: rewrite Core Value 7 to reflect the following: "... responsibile for public policy and duly taking into account the public policy advice of governments ad public authorities." Any objections? Yes, Robin Gross --> Decision not to move forward with suggestion 2 * Suggestion 3: Agree with deleting "within their respective jurisdictions"? Yes: majortity; No: 3 --> Decision to move forward with suggestion 3 Recap: look into legal advice and, depending on what comes back, may turn this into WS2 item. Section 3B: Fundamental Bylaws Outstanding question on what would be required to change ICANN's headquarters. Current language in Articles of Incorporation: 9. These Articles may be amended by the affirmative vote of at least two-thirds of the directors of the Corporation. When the Corporation has members, any such amendment must be ratified by a two-thirds (2/3) majority of the members voting on any proposed amendment. Action (Sidley/Adler): Review question and confirm: whether 2/3 of the Board and member is legal. Answer will likely be yes. Any objections to what is written in this section 3B? No. Action (Jordan): edit the sentence to clarify the language: "... and the approval of community mechanism as sole member" Section 4.1: IRP *Note: Becky will walk the group through issues and resolutions. The text is not available yet, so agreement here is agreement to the decisions made, not to the accuracy of the text in implementing those decisions. CCWG needs an oppoirtunity to check the text correctly reflects the report provided by Becky. *Period of consideration of IRP issues? normal time would be 6 months. If loonger, the panel would need to issue a report with estimated schedule for completion. *To what extent are decisions binding? if in violation of bylaws, the multistakeholder model would have influence in how to address. *Any objections to the IRP section? No, but Tijani Ben Jemaa and Alice Munyua have concerns about the 6-month period of consultation (issue with gaming the system). * To clarify, there is no IRP on GAC advice (only IRP is for ICANN implementation). Action (Becky/WP2): Review text to address Tijani's concern and recirculate to CCWG Section 4.2: Reconsideration *Ombudsman's role and independence is being evaluated as part of WS2 to ensure propoer independece * Any objections to this section? No Section 5A: Community Mechanism Action (Malcolm): write an email to Jordan/WP1 nd Leon about legal question regarding model and associated models. Action (Jordan): remove asterisks in voting mechanism document or clarify their purpose (where each AC stands at this point in their decision to participate) *Any objections to this document? Robin Gross: concern about how the votes are distributed across the communities. To be continued on call Thursday: Section 5B: Community Powers (intro) Section 5B.1: Budget Section 5B.2: Standard Bylaws Section 5B.3: Removal of Board Members (individuals) Section 5B.4: Recalling Board Members (entire Board) Section 5C: Diversity, Staff Accountability, and SO/AC Accountability Section 6: Incorporation of AoC Executive Summary Fulfillment of Requirements Section 1: Background Section 2: Accountability Mechanisms Section 7/8: Stress Tests Section 9: WS2 Section 10: Implementation 5. AOB none 6. Closing Remarks Need to schedule Thursday call Cannot do formal full document freeze at this stage, but will kep latest versions uploaded on Wiki

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Fwd: [Acct-Staff] Sidley and Adler Comments on Drafts for Legal Review: First set of 2
by Bernard Turcotte July 28, 2015

July 28, 2015

All, At Mathieu's request please find the latest input from the Sidley team. Cheers. B. ---------- Forwarded message ---------- From: Gregory, Holly <holly.gregory(a)sidley.com> Date: Mon, Jul 27, 2015 at 11:58 AM Subject: [Acct-Staff] Sidley and Adler Comments on Drafts for Legal Review: First set of 2 To: Thomas Rickert <thomas(a)rickert.net>, León Felipe Sánchez Ambía < leonfelipe(a)sanchez.mx>, Mathieu Weill <mathieu.weill(a)afnic.fr>, Hillary Jett <hillary.jett(a)icann.org>, "acct-staff(a)icann.org" <acct-staff(a)icann.org> Cc: Sidley ICANN CCWG <sidleyicannccwg(a)sidley.com>, "icann(a)adlercolvin.com" <icann(a)adlercolvin.com> Dear CCWG-Accountability Co-Chairs and ICANN Staff, Here are our comments on the documents we received on Friday. We are sending the documents below in this email and will send you another email with the remainder shortly. · Section 2: Accountability Mechanisms · Section 2: SO/AC Accountability · Section 3B: Fundamental Bylaws · Section 5A: Community Mechanism · Section 5B.2: Standard Bylaws · Section 5B.3: Removing individual ICANN directors · Section 5B.4: Recalling the entire ICANN Board · Section 5C: Diversity · Section 5C: Staff Accountability Requirements · Section 6: Incorporation of the AoC Please let us know if there is anything you would like to discuss. Kind regards, Holly and Rosemary and the Sidley and Adler Teams *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. **************************************************************************************************** _______________________________________________ Acct-Staff mailing list Acct-Staff(a)icann.org https://mm.icann.org/mailman/listinfo/acct-staff

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Documents for Meeting #45
by Grace Abuhamad July 28, 2015

July 28, 2015

Hi Jorge, all, Yes, good idea. For today¹s call, all the documents to be discussed are available here: <https://community.icann.org/x/NIpCAw> Thank you, Grace On 7/28/15, 2:58 AM, "Jorge.Cancio(a)bakom.admin.ch" <Jorge.Cancio(a)bakom.admin.ch> wrote: >Dear Grace and all, > >could all relevant documents be distributed and/or posted in a single >email/a single site before the call of today? > >thanks and regards > >Jorge Cancio > >Von meinem iPhone gesendet > >Am 27.07.2015 um 16:54 schrieb Grace Abuhamad ><grace.abuhamad(a)icann.org<mailto:grace.abuhamad@icann.org>>: > >Hi all, > >Agenda for Tuesday 28 July call (12:00 UTC): > > 1. Opening Remarks (roll call, SOI) > 2. Plan for the week > * 28 July: Documents Freeze > * 31 July: Publication of 2nd draft proposal > 3. Clarification of process for 2nd Public Comment > 4. Review 2nd draft proposal for Public Comment (section by section, >to be continued on Thursday at 12:00 UTC if needed) > 5. AOB > 6. Closing Remarks > > >Best, >Grace > > >Sent from my mobile device >_______________________________________________ >Accountability-Cross-Community mailing list >Accountability-Cross-Community(a)icann.org<mailto:Accountability-Cross-Commu >nity(a)icann.org> >https://mm.icann.org/mailman/listinfo/accountability-cross-community

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Re: [CCWG-ACCT] yet another human rights question
by avri doria July 28, 2015

July 28, 2015

Hi, While I have doubt that your propositions 1-6 hold in law (none of us is an international lawyer), 7 is sufficient for a WS1 effect. Fortunately there is an international law professor at the EuroSSIG where I am teaching this week, and I will ask about 1-6. avri Sent from a T-Mobile 4G LTE Device <div>-------- Original message --------</div><div>From: Nigel Roberts <nigel(a)channelisles.net> </div><div>Date:07/28/2015 9:31 AM (GMT+01:00) </div><div>To: accountability-cross-community(a)icann.org </div><div>Cc: </div><div>Subject: Re: [CCWG-ACCT] yet another human rights question </div><div> </div>Sam Thank you for this, apparent confirmation of my earlier analysis. To summarise the position :- 1. International law is never binding on NTIA. 2. International treaty obligations (a subset of international law) are not binding on NTIA. However, where they create a binding international obligation on the United States, a domestic law obligation must be imposed on the Federal and/or State government officials by way of legislation and/or regulations under existing legislation (which we call secondary legislation, over here). 3. For there to be any human rights obligation upon ICANN flowing from its relationship with NTIA, it would need to be expressed in the existing contract. 4. There are no such obligations. 5. Therefore there are no overt human rights obligations upon ICANN as a result of its relationship with NTIA 6. Therefore nothing will change IN LAW (for the better or for the worse) in this regard post-transition. It has no obligations beforehand by virtue of the contract, and the same will obtain post-transition. 7. However, what *will* change is the pragmatic ability of the US Government to bring ICANN into line if it starts to act in ways incompatible with accepted international norms (which private corporations do not have to abide by). Nigel Roberts gg.gg/nigel PS: Thye existing human rights obligations upon ICANN do not come via its relationship with ICANN but via its obligation to follow its own Articles of Incorporation, and which, I submit, is currently, very weakly effective. On 07/27/2015 09:53 PM, Samantha Eisner wrote: >>From my understanding of government contracting, in general, if there were a treaty obligation that imposed a requirement on the US government and had the force of law, in order for it be promulgated onto ICANN as a US Contractor, it would have to be included in the Federal Acquisition Regulation and then incorporated into the contract. From a quick review of the IANA functions contract, I don't see the specific human rights-related covenants and guidelines that Avri mentioned in her email to be incorporated into the IANA functions contract. > > Of course, ICANN is based in the U.S. and complies with all applicable laws and regulations. > > Hope this is helpful. > > Sam > > From: <accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org>> on behalf of León Sánchez Ambía <leonfelipe(a)sanchez.mx<mailto:leonfelipe@sanchez.mx>> > Date: Monday, July 27, 2015 at 12:34 PM > To: Edward Morris <egmorris1(a)toast.net<mailto:egmorris1@toast.net>> > Cc: "avri(a)acm.org<mailto:avri@acm.org>" <avri(a)acm.org<mailto:avri@acm.org>>, "accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>" <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> > Subject: Re: [CCWG-ACCT] yet another human rights question > > Great question Ed! > > Will be certifying it for the lawyers to answer it. Thanks for bringing it up! > > Best regards, > > > León > > El 27/07/2015, a las 8:02, Edward Morris <egmorris1(a)toast.net<mailto:egmorris1@toast.net>> escribió: > > 1. What, if any, obligations towards human rights does ICANN currently have by virtue of it's status as a U.S. government contractor that would not exist as an independent entity? > > > > > _______________________________________________ > 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

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Agenda for Tuesday 28 July call (12:00 UTC)
by Grace Abuhamad July 28, 2015

July 28, 2015

Hi all, Agenda for Tuesday 28 July call (12:00 UTC): 1. Opening Remarks (roll call, SOI) 2. Plan for the week * 28 July: Documents Freeze * 31 July: Publication of 2nd draft proposal 3. Clarification of process for 2nd Public Comment 4. Review 2nd draft proposal for Public Comment (section by section, to be continued on Thursday at 12:00 UTC if needed) 5. AOB 6. Closing Remarks Best, Grace Sent from my mobile device

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Community Empowerment
by Kavouss Arasteh July 28, 2015

July 28, 2015

Dear All, In the virtual meeting today at 0400 Korean Time, I express my strong objection to exclude any AC or OS from exercising its fundamental right at this stage. GAC has not yet formally decided nor announced that it will not wish to participate in community empowerment to exercise its rights to vote They just indicated that they wish to retain the rights that currently granted to it in providing advice to ICANN Board in application of its operating Principle NO 47. They are studying the matter and could come back to CCWG at later stage .As it was discussed ,in any democratic society no individual or group of individual are excluded to vote .their very rights to vote are included in the Constitution of the society However, one they receive the ballot vote they may decide to vote or not according to the circumstances. In view of the above, CCWG has no right to decide about the GAC before GAC formally inform the CCWG and the Community that it prefers to be permanently excluded from any right to vote in future . What is the risk if CCWG exclude GAC from participation at any voting on a global basis? Suppose that such inappropriate decision is made without explicit agreement of GAC, if in future any SO or AC or ICANN make a decision or modify Bylaws which has direct impact on the Governments very interest and GAC is unable to express its views in voting the only possibility exist would be GAC make recourse to modify Bylaws to be able to VOTE. However, if such modification does not carried forward , the GAC remained in the middle of NOWHERE . Pls seriously reconsider the matter and provide the rights for ALL AC and SO to be able to exercise its very right and leave it to those SO and AC to exercise or not that right . Pls do not make attempts to just please certain entities or individual who has been taking a very hostile attitude in regard with GAC. I am waiting your immediate remedial actions Kavouss

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additional information for the call tomorrow at 12.00 UTC
by Thomas Rickert July 27, 2015

July 27, 2015

All, please find attached a few slides we are going to use to describe how we propose to proceed with our work and the determination of support our work gets in our group. Kind regards, Thomas

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Recordings-Transcript links for WP1 Meeting #21 - 27 July
by Kimberly Carlson July 27, 2015

July 27, 2015

Hello all, The recordings and transcript for the WP1 Meeting #21 held on 27 July will be available here: https://community.icann.org/x/s4VCAw Thank you. Kind regards, Kim No notes or action items recorded.

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Re: [CCWG-ACCT] [WP1] New section - ICANN Community Assembly
by Alan Greenberg July 27, 2015

July 27, 2015

Replies. Alan At 25/07/2015 10:53 PM, Jordan Carter wrote: >Thank you Keith, Alan for these comments. I've >attached some comments back on them. All very helpful. > >I'm sorry for the confusion around the Public >Accountability Forum idea. What I was trying to >suggest was that that suggestion be incorporated >in the ICA so two "things" aren't being created. > > From memory, the notion of the Public > Accountability Forum was to bring together > board, staff and the SO/ACs in a public > exchange of views and questions and comments > about accountability issues - a sort of open > round table, done at an ICANN meeting once a > year. The point was to help build mutual > accountability across the ICANN system, not > just vertical accountability - helping to solve > the "who watches the watchers" conundrum. > >This could easily be done under the umbrella of >the ICANN Community Assembly, perhaps with >supplementary attendance or speaking rights e.g. >for more of the Board, maybe the SO/AC leadership as well. > >But creating it as a separate beast seems pointless.... > >cheers >Jordan > > >On 26 July 2015 at 06:54, Alan Greenberg ><<mailto:alan.greenberg@mcgill.ca>alan.greenberg(a)mcgill.ca> wrote: >And a bunch of comments from me. > >Alan > >At 25/07/2015 09:03 AM, Drazek, Keith wrote: >>Thanks Jordan, this looks very good to me. >>IÃ¢ve made a few proposed red-lined editsits >>in the attached, supported by comments. Happy to discuss further. >> >>Regards, >>Keith >> >>From: >><mailto:wp1-bounces@icann.org>wp1-bounces(a)icann.org >>[ mailto:wp1-bounces@icann.org] On Behalf Of Jordan Carter >>Sent: Friday, July 24, 2015 10:57 PM >>To: <mailto:wp1@icann.org>wp1(a)icann.org; Accountability Cross Community >>Subject: [WP1] New section - ICANN Community Assembly >> >>Hi all >> >>I have taken the draft material from an older >>paper about the ICANN Community Assembly and pulled it into one place. >> >>Please see attached and debate away! I've >>tried to be clear on its solely advisory >>nature, and have suggested that this would be >>the forum to use for the Public Accountability >>Forum suggestion made by advisors a while ago. >> >> >>best, >>Jordan > > >Content-Type: >application/vnd.openxmlformats-officedocument.wordprocessingml.document; > name="5A3 - Community Mechanism - ICANN CommForum-KD-AG-JC.docx" >Content-Disposition: attachment; > filename="5A3 - Community Mechanism - ICANN CommForum-KD-AG-JC.docx" >X-Attachment-Id: f_icjw1ytv2 > >Content-Type: application/pdf; > name="5A3 - Community Mechanism - ICANN CommForum-KD-AG-JC.pdf" >Content-Disposition: attachment; > filename="5A3 - Community Mechanism - ICANN CommForum-KD-AG-JC.pdf" >X-Attachment-Id: f_icjw1yu63

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