August 2015 - Accountability-Cross-Community

Re: [CCWG-ACCT] Fwd: Sub-group on ICANN Accountability and Fundamental Rights
by avri doria Sept. 23, 2015

Sept. 23, 2015

Hi, Figure people are already fed up with me on this topic. I will understand, and can save all my comments for the end. avri Sent from a T-Mobile 4G LTE Device <div>-------- Original message --------</div><div>From: Greg Shatan <gregshatanipc(a)gmail.com> </div><div>Date:08/02/2015 3:42 PM (GMT-05:00) </div><div>To: Jorge.Cancio(a)bakom.admin.ch </div><div>Cc: accountability-cross-community(a)icann.org </div><div>Subject: Re: [CCWG-ACCT] Fwd: Sub-group on ICANN Accountability and Fundamental Rights </div><div> </div>I responded initially. Please include me as well. Thank you. I note that Avri Doria's name is not included. I have a sneaking suspicion she would wish to be included as well. Greg Shatan On Sun, Aug 2, 2015 at 3:32 PM, <Jorge.Cancio(a)bakom.admin.ch> wrote: Dear Nigel and all, please add me to the subgroup. thanks! Jorge Cancio Von meinem iPhone gesendet Am 02.08.2015 um 21:30 schrieb Nigel Roberts <nigel(a)channelisles.net<mailto:nigel@channelisles.net>>: Dear All I was wondering if somehow we might arrange a get-together of those interested in the topic, in Dublin. If you are one of the people who expressed a 'me too', you should have just received the below, from me. (If you didn't but would have expected to, please say!). N. -------- Forwarded Message -------- Subject: Sub-group on ICANN Accountability and Fundamental Rights Date: Sun, 02 Aug 2015 20:16:25 +0100 From: Nigel Roberts <nigel(a)channelisles.net><mailto:nigel@channelisles.net> To: deinhorn(a)bakerlaw.com<mailto:deinhorn@bakerlaw.com>, stephanie.perrin(a)mail.utoronto.ca<mailto:stephanie.perrin@mail.utoronto.ca>, seun.ojedeji(a)gmail.com<mailto:seun.ojedeji@gmail.com>, Dr Eberhard W Lisse <el(a)lisse.na><mailto:el@lisse.na>, jordan(a)internetnz.net.nz<mailto:jordan@internetnz.net.nz>, malcolm(a)linx.net<mailto:malcolm@linx.net>, leonfelipe(a)sanchez.mx<mailto:leonfelipe@sanchez.mx>, mshears(a)cdt.org<mailto:mshears@cdt.org>, robin(a)ipjustice.org<mailto:robin@ipjustice.org>, dmcauley(a)verisign.com<mailto:dmcauley@verisign.com>, egmorris1(a)toast.net<mailto:egmorris1@toast.net> CC: mathieu.weill(a)afnic.fr<mailto:mathieu.weill@afnic.fr>, rickert(a)anwaelte.de<mailto:rickert@anwaelte.de> Dear Colleagues I have just spent the last 10 minutes or so going through the 'metoo' messages on the main list. I think I have collected here the list of all Members and Participants who have expressed an interest in either participating in the work of the proposed sub-team, or alternatively who wish to lurk and read the mail (I make no distinction at this stage between the two). The purpose of this mail is, essentially, a check call. Unless you have received this email in error (i.e. you are NOT wishing to be involved), you need not reply. I'll post something to the main listshortly . . _______________________________________________ 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 _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community

19 20

Call(s) on Thursday
by Grace Abuhamad Sept. 12, 2015

Sept. 12, 2015

Dear all, The poll is now closed. Staff will proceed to schedule two calls for Thursday 30 July: * 11:00 13:00 UTC * 17:00 19:00 UTC (this call may need to be extended depending on progress made) Please look forward to calendar notices. The Agenda will follow later today. Best, 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 10:24 AM To: Accountability Cross Community <accountability-cross-community(a)icann.org> Subject: [CCWG-ACCT] IMPORTANT: Doodle Poll for Thursday Call 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

10 19

Re: [CCWG-ACCT] [ccnso-members] Re: [ccTLDcommunity] ICANN Statement Regarding IANA Intellectual Property Rights
by Nigel Roberts Sept. 11, 2015

Sept. 11, 2015

And THAT is the difference between mechanismes that a civilian lawyer would propose compared with common layers (like me). The point is if this is done by contractual obligation, well, no one HAS to comply with a contractual obligation. You can refuse. (Someone did it do me just today). THEN you have to sue. It can drag on. All the while the true IANA is kept out of their name. But if the property ownership is located with a trusted third party, and the licence comes to an end (say by a change of IANA function manager), then no enforcement is needed -- the property results to its beneficial owner automatically who can relicence it. Similar aims, different processes. I know which I prefer. On 18/08/15 19:57, Peter Vergote wrote: > Nigel and all, > > I think that ICANN could continue to be the owner of the mentioned domain names upon condition that there is a clear and unambiguous contractual commitment that the ownership of those domain names will be transferred to the new IANA Functions Operator in the event that this would no longer be ICANN. > > In practice you achieve pretty much the same as with your suggestion with a trusted third party but I think the above is probably easier to implement. > > The same should apply for all trademarks relating to IANA and currently in ownership by ICANN. > > For the record, when we are talking about IP rights, we are in fact referring to the trademarks and alikes. Domain name registrations are not IP rights it’s more or less a form of possession but in legal nature not an IP right. Domain names can be claimed back through UDRP on the basis of a matching IP right e.g. a trademark. > > Best, > > Peter > > Peter Vergote > Legal & Corp. Affairs Manager > +32 16 29 89 28 > +32 474 790096 > www.dnsbelgium.be <http://www.dnsbelgium.be/> > > > > > > > > > > On 18/08/15 19:41, "Nigel Roberts" <nigel(a)channelisles.net> wrote: > >> >> Steve >> >> You are right and for that reason ICANN must not have the IP rights to >> the IANA.ORG domain name, or indeed unfettered control (as this >> discussion implies. >> >> Insteadm it must have a licence allowing it to be used day-to-day *BY* >> ICANN, as long as it is the IANA contractor. It must have de-facto >> day-to-day operational control. But that's it. >> >> Therefore the Registrant of IANA.ORG needs to become a trusted third >> party that holds the registration ON TRUST (in the legal sense) for the >> beneficial owner (call that RightsCo if you like), who provides an >> unlimited-use license to ICANN (or any other company that might get the >> IANA contract in the future) under the terms of its carrying out the >> IANA function. >> >> >> >> On 18/08/15 17:20, Steve Crocker wrote: >>> Becky, >>> >>> Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they’re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation. >>> >>> Steve >>> >>> >>> >>> On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr(a)neustar.biz> wrote: >>> >>>> I think that the IP rights in question are limited to the IANA trademark, >>>> which the USG transferred to ICANN in 1999 or so. >>>> >>>> J. Beckwith Burr >>>> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer >>>> 1775 Pennsylvania Avenue NW, Washington, DC 20006 >>>> Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / >>>> becky.burr(a)neustar.biz / www.neustar.biz >>>> >>>> >>>> >>>> >>>> >>>> >>>> On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el(a)lisse.NA> wrote: >>>> >>>>> Gabi, >>>>> >>>>> thank you for posting this. >>>>> >>>>> All, >>>>> >>>>> I want to place on record, that this needs SIGNIFICANT thought, and >>>>> considerably more detail than what is provided here. >>>>> >>>>> In particular what actual Intellectual Property Rights do they mean, >>>>> EXACTLY? And I would like to see them in a numbered list :-)-O >>>>> >>>>> Most certainly will the root zone (database) on which the NSF is >>>>> performed, and the contacts database (DEF) NOT fall under this. >>>>> >>>>> >>>>> Without having thought this through to the end, however, I think this is >>>>> a WS1 item for the CCWG Accountability, and needs to be dsicussed on >>>>> tonight's call. >>>>> >>>>> >>>>> Fortunately, we have time, the transition has been postponed to >>>>> 2016-09-30 last Friday >>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_ >>>>> 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO >>>>> ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n >>>>> jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e= >>>>> >>>>> greetings, el >>>>> >>>>> >>>>> On 2015-08-18 09:16, Gabriella Schittek wrote: >>>>>> Dear all, >>>>>> >>>>>> ICANN has released a statement regarding the IANA Intellectual Property >>>>>> Rights: >>>>>> >>>>>> === >>>>>> ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 >>>>>> August 2015 >>>>>> ICANN supports the IANA Stewardship Transition Group (ICG) proposal and >>>>>> the underlying proposals from the Community Working Group (CWG), the >>>>>> Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning >>>>>> for the IANA/NTIA Transition (IANAPLAN) working group. >>>>>> The ICANN Board is focused on how to implement the Intellectual Property >>>>>> Rights (IPR) component of the proposal. The Board believes that for >>>>>> stability and pragmatic operational reasons, the IANA Functions Operator >>>>>> must have operational control over the IANA.ORG >>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c >>>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x >>>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl >>>>>> EqzcJUU3MkUOa58&e= > domain. >>>>>> During the transition, ICANN is prepared to transfer full ownership of >>>>>> the IANA-related trademarks to a neutral third party mutually agreed >>>>>> among the operational communities with the understanding that ICANN, as >>>>>> the current IANA Functions Operator, will be granted license to those >>>>>> trademarks and ICANN will maintain operational control of the IANA.ORG >>>>>> >>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c >>>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x >>>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl >>>>>> EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA >>>>>> Functions Operator. >>>>>> If the transfer during the transition affects the timeline, we advise >>>>>> delay until after the transition. In that event ICANN is ready to hold >>>>>> the IPR as interim measure but commits to transfer it within 120 days >>>>>> after the neutral third party is identified by the operational >>>>>> communities. >>>>>> We believe this is neutral and in the public interest. We look forward >>>>>> to hearing from anyone in the community. >>>>>> >>>>>> === >>>>>> >>>>>> See >>>>>> https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a >>>>>> nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c >>>>>> JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB >>>>>> O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e= >>>>>> >>>>>> >>>>>> Kind regards, >>>>>> >>>>>> Gabi >>>>>> >>>>>> >>>>>> >>>>>> _______________________________________________ >>>>>> ccTLDcommunity mailing list >>>>>> ccTLDcommunity(a)cctld-managers.org >>>>>> >>>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dman >>>>>> agers.org_mailman_listinfo_cctldcommunity&d=AwICAg&c=MOptNlVtIETeDALC_lUL >>>>>> rw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH >>>>>> _5RfpEaBO3-njFirHo3sc&s=hj0Oa8KWrcB67Gt8uRpbH-r3gLgTrpp6HraDXEfJoYU&e= >>>>>> >>>>>> To unsubscribe please send a blank email to >>>>>> ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org >>>>>> >>>>> >>>>> -- >>>>> Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) >>>>> el(a)lisse.NA / * | Telephone: +264 81 124 6733 (cell) >>>>> PO Box 8421 \ / >>>>> Bachbrecht, Namibia ;____/ >>>>> _______________________________________________ >>>>> ccTLDcommunity mailing list >>>>> ccTLDcommunity(a)cctld-managers.org >>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.lists.cctld-2Dmana >>>>> gers.org_mailman_listinfo_cctldcommunity&d=AwICAg&c=MOptNlVtIETeDALC_lULrw >>>>> &r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5R >>>>> fpEaBO3-njFirHo3sc&s=hj0Oa8KWrcB67Gt8uRpbH-r3gLgTrpp6HraDXEfJoYU&e= >>>>> >>>>> To unsubscribe please send a blank email to >>>>> ccTLDcommunity-unsubscribe(a)lists.cctld-managers.org >>>> >>>> _______________________________________________ >>>> Accountability-Cross-Community mailing list >>>> Accountability-Cross-Community(a)icann.org >>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community >>>

2 1

Human rights - way forward
by Mathieu Weill Sept. 8, 2015

Sept. 8, 2015

Dear Colleagues, As announced during our last call, the co-Chairs have reviewed where we are on this issue. Our group is tasked to work on the basis of consensus, and we have focused on assessing where this condition was met. It is our conclusion that : 1) our group has achieved consensus on including a human rights related Commitment in Icann's Bylaws. 2) no particular wording currently proposed achieved consensus. As a consequence, we propose to include into the public comment 2 report (in the Mission & Core value section, a draft is included below) - this assessment and a firm commitment to add a human rights related Commitment into Icann's Bylaws, - the underlying requirements expressed during the debate, - the concrete language proposals that were considered by our group so far, as examples Finally, given the strong momentum on the issue, both during the meeting and on list before and after, and taking into account the high level of complexity involved, we suggest to kick off ASAP a subgroup to further refine the requirements and assess potential options based on further studies of the current situation and "agreed-on" language. We thank you all for your understanding and commitment on this topic, as well as the extensive discussions both on list and during the calls about this. As a reminder, Minority statements filed until Saturday 12.00 UTC will be incorporated into the report to be published on Monday. Statements filed after this deadline will be published online but not incorporated into the report. Best regards, Leon, Thomas & Mathieu Co-chairs ----------------------------------------------- NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values Elaborating an Icann Commitment to Human Rights The CCWG-Accountability extensively discussed the opportunity to include into Icann Bylaws a Comittment related to Human Rights. The group commissioned a legal analysis of whether the termination of the IANA contract would induce changes into Icann's obligations with regards to Human Rights (LINK). While no significant issue was found to be directly linked to the termination of the IANA contract, the group acknowledged the recurring debates around the nature of Icann's accountability towards the respect of fundamental human rights. These discussions identified the following, non-exhaustive, list of accountability-related requirements : - the NTIA criteria to maintain the openness of the Internet, including free expression and the free flow of information - the need to avoid extending Icann's mission into content regulation - the importance of assessing the impact of Icann policies on Human rights Examples of language that could serve as a Commitment were as follows : - Within its mission and in its operations, ICANN will be committed to respect the fundamental human rights of the exercise of free expression and the free flow of information. - Within its mission and in it operations, ICANN will be committed to respect internationally recognized fundamental human rights. The group has achieved consensus on including a human rights related Commitment in Icann's Bylaws. However no particular wording currently proposed achieved consensus. Reiterating its commitment to elaborate concrete proposals as part of its mandate, the CCWG-Accountability is calling for comments on this approach and the underlying requirements. -- ***************************** Mathieu WEILL AFNIC - directeur général Tél: +33 1 39 30 83 06 mathieu.weill(a)afnic.fr Twitter : @mathieuweill *****************************

31 46

Blog: Volume 9: An Update on IANA Stewardship Discussions
by Grace Abuhamad Aug. 31, 2015

Aug. 31, 2015

https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-discu ssions Volume 9: An Update on IANA Stewardship Discussions <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-dis cussions#> <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-disc ussions#> <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-disc ussions#> <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-disc ussions#> <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-disc ussions#> <https://www.icann.org/news/blog/volume-9-an-update-on-iana-stewardship-disc ussions#> Deadlines for two key public comment periods fast approaching The deadlines for the public comment periods for the two proposals that will soon be forwarded to the National Telecommunications and Information Administration (NTIA <http://www.ntia.doc.gov/> ) are fast approaching, with just over one week left for stakeholders to submit their views on the contents of the proposals: 1. The Consolidated IANA Stewardship Transition Proposal <https://www.ianacg.org/calls-for-input/combined-proposal-public-comment-per iod/> by the ICG 2. The 2nd Draft Proposal on Work Stream 1 Recommendations <https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en> of the CCWG-Accountability In addition, to enable the community the necessary time to prepare for the transition of stewardship after the proposals have been accepted by the community and NTIA, NTIA has announced <http://www.ntia.doc.gov/blog/2015/update-iana-transition> that it will extend the IANA Functions Contract with ICANN for one year, ending 30 September 2016. Consolidated IANA stewardship proposal The IANA Stewardship Transition Coordination Group (ICG <http://www.ianacg.org/> ) public comment period <https://www.ianacg.org/calls-for-input/combined-proposal-public-comment-per iod/> for the Proposal to Transition the Stewardship of the Internet Assigned Numbers Authority (IANA) Functions from the U.S. Commerce Department's National Telecommunications and Information Administration (NTIA) to the Global Multistakeholder Community <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-EN.pdf> ends on 8 September 2015. The proposal and the form for submitting comments are now available in all 6 United Nations languages plus Portuguese (see links below). To date, there have been twenty-four responses received <https://www.ianacg.org/calls-for-input/iana-stewardship-transition-proposal -public-archive-of-submitted-comments/> . The comment period will close on 8 September 2015. How to submit a public comment before the 8 September deadline 1. Use the online form (AR <https://comments.ianacg.org/form?lang=ar> | EN <https://comments.ianacg.org/form> | ES <https://comments.ianacg.org/form?lang=es> | FR <https://comments.ianacg.org/form?lang=fr> | PT <https://comments.ianacg.org/form?lang=pt> | RU <https://comments.ianacg.org/form?lang=ru> | ZH <https://comments.ianacg.org/form?lang=zh> ) 2. After you have submitted the form, you will receive an automatically generated email asking you to click a link to confirm your submission. Your comments will then be posted to the archive of public comments <http://forum.icann.org/lists/comments-cwg-stewardship-draft-proposal-22apr1 5/> . 3. 4. Send an email to public-comments(a)ianacg.org using the optional template (AR <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-AR.d ocx> | EN <https://www.ianacg.org/icg-files/documents/public-input-template-EN.docx> | ES <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-ES.d ocx> |FR <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-FR.d ocx> | PT <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-PT.d oc> | RU <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-RU.d ocx> | ZH <https://www.ianacg.org/icg-files/documents/ICG-public-comment-web-form-ZH.d ocx> ) 5. After submitting your comments you will receive two emails: the first confirms receipt of your email; the second confirms your comments have been posted to the comments archive <https://www.ianacg.org/calls-for-input/iana-stewardship-transition-proposal -public-archive-of-submitted-comments/> . Key links 1. IANA Stewardship Transition Proposal: AR <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-AR.pdf> | EN <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-EN.pdf> | ES <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-ES.pdf> | FR <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-FR.pdf> | PT <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-PT.pdf> | RU <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-RU.pdf> | ZH <https://www.ianacg.org/icg-files/documents/IANA-stewardship-transition-prop osal-ZH.pdf> 2. Call for public comments <https://www.ianacg.org/calls-for-input/combined-proposal-public-comment-per iod/> 3. Archive of public comments received <https://www.ianacg.org/calls-for-input/iana-stewardship-transition-proposal -public-archive-of-submitted-comments/> 4. Archives of webinar briefings on the proposal: > * Slides: AR > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-AR.pdf> | EN > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09.pdf> | ES > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-ES.pdf> | FR > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-FR.pdf> | PT > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-PT.pdf> | RU > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-RU.pdf> | ZH > <https://www.ianacg.org/icg-files/documents/XPL-ICAN_1510_ICG_Report_Visual_… > mmary_09-ZH.pdf> > * 6 August Adobe Connect <https://icann.adobeconnect.com/p96rxk6gqgo/> > * 6 August audio recording: AR > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_AR.mp3> | EN > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_EN.mp3> | ES > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_ES.mp3> | FR > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_FR.mp3> | PT > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_PT.mp3> | RU > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_RU.mp3> | ZH > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_1_ZH.mp3> > * 6 August transcript: EN > <https://www.icann.org/en/system/files/files/transcript-icg-webinar-06aug15-… > .pdf> | ES > <https://www.icann.org/es/system/files/files/transcript-icg-webinar-06aug15-… > .pdf> | FR > <https://www.icann.org/fr/system/files/files/transcript-icg-webinar-06aug15-… > .pdf> > * 7 August Adobe Connect <https://icann.adobeconnect.com/p23k24s5pkm/> > * 7 August audio recording: EN > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_EN.mp3> | ES > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_ES.mp3> | FR > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_FR.mp3> | PT > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_PT.mp3> | RU > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_RU.mp3> | ZH > <https://www.ianacg.org/icg-files/meetings/archives/audio/20150806_ICG_Webin… > _Interpretation_2_ZH.mp3> CCWG-Accountability The public comment period <https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en> for the 2nd Draft Proposal on Work Stream 1 Recommendations <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-en.pdf> by the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability <https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A ccountability> ) closes on 12 September 2015. The proposal is now available in all 6 United Nations languages plus Portuguese (see links below). To date, nine public comments <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/> have been received. One of the submissions, from theICANN Board <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/msg00006. html> , notes that the Board will develop its own set of comprehensive comments and suggestions on the proposal based on: * Briefings sought from ICANN's external counsel's inputs on the proposal. The briefing <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/pdf5bBqNG P8Fj.pdf> , by Jones Day, has been submitted to the public comment mailing list * Analysis by independent third-party experts on governance on the governance impacts of the proposal, including considerations of how the proposal may impact the balance of the stakeholders in the multistakeholder model within ICANN today A subset of ICANN Board members met with ICANN staff members during the week of 24 August to discuss the CCWG-Accountability proposal. Following this, two teleconferences were organized for the CCWG-Accountability and the ICANN Board to discuss the proposal in more detail. The first teleconference <https://community.icann.org/x/dYVYAw> will be held on 31 August, where the CCWG-Accountability will brief the Board on the 2nd draft proposal. The second teleconference <https://community.icann.org/pages/viewpage.action?pageId=56133316> , to be held 2 September, will be an opportunity for the Board to share its feedback on the proposal. Observers can listen in to the teleconference via Adobe Connect <https://icann.adobeconnect.com/dialogue/> . The Board will submit additional comments based on the above inputs to the public comment forum before the comment period ends. Meanwhile, the CCWG-Accountability's legal counsel, Sidley Austin and Adler & Colvin, are conducting a preliminary review of the Jones Day briefing, and hope to submit the preliminary review to the CCWG-Accountability on 1 September. How to submit a public comment before the 12 September deadline 1. Consider the CCWG-Accountability's three questions when developing your submissions > * Do you agree that the CCWG-Accountability proposal enhances ICANN's > accountability? > * Are there elements of this proposal that would prevent you from approving it > transmission to Chartering Organizations? > * Does this proposal meet the requirements set forward by the CWG-Stewardship? 2. Send an email to comments-ccwg-accountability-03aug15(a)icann.org <mailto:comments-ccwg-accountability-03aug15@icann.org> 3. When you receive an automatically generated email asking you to confirm your submission, please follow the instructions in the email to ensure your comments are submitted to the archive of public comments <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/> . Key links 1. 2nd Draft Proposal on Work Stream 1 Recommendations: AR <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-ar.pdf> | EN <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-en.pdf> | ES <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-es.pdf> | FR <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-fr.pdf> | PT <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-pt.pdf> | RU <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-ru.pdf> | ZH <https://www.icann.org/en/system/files/files/ccwg-draft-2-proposal-work-stre am-1-recs-03aug15-zh.pdf> 2. Call for public comments <https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en> 3. Archive of public comments received <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/> 4. Archives of webinar briefings on the proposal: > * Slides: AR > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-ar.pdf?version=1&modificationDate=1439467911000&api=v2 > > | EN > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL.pdf?version=2&modificationDate=1438709926000&api=v2> > | ES > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-es.pdf?version=1&modificationDate=1439467934000&api=v2 > > | FR > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-fr.pdf?version=1&modificationDate=1439467967000&api=v2 > > | PT > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-pt.pdf?version=1&modificationDate=1439467987000&api=v2 > > | RU > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-ru.pdf?version=1&modificationDate=1439468012000&api=v2 > > | ZH > <https://community.icann.org/download/attachments/53783460/XPL_CCWG%20Propos… > _Visual%20Summary_FINAL-ZH.pdf?version=1&modificationDate=1439468054000&api=v2 > > > * 4 August Adobe Connect <https://icann.adobeconnect.com/p1obc580vgj/> > * 6 August audio recording: AR > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_AR.mp3?version=1&modificationDate=1438728084000&api=v2> | > EN > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_EN.mp3?version=1&modificationDate=1438727588000&api=v2> | > ES > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_ES.mp3?version=1&modificationDate=1438727832000&api=v2> | > FR > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_FR.mp3?version=1&modificationDate=1438728402000&api=v2> | > PT > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_PT.mp3?version=1&modificationDate=1438728969000&api=v2> | > RU > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_RU.mp3?version=1&modificationDate=1438729597000&api=v2> | > ZH > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_ZH.mp3?version=1&modificationDate=1438730122000&api=v2> > * 4 August transcript: EN > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_EN.pdf?version=1&modificationDate=1439316675000&api=v2> | > ES > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_ES.pdf?version=1&modificationDate=1439316713000&api=v2> | > FR > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_FR.pdf?version=2&modificationDate=1439317010000&api=v2> | > PT > <https://community.icann.org/download/attachments/54692681/20150804_CCWG_Acc… > ntability_Webinar_1_PT.pdf?version=1&modificationDate=1439316792000&api=v2> > * 7 August Adobe Connect <https://icann.adobeconnect.com/p3xucqwdx73/> > * 7 August audio recording: AR > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_AR.mp3?version=1&modificationDate=143895532 > 8000&api=v2> | EN > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_EN.mp3?version=1&modificationDate=143895430 > 4000&api=v2> | ES > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_ES.mp3?version=1&modificationDate=143895470 > 4000&api=v2> | FR > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_FR.mp3?version=2&modificationDate=143895625 > 1000&api=v2> | PT > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_PT.mp3?version=1&modificationDate=143895756 > 8000&api=v2> | ZH > <https://community.icann.org/download/attachments/54692681/20150807_CCWG_Acc… > ntabiligy_Webinar_Interpretation_2_ZH.mp3?version=1&modificationDate=143895821 > 7000&api=v2> > * 25 August Adobe Connect <https://icann.adobeconnect.com/p1h84kefuog/> > * 25 August audio recording: AR > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_AR.mp3?version=1&modificationDate=1440562721000&api=v2> | EN > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_EN.mp3?version=1&modificationDate=1440561981000&api=v2> | ES > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_ES.mp3?version=1&modificationDate=1440562425000&api=v2> | FR > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_FR.mp3?version=1&modificationDate=1440562221000&api=v2> | PT > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_PT.mp3?version=1&modificationDate=1440562836000&api=v2> | ZH > <https://community.icann.org/download/attachments/54695416/20150825_CCWG_Web… > ar_3_ZH.mp3?version=1&modificationDate=1440562580000&api=v2> Extension of IANA Functions Contract On 17 August, the National Telecommunications and Information Administration (NTIA <http://www.ntia.doc.gov/> ) announced <http://www.ntia.doc.gov/blog/2015/update-iana-transition> that it had informed the U.S. Congress that it planned to extend the IANA Functions Contract with ICANN for one year until September 30, 2016. In the announcement, NTIA explains that: > "Beyond 2016, we have options to extend the contract for up to three > additional years if needed. This one-year extension will provide the community > with the time it needs to finish its work." IANA-related intellectual property rights An area of ongoing discussion related to the ICG's Consolidated IANA Stewardship Proposal has to do with the future of where the IANA-related trademarks and domain names will be held – referred to in the discussions as the IANA IPR. Of the three operational community proposals, only the numbering resources community, in its proposal <http://www.nro.net/crisp-final-proposal> developed by the Consolidated RIR IANA Stewardship Proposal Team (CRISP Team), documented a concrete suggestion for keeping the holder of IANA's IPR separate from the operator of IANA functions. The CRISP Team proposal states: > "It is the preference of the Internet Number Community that the IANA trademark > and theIANA.ORG domain name be transferred to an entity independent of the > IANA Numbering Services Operator, in order to ensure that these assets are > used in a non-discriminatory manner for the benefit of the entire community. > From the Internet Number Community's perspective, the IETFTrust would be an > acceptable candidate for this role." The protocol parameters community, via the IANAPLAN working group, found this an acceptable way forward and the IETF Trust confirmed it was willing to take on the task, if requested. The names community proposal, developed by the Cross Community Working Group Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship <https://community.icann.org/display/gnsocwgdtstwrdshp/CWG+to+Develop+an+IAN A+Stewardship+Transition+Proposal+on+Naming+Related+Functions> ), did not contain any specific proposal about how to handle the IPR. On 15 August, the ICANN Board announced <https://www.icann.org/news/announcement-2015-08-15-en> that ICANN is: > "…Prepared to transfer full ownership of the IANA-related trademarks to a > neutral third party mutually agreed among the operational communities with the > understanding that ICANN, as the current IANA Functions Operator, will be > granted license to those trademarks and ICANN will maintain operational > control of the IANA.ORG domain for as long as ICANN remains the IANAFunctions > Operator." On their 20 August call, the CWG-Stewardship agreed that the IANA IPR can be held a by neutral third party. The CWG-Stewardship sees its position on the IANA IPR as consistent with the other two proposals. Requirements for the neutral third party can be coordinated with the other communities in implementation. The CWG-Stewardship committed to issuing a statement before the close of the ICGpublic comment. Drafting of updated ICANN Bylaws Both the proposals of the CWG-Stewardship and the CCWG-Accountability include changes to ICANN's Bylaws <https://www.icann.org/resources/pages/governance/bylaws-en> . Below is a summary of the most recent developments: * On 11 August, Sidley Austin sent the CWG-Stewardship a draft matrix <http://mm.icann.org/pipermail/accountability-cross-community/attachments/20 150811/dca3cacd/209588099_1-0001.pdf> of ICANN Bylaws, designated and set out in the CWG-Stewardship Final Proposal. * On 19 August, the co-Chairs of the CCWG-Accountability formally requested <http://mm.icann.org/pipermail/accountability-cross-community/2015-August/00 5051.html> ICANN's general counsel, John Jeffrey, to begin working with the CCWG-Accountability's external counsel to draft language to include the Affirmation of Commitments <http://www.ntia.doc.gov/ntiahome/domainname/Affirmation_of_Commitments_2009 .pdf> (AoC) reviews into ICANN Bylaws, as defined by the CCWG-Accountability and in line with the agreed-upon process (see attached for full reference). IANA stewardship in the news 27 Aug 2015The IANA Transition: The Work Ahead <https://cdt.org/blog/the-iana-transition-the-work-ahead/> , Centre for Democracy & Technology [EN] 19 Aug 2015U.S. Maintains Control Over Internet Governance for a Bit Longer <http://www.buzzfeed.com/hamzashaban/us-maintains-control-over-internet-gove rnance-for-a-bit-long#.leLOq9bPK> , Buzzfeed [EN] 18 Aug 2015Fim da supervisão da IANA pelos EUA é adiada para 2016 <http://idgnow.com.br/internet/2015/08/18/fim-da-supervisao-da-iana-pelos-eu a-e-adiada-para-2016/> , IDGNOW [PT] США сохранят за собой контроль над интернетом еще на три года <http://www.interfax.ru/business/460957> , Интерфакс [RU] Les États-Unis prolongent d'une année leur tutelle sur l'Icann <http://www.lemondeinformatique.fr/actualites/lire-les-etats-unis-prolongent -d-une-annee-leur-tutelle-sur-l-icann-62068.html> , Le Monde Informatique [FR] 12 Aug 2015Erste Vorschläge vorgestellt <http://www.domain-recht.de/internet-politik/netzverwaltung-erste-vorschlaeg e-vorgestellt-64672.html> , Domain Recht [DE] Upcoming key dates 1 Sep 2015CCWG-Accountability teleconference #51 <https://community.icann.org/display/acctcrosscomm/Meetings> , 12:00 UTC 2 Sep 2015CCWG-Accountability dialogue with ICANN Board <https://community.icann.org/pages/viewpage.action?pageId=56133316> , 22:00-1:00 UTC 3 Sep 2015CWG-Stewardship Teleconference #64 <https://community.icann.org/x/D5FCAw> , 11:00-13:00 UTC 8 Sep 2015CCWG-Accountability teleconference #52 <https://community.icann.org/display/acctcrosscomm/Meetings> , 19:00 UTC Public Comment Period on ICG's IANA Stewardship Transition Proposal <https://www.ianacg.org/calls-for-input/combined-proposal-public-comment-per iod/> closes 10 Sep 2015ICG teleconference #22 <https://www.ianacg.org/icg-announces-upcoming-conference-calls-2/> , 5:00-06:30 UTC 12 Sep 2015Public Comment Period for CCWG-Accountability's 2nd draft of ICANNaccountability enhancements (Work Stream 1) <https://www.icann.org/public-comments/ccwg-accountability-2015-08-03-en> closes 15 Sep 2015CCWG-Accountability teleconference #53 <https://community.icann.org/display/acctcrosscomm/Meetings> , 6:00 UTC 17 Sep 2015CWG-Stewardship teleconference #65 <https://community.icann.org/display/gnsocwgdtstwrdshp/Meetings> , 17:00-19:00 UTC 18-19 Sep 2015ICG Face-to-Face Meeting <https://www.ianacg.org/icg-announces-face-to-face-meeting-for-18-19-septemb er/> , Los Angeles, CA, USA 23 Sep 2015ICG teleconference #23 <https://www.ianacg.org/icg-announces-upcoming-conference-calls-2/> , 11:00-12:30 UTC 30 Sep-15 Oct 2015 CCWG-Accountability's 2nd and final proposal (Work Stream 1) presented toALAC, ASO, ccNSO, GAC and GNSO for their approval. 7 Oct 2015ICG teleconference #24 <https://www.ianacg.org/icg-announces-upcoming-conference-calls-2/> , 19:00-20:30 UTC 18-22 Oct 2015ICANN 54 <https://meetings.icann.org/en/dublin54> including: ICG Face-to-Face meeting and presentation of proposals forIANA stewardship and ICANN accountability enhancements (Work Stream 1) to theICANN Board for subsequent transmission to the NTIA Week 1, Nov 2015ICANN Board transmits IANA stewardship transition and ICANN accountability (Work Stream 1) proposals to NTIA You can play a role in IANA's future… Anyone can participate in discussions about the future of IANA's stewardship and ICANN accountability. For information on joining CCWG-Accountability, contact accountability-staff(a)icann.org. Compiled on behalf of ICANN by Samantha Dickinson | 31 August 2015

1 0

AGENDA - Call #51
by Alice Jansen Aug. 31, 2015

Aug. 31, 2015

Dear all, In anticipation of your c<https://community.icann.org/pages/viewpage.action?pageId=54693845>all#51<https://community.icann.org/pages/viewpage.action?pageId=54693845> - Tuesday, 1 September from 12:00 - 14:00 UTC (time converter<http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+ACCT+Meeting&…>), please below a proposed agenda: 1. Welcome, Roll Call, SoI 2. Review input received * Jones Day Impact Analysis - http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/msg00007.… * Call with CCWG-Accountability Advisors * ... 3. Prepare for discussion with ICANN Board 4. Discuss SCWG item - http://mm.icann.org/pipermail/accountability-cross-community/2015-August/00… 5. Elaborate a work plan for analysis of PC2 comments and finalization of report (September meeting suggested by ICANN Board) 6. Documentation of work 7. Political communication 8. Bylaws amendment discussion 9. A.O.B Thank you, Kind regards Alice

1 0

Notes-Recordings-Transcript links for CCWG Meeting with Advisors - 31 August
by Brenda Brewer Aug. 31, 2015

Aug. 31, 2015

Hello all, The notes, recordings and transcripts for the CCWG Meeting with Advisors - 31 August will be available here: https://community.icann.org/x/mYJYAw A copy of the notes may be found below. Thank you. Kind regards, Brenda Notes These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcript. Advisors on call: * Nell Minow * Lee Bygrave * Willie Currie * Jan Aart Scholte * Valerie D'Costa Questions/Feedback - How does the feedback from Jones Day fit into the CCWG-Accountability process? Was it requested by the CCWG-Accountability? --> The analysis was requested by the ICANN Board. The paper is intended to inform the Board but does not represent the Board's views. We have asked our legal counsel to look at the analysis and will examine the paper to see if there are areas that require action. A call with ICANN Board, NTIA, legal counsel is scheduled for today at 22:00 UTC. A second call will take place on 2 September at 22:00 UTC - On overall presentation of community mechanism: could it interfere in everyday operations or not? It is referred to as the ultimate authority: if there are no effective checks and balances on that mechanism, could it go out of hand? There still is unclarity in the content as well as presentation. Those who will inherit the mechanism could inherit something you had not intended. There is ambiguity. - If you look at social theories of contingency, there are concerns about how to balance sanction based accountability and trust based accountability. You can' t predict future. It is important to have accountability sanction for referral. - Happy with general framework of community mechanism. Escalation in terms of sanctions is very graduated. Litigation is CA courts is very unlikely unless we have stakeholders who wish to undermine balance. Agree that there are some ambiguities that need to be explained (voting mechanisms, balance of powers between SO/ACs). - Concerns about setting up a mechanism that will be so specifc it will be restricting instead of enabling. Concerned about implementation and ambitiousness of proposal for getting it on time. Concerned about transparency: actions and roles of ICANN and various supporting entities is unclear. Emphasis on outreach is needed. - Empowered community is ambiguous. Empowered community as SO/ACs doing activties on one hand and there is empowered community as community mechanism. Is it the mechanism as legislator or is it the activities within ICANN? --> Whoever is interested in the ecosystem can join respective SO/ACs - SG/Cs. Good point we need to be clearer about what we mean. - Fundamental Bylaws is a good approach. - On IRP, ambiguity on what ICANN is: is it Board/Staff, community empowerment, SO/ACs? Could it be used when community mechanism violates mandate for instance? --> IRP focuses on Board/staff actions/inactions. We should specify. - On standing: could the Board use an IRP to hit back at the community mechanism? More details need to be put into explanation. --> Voting threshold - There is a conflict of interest between Board nominating panelists. IRP should nominate panelists for true independence. --> The panel would be nominated by community and confirmed by Board under current proposal. Individual decisional panel: claimant would choose one member, ICANN the second one and both ICANN and claimant would choose third member. Panelists would be accepted by community and Board. --> Standing panel is selected by community and Board. There is no conflict. - In favor of request for reconsideration enhancements - How to get a widespread representation of community into this mechanism remains a challenge --> The whole community will be represented. This will need be addressed in implementation - Is it safe to send to NTIA without specifying voting process? We want to make sure there is no capture. There are gaps that might make the proposal vulnerable. Process of voting - paragraph 310 seems to imply it will be worked out. - In favor of model. It resolves a lot of concerns that have been raised in public comment. - Jones Day states the Sole Member is not a tested model, however these social models are not something you can test like a scientific model and instead this should be a constitutional moment for a new model - How would decisions be taken concretely. What would be relationship between community forum and empowerment mechanism? - What would the voting structure look like? --->SO/ACs to define voting mechanism in their own manner and representatives to report voting. - Should there be a threshold for mechanism to come into play? Would it be capture if not enough SO/ACs? * . - Will GAC listed as voting mechanism open up concerns of capture? - Stress tests are a way of conducting impact analysis. Documents Presented <https://community.icann.org/download/attachments/56132249/XPL_CCWG%20Propos… L%20%281%29.pdf?version=1&modificationDate=1441029883000&api=v2> XPL_CCWG Proposal_Visual Summary_FINAL (1).pdf

1 0

On behalf of Cochairs - SCWG - References
by Alice Jansen Aug. 31, 2015

Aug. 31, 2015

On behalf of CCWG Cochairs Dear all, On call #50, we briefly discussed the separation cross community working group (SCWG) recommended by the CWG-stewardship. Background * The CWG-stewardship report<https://community.icann.org/pages/viewpage.action?pageId=53779816> <https://community.icann.org/pages/viewpage.action?pageId=53779816> states: if the IANA Function Review (IFR) determines that a separation process is necessary, it will recommend the creation of a Separation Cross Community Working Group (SCWG). This recommendation will need to be approved by a supermajority of each of the GNSO and the ccNSO Councils, according to their normal procedures for determining supermajority, and will need to be approved by the ICANN Board after a public comment period, as well as a community mechanism derived from the CCWG-Accountability process. A footnote is included: This community mechanism could include ICANN membership, if ICANN were to become a membership organization per the CCWG-Accountability work efforts. In addition the CWG-stewardship recommends that the entity that would perform the IANA naming functions following a separation process will require community approval through the established mechanism derived from the CCWG-Accountability process. * Annex L of the CWG-stewardship report (see p. 94) suggests that the SCWG will follow the overall guidelines and procedures for ICANN Cross Community Working Groups and establishes a proposed composition of the SCWG with a footnote that if this composition diverges from the recommendation of the Cross Community Working Group on Principles for Cross Community Working Groups, the structure in this proposal shall prevail. The CWG-stewardship specifies that each group will be responsible for appointing its own representative to the SCWG based on the proposed SCWG composition. * In Annex L, the CWG-stewardship flags the following as a key item: approval by a community mechanism derived from the CCWG-Accountability process to approve the final selection of the SCWG (if this tenet of the CCWG-Accountability proposal is not implemented a new approval mechanism will have to be put in place. * The ICG draft report<https://www.icann.org/en/system/files/files/iana-stewardshp-proposal-31jul1…> <https://www.icann.org/en/system/files/files/iana-stewardshp-proposal-31jul1…> considers the following to be a CCWG-Accountability dependency (see p.14) : the empowerment of the Special IFR to determine that a separation process is necessary and, if so, to recommend that a Separation CrossCommunity Working Group (SCWG) be established to review the identified issues and make recommendations. Note: this is the ICG's assessment and it was not discussed with the CWG. * The CCWG-Accountability second draft proposal<https://community.icann.org/pages/viewpage.action?pageId=53783460> suggests (see p.14) that the incorporation into the Bylaws of the procedure to implement a Separation Process should it arise from a Special IANA Function Review, including provision for the creation of the Separation Cross-Community Working Group (SCWG), its functions and voting thresholds for approving the end-result of the SCWG process (which could include a separation) is agreed on. Its specifications will be based on the requirements detailed by the CWG-Stewardship and the Bylaw drafting process will include the CWG-Stewardship. We agreed with the CWG-stewardship leaders that the above should be discussed within our group. We consider two options as possible: 1. Clarify that the CCWG would be set up per current procedures I.e through Chartering Organizations; 2. Elaborate a specific process in final recommendations. Views were expressed on call #50. While some believe that no further work should be undertaken, others believe the CCWG should put suggestions in writing for the CWG-stewardship's consideration and request whether any further assistance is needed. We wish to continue the dialogue and will resume the discussion on call #51 (1 September) to confirm the approach to use. In the meantime, we encourage you to send your thoughts to the list. Thanks Best regards Thomas, León, Mathieu

1 0

Blog: The IANA Transition: The Work Ahead
by Grace Abuhamad Aug. 31, 2015

Aug. 31, 2015

We¹ll post this shortly on the CCWG¹s blog page <https://community.icann.org/display/acctcrosscomm/Blogs> . Original link: https://cdt.org/blog/the-iana-transition-the-work-ahead/ On 17 August, Assistant Secretary for Communications and Information Lawrence Strickling announced <http://www.ntia.doc.gov/blog/2015/update-iana-transition> that the US government would be extending the IANA contract with ICANN through 30 September 2016. This long anticipated extension reflects the community¹s need for additional time to accomplish a number of important tasks, in order to bring about the IANA stewardship transition. The extension does not mean that the community is not delivering on its commitments, but rather that the process of ensuring appropriate consultation, refining proposals, securing endorsement from the ICANN community, undergoing interagency review, etc., is going to take more time. The extension is a welcome, practical, and necessary step that provides the community with a realistic timeframe going forward while ensuring the stability and continuity of the DNS. The extension reflects a ³best case² timeline set out by the community in which it suggested that the accountability-related requirements for the transition would only likely be accomplished by July 2016 and that an extension to September 2016 would be prudent. The work that needs to be accomplished between now and then is considerable, as is shown in this timeline <https://www.icann.org/sites/default/files/assets/iana-stewardship-implement ation-phases-19aug15-en.pdf> . > The extension is a welcome, practical, and necessary step that provides the > community with a realistic timeframe going forward while ensuring the > stability and continuity of the DNS. By the time of the ICANN meeting in Dublin in mid-October, the transition and accountability proposals that are currently out for public comment <https://cdt.org/blog/speak-up-on-the-iana-transition-and-icann-accountabili ty/> need to be finalized. Any substantive issues raised in the consultations will need to be addressed by the community prior to the Dublin meeting. Assuming that these and other issues can be resolved, the names community will (hopefully) endorse the accountability proposal at the ICANN meeting and the IANA Stewardship Transition Coordination Group (ICG) will produce the final version of its transition proposal. Once the two proposals are ready, it is expected that the ICANN Board will forward them to NTIA, at the end of October or early November. While the proposal package both transition and accountability enhancements undergoes scrutiny in the interagency and Congressional review processes, the community cannot afford to rest. The Cross Community Working Group (CCWG) Accountability proposal section on implementation and timing <https://community.icann.org/download/attachments/53783460/Section%2010_Impl ementation_FINAL.pdf?version=2&modificationDate=1438541030000&api=v2> outlines the work that needs to be done and highlights the process that has been initiated for drafting the bylaws that will be required to be in place for the transition. Beyond this, however, there are no specific implementation plans in place. Given the limited timeframe within which to accomplish the work, a determination needs to be made quickly as to whether the existing transition and accountability working groups will be addressing implementation issues or if other working groups or mechanisms will need to be established. Work will also have to start addressing those accountability enhancements that do not necessarily have to be in place for the transition, but that are important to the increased accountability of the ICANN post-transition. These issues also outlined towards the end of the CCWG Accountability proposal <https://community.icann.org/download/attachments/53783460/Section%209_Work% 20Stream%202_FINAL.pdf?version=2&modificationDate=1438540962000&api=v2> include refining operational aspects of the proposals that need to be in place for the transition, looking at government participation in ICANN and jurisdiction, as well as community accountability, transparency, diversity, and human rights, among others. Issues such as government participation and jurisdiction are complex and politically charged, and will no doubt engender considerable debate. The resulting proposal will also go through an iterative drafting process as well as rounds of public comment. Throughout the next year the community will need a lot of resolve and stamina. The extension does not mean that there can be a let-up in effort there is still much to be accomplished for the transition to occur by 30 September 2016.

1 0

Blog: The Latest Update on the Board's Review of the CCWG Proposal
by Grace Abuhamad Aug. 31, 2015

Aug. 31, 2015

Original link: https://www.icann.org/news/blog/the-latest-update-on-the-board-s-review-of-t he-ccwg-proposal As reported Wednesday <https://www.icann.org/news/blog/updating-our-community-on-our-review-of-the -ccwg-accountability-proposal> , the Board is engaged in full review of the CCWG-Accountability proposal. In line with our commitment to be open and transparent about our process, we are using this space to update the community on our next steps. A subset of the ICANN Board and staff members finished a productive series of meetings this week focused on the CCWG proposal. We shared Wednesday that as part of this meeting, the group held a call with the CCWG Chairs, and met with several advisors. Additionally, we met with Larry Strickling, Assistant Secretary for Communications and Information and NTIA Administrator. The Board also held an informational call today. We would like to thank everyone for their time and valuable contributions to our discussion. Also, as reported earlier this week, we have received an impact analysis of the proposal from our external counsel Jones Day. The impact analysis has been posted to the Public Comment forum <http://forum.icann.org/lists/comments-ccwg-accountability-03aug15/pdf5bBqNG P8Fj.pdf> [PDF, 539 KB]. On Monday 31 August, the CCWG will hold a 90-minute call at 22:00 UTC to brief the Board on its proposal, and also provide an opportunity for discussion. Details of the call will be posted to the CCWG wiki <https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A ccountability> so that anyone in the community may participate. On Wednesday 2 September, the Board and the CCWG will hold a call for the Board to share its feedback on the proposal. This call will take place at 22:00 UTC and can be streamed live throughAdobe Connect <https://icann.adobeconnect.com/dialogue/> . There will also be an opportunity for a follow up call if needed. After those conversations with the CCWG, the Board will post its comments in the Public Comment forum. We are committed to working productively and constructively to achieve a successful IANA Stewardship transition and an ICANN with enhanced accountability. We remain appreciative and supportive of the CCWG's valuable work.

1 0