May 2016 - Accountability-Cross-Community

Board resolutions from the ICANN Board meeting held on 27 May 2016
by Bruce Tonkin May 28, 2016

May 28, 2016

From: https://www.icann.org/resources/board-material/resolutions-2016-05-27-en Approved Board Resolutions | Special Meeting of the ICANN Board 27 May 2016 1. Main Agenda: a. Approval of New ICANN Bylaws for IANA Stewardship Transition Rationale for Resolutions 2016.05.27.01 - 2016.05.27.04 b. Posting of Draft Restated ICANN Articles of Incorporation for Public Comment resulting from IANA Stewardship Transition Rationale for Resolution 2016.05.27.05 c. Service Level Agreement (SLA) with RIRs for the IANA Numbering Services Rationale for Resolution 2016.05.27.06 d. IETF MoU Supplemental Agreement Rationale for Resolution 2016.05.27.07 e. AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP Declaration Rationale for Resolution 2016.05.27.08 1. Main Agenda: a. Approval of New ICANN Bylaws for IANA Stewardship Transition Whereas, on 14 March 2014, the National Telecommunications and Information Administration (NTIA) of the United States Department of Commerce announced its intention to transition the stewardship of the IANA Functions to the global multistakeholder community. Whereas, on 10 March 2016, Internet Corporation for Assigned Names and Numbers (ICANN) accepted and transmitted to the NTIA the following transition documents: (i) the IANA Stewardship Transition Coordination Group's IANA Stewardship Transition Proposal, and (ii) the Cross Community Working Group on Enhancing ICANN Accountability's Work Stream 1 Report (collectively, the "Transition Proposals"). Whereas, ICANN lawyers and the independent law firms hired to assist the community in the development of the Transition Proposals, worked diligently to create a new set of Bylaws setting out the various proposed changes to ICANN's current bylaws to give effect to the Transition Proposals. Their work was supported by a Bylaws Coordination Group, formed at the ICANN55 Meeting in Marrakech and comprised of community members from the various groups that contributed to the Transition Proposals. Whereas, the draft Bylaws were posted for public comment on 21 April 2016 for a period of 30 days. Upon the close of the comments, a detailed analysis of the comments was performed and modifications were made to the Bylaws in response to the public comments. ICANN coordinated with the independent law firms on the revisions. Whereas, ICANN's General Counsel has affirmed that the proposed New ICANN Bylaws remain consistent with the Transition Proposals and recommends that they be adopted to allow for implementation planning to continue. Whereas, the revisions to the Bylaws were shared with the Bylaws Coordination Group that was empowered to advise the legal drafting teams in advance of consideration by the Board. The Board then considered the inputs and reactions of the Bylaws Coordination Group as well as the public comment summary and analysis. Resolved (2016.05.27.01), the ICANN Board adopts the New ICANN Bylaws as revised on 26 May 2016 [PDF, 1.41 MB]. Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective upon the expiration the IANA Functions Contract between ICANN and NTIA. The Board reaffirms its Resolution 2016.03.10.18, stating, "The Board is committed to working with the community to identify the portions of the CCWG-Accountability recommendations that can be implemented in the event that it is determined that ICANN's obligations to perform the IANA Functions will remain under contract with NTIA." Resolved (2016.05.27.03), the President and CEO, or his designee, is directed to plan for the implementation of the Bylaws so that ICANN is operationally ready to meet its obligations in the event NTIA approves of the IANA Stewardship Transition Proposal and the IANA Functions Contract expires. Resolved (2016.05.27.04), the Board approves of the transmittal of confirmation to NTIA of the adoption of these Bylaws. b. Posting of Draft Restated ICANN Articles of Incorporation for Public Comment resulting from IANA Stewardship Transition Whereas, on 14 March 2014, the National Telecommunications and Information Administration (NTIA) of the United States Department of Commerce announced its intention to transition the stewardship of the IANA Functions to the global multistakeholder community. Whereas, on 10 March 2016, Internet Corporation for Assigned Names and Numbers (ICANN) accepted and transmitted to the NTIA the following transition documents: (i) the IANA Stewardship Transition Coordination Group's IANA Stewardship Transition Proposal, and (ii) the Cross Community Working Group on Enhancing ICANN Accountability's Work Stream 1 Report (collectively, the "Transition Proposals"). Whereas, in addition to requiring changes to the Bylaws, the Transition Proposals also require ICANN's Articles of Incorporation to be modified. ICANN's lawyers, together with the independent law firms hired to assist the community in the development of the Transition Proposals, developed a draft Restated Articles of Incorporation that is agreed to be consistent with those Proposals. Resolved (2015.05.27.05), the ICANN Board approves the posting of the draft Restated Articles of Incorporation for public comment on the ICANN website as soon as reasonably practicable. c. Service Level Agreement (SLA) with RIRs for the IANA Numbering Services Whereas, on 10 March 2016, the Board approved a package of proposals to transition NTIA's stewardship of the IANA function to the global multistakeholder community (the "Proposal"). Whereas, the Proposal contains a requirement for a Service Level Agreement (SLA) between ICANN and the five Regional Internet Registries (RIRs) for the performance of the numbering services. Whereas, the Proposal contains eleven principles for the IANA Service Level Agreement. Whereas, the RIRs drafted the proposed SLA in accordance with the IANA Service Level Agreement principles in the Proposal following an open and transparent process, including public comment period of each version via the ianaxfer mailing list <https://www.nro.net/pipermail/ianaxfer>. The RIRs also had discussions and meetings with ICANN during the drafting process, and ICANN submitted written comments on various versions of the proposed SLA to the ianaxfer mailing list. Resolved (2016.05.27.06), the President and CEO, or his designee(s), is authorized to take such actions as appropriate to finalize and execute the Service Level Agreement with the Regional Internet Registries for the IANA Numbering Services as contemplated by the Proposal. d. IETF MoU Supplemental Agreement Whereas, on 10 March 2016, the Board approved a package of proposals to transition NTIA's stewardship of the IANA function to the global multistakeholder community (the "Proposal"). Whereas, the Proposal calls for ICANN to maintain its existing Memorandum of Understanding (MoU) with the Internet Engineering Task Force (IETF) for the performance of the protocol parameters functions, which has been in place since 2000. Each year a service level agreement is negotiated that supplements the MoU (the "MoU Supplemental Agreement"). Whereas, ICANN and the IETF have agreed to a final MoU Supplemental Agreement for 2016. Whereas, the 2016 IETF MoU Supplemental Agreement has been drafted in accordance with the IETF guidelines for contracted services. Resolved (2016.05.27.07), the President and CEO, or his designee(s), is authorized to take such actions as appropriate to finalize and execute the 2016 IETF MoU Supplemental Agreement with the IETF for the protocol parameters registries function as contemplated by the Proposal. e. AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP Declaration Whereas, at its meeting on 10 March 2016, the Board passed the following resolution https://www.icann.org/resources/board-material/resolutions-2016-03-10-en#2.a, adopting findings found in the Final Declaration [PDF, 2.15 MB] issued on 12 February 2016, in the consolidated Independent Review Process (IRP) proceedings relating to .HOTEL and .ECO. The resolutions of that meeting have been confirmed as approved by the Secretary, as posted on the ICANN website. Whereas, members of the Board raised some concerns about the speed at which the resolution was passed, and wanted to ensure that the record on the Board's vote, and any voting statement that Board members would like to include, were clear and fully transparent. Resolved (2016.05.27.08), the Board hereby reaffirms the following resolution it passed on 10 March 2016: https://www.icann.org/resources/board-material/resolutions-2016-03-10-en#2.a.

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New Bill on IANA Transition
by Greg Shatan May 27, 2016

May 27, 2016

This has just been reported to me (hat-tip to Steve Metalitz): The Internet Assigned Numbers Authority transition got a new legislative challenge in the House Wednesday via the Securing America’s Internet Domains Act (HR-5329). Rep. Mike Kelly, R-Pa., bowed the bill, which would require NTIA to extend its existing contract with ICANN to administer the IANA functions through Sept. 30, 2019, unless the agency can certify it secured the U.S. government’s “sole ownership” of the .gov and .mil top-level domains. Greg

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Re: [CCWG-ACCT] New ICANN Bylaws
by avri May 27, 2016

May 27, 2016

Hi, Ah, so at this point it is all still contingent on some future action. I had thought the changes that were strictly accountability would not be made to wait. Thanks for making this clear. Still a good day, but a little bit less so. Sent from my T-Mobile 4G LTE Device -------- Original message --------From: Samantha Eisner <Samantha.Eisner(a)icann.org> Date: 5/27/16 15:01 (GMT-05:00) To: avri doria <avri(a)apc.org>, accountability-cross-community(a)icann.org Subject: Re: [CCWG-ACCT] New ICANN Bylaws Hi Avri, Here is the language from the Resolution on the effective date: "Resolved (2016.05.27.02), the New ICANN Bylaws will be deemed effective upon the expiration the IANA Functions Contract between ICANN and NTIA. The Board reaffirms its Resolution 2016.03.10.18, stating, 'The Board is committed to working with the community to identify the portions of the CCWG-Accountability recommendations that can be implemented in the event that it is determined that ICANN's obligations to perform the IANA Functions will remain under contract with NTIA.¹" Best regards, Sam On 5/27/16, 11:51 AM, "accountability-cross-community-bounces(a)icann.org on behalf of avri doria" <accountability-cross-community-bounces(a)icann.org on behalf of avri(a)apc.org> wrote: >Hi, > >anyone know when they go into effect? > >immediately? > >avri > > >On 27-May-16 14:44, Hillary Jett wrote: >> Original link: https://www.icann.org/news/blog/new-icann-bylaws >> >> >> New ICANN Bylaws >> >> *Author: Steve Crocker* >> >> Today, on behalf of the ICANN Board, I am pleased to announce >> the adoption >> >><http://www.icann.org/resources/board-material/resolutions-2016-05-27-en> >> of >> the new ICANN Bylaws >> >><https://www.icann.org/en/system/files/files/adopted-bylaws-27may16-en.pd >>f>, >> which reflect changes made as a result of the IANA Stewardship >> Transition package of proposals >> <https://www.icann.org/stewardship-accountability>. The new Bylaws are >> the result of hundreds of hours of work by the community and the legal >> teams. The Regional Internet Registries Service Level Agreement and >> Internet Engineering Task Force Memorandum of Understanding >> Supplemental Agreement have also been approved for signing and will go >> into effect after the transition. >> >> Later today, ICANN will be transmitting the new Bylaws to the U.S. >> Department of Commerce¹s National Telecommunications and Information >> Administration (NTIA). NTIA has previously stated that adoption of the >> new Bylaws is required for them to complete their review of the >> proposals, which is expected to occur in June. >> >> This is an important milestone for ICANN and the community. As we >> await the release of NTIA¹s report, we continue to prepare for >> implementation of the transition proposals. We thank everyone for >> their continued hard work and support during this transition process. >> >> -- >> >> Hillary Jett >> Communications Coordinator >> Internet Corporation for Assigned Names and Numbers (ICANN) >> >> Mobile: +1 (202) 674-3403 >> Email: hillary.jett(a)icann.org >> >> >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community(a)icann.org >> https://mm.icann.org/mailman/listinfo/accountability-cross-community > > >--- >This email has been checked for viruses by Avast antivirus software. >https://www.avast.com/antivirus > >_______________________________________________ >Accountability-Cross-Community mailing list >Accountability-Cross-Community(a)icann.org >https://mm.icann.org/mailman/listinfo/accountability-cross-community

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FW: UPDATED Agenda for ICANN Board meeting on 27 May 2016
by Bruce Tonkin May 27, 2016

May 27, 2016

Just a short note to confirm that the Board has passed resolutions with respect to the 4 items of the agenda below. The exact wording of the resolutions will be posted publicly soon. Thanks all for your work since Marrakech to finalize the bylaws and agreements. A big thank you to the combined legal team on drafting the legal documents, and also for the broader ICANN staff for summarizing the public comments in a short timeframe. Regards, Bruce Tonkin -----Original Message----- From: Bruce Tonkin Sent: Friday, 27 May 2016 6:02 PM To: 'bylaws-coord(a)icann.org' <bylaws-coord(a)icann.org> Subject: UPDATED Agenda for ICANN Board meeting on 27 May 2016 From: https://www.icann.org/resources/board-material/agenda-2016-05-27-en Agenda | Special Meeting of the ICANN Board 27 May 2016 Main Agenda * Approval of New ICANN Bylaws for IANA Stewardship Transition * Approval of Posting of the new Articles of Incorporation * Service Level Agreement (SLA) with RIRs for the IANA Numbering Services * IETF MoU Supplemental Agreement * AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP Declaration

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Re: [CCWG-ACCT] [ianatransition] U.S. Senate Committee on Commerce, Science, and Transportation Full Hearing on 24 May 2016
by Sivasubramanian M May 27, 2016

May 27, 2016

On Wed, May 25, 2016 at 5:28 AM, Andrew Sullivan <ajs(a)anvilwalrusden.com> wrote: > Hi, > > On Wed, May 25, 2016 at 01:37:20AM +0530, Sivasubramanian M wrote: > > > In many ways, a soft interim role for the US Government, or a short delay > > would actually ensure that the transition details are gracefully accepted > > by the whole world. > > As some of us who testified before the Committee today pointed out, > there is no evidence for the above claim; and it might cause people to > give up on IANA and go do something else. What if the Transition goes through but causes the world to give up on ICANN ? > Moreover, such an approach > wouldn't actually prove anything. As Steve DelBianco pointed out > repeatedly, for instance, either the tests will reveal nothing new > (because the processes are already running), or else the test is very > unlikely to happen (because the new powers are for extreme conditions > that we all hope will not happen). > > Just for example, if you actually wanted to test whether the EC's > ability to overturn the budget had the effects desired, we'd have to > invent a crisis that nobody wants in order to see whether the crisis > conditions are handled correctly. It is very hard for me to see how > that would be a responsible "test" period. Either we're delaying > something to perform a "test" that actually tests nothing at all, or > else we have to introduce a needless crisis in order to see whether > the mechanism works the way we'd like. > I have nowhere talked about tests, nor about lengthening the transition phase by a phase for testing, but about moving towards such an elevated Accountability framework where even tests would be unnecessary. > > Worse, we have a consensus, and it's being implemented. If the USG > now says to the IANA operational communities that their consensus > doesn't count, there is no reason to suppose those communities are > going to wait around for the next promise to be broken, and there's no > reason to believe that the Internet community generally will continue > to find IANA valuable and useful. Both of those outcomes are bad news > for the stability of the Internet identifier systems we have; and in > my opinion they offer much greater risk than the putative benefit of a > "soft" transition. > The promise is now in full view of the whole world, and the transition process is underway, so, why do we talk in terms of the promise being broken? And, are you saying that the Internet Community will NOT find IANA valuable and useful?! Ever? Just because ICANN is to be asked to have a few more hours of conversation (so to speak) on its Accountability framework?? There could be several possible forms of a 'soft' alternative to a quick and unconditional approval of the transition proposal. It does not have to call for a 'test' phase, it does not have to be a complete 'No' to transition, it could indeed be transition on the promised date, but a symbolic transition - to the existing ICANN, as it is, not to a haphazardously reinvented ICANN. Such a symbolic or ceremonial transition could be followed by a 'transition phase' where in NTIA would have make 'soft' interventions. Such a soft alternative path would in no way imply that the existing stability of the Internet identifier system is in anyway compromised. This, again is not the only soft solution, but an off-the-cuff example of several possible soft alternatives to an unconditional approval of the transition proposal, which, on a different note, has arisen out of immense and impressive Community effort that truly demonstrates the mutlistakeholder commitment to ICANN. Sivasubramanian M > > Best regards, > > A > > -- > Andrew Sullivan > ajs(a)anvilwalrusden.com > _______________________________________________ > ianatransition mailing list > ianatransition(a)icann.org > https://mm.icann.org/mailman/listinfo/ianatransition > -- Sivasubramanian M <https://www.facebook.com/sivasubramanian.muthusamy>

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UPDATED Agenda for ICANN Board meeting on 27 May 2016
by Bruce Tonkin May 27, 2016

May 27, 2016

From: https://www.icann.org/resources/board-material/agenda-2016-05-27-en Agenda | Special Meeting of the ICANN Board 27 May 2016 Main Agenda * Approval of New ICANN Bylaws for IANA Stewardship Transition * Approval of Posting of the new Articles of Incorporation * Service Level Agreement (SLA) with RIRs for the IANA Numbering Services * IETF MoU Supplemental Agreement * AOB - Reconfirming Board resolution on .HOTEL and .ECO IRP Declaration

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Synchronizing WS2 accountability projects with upcoming Accountability & Transparency Review (ATRT3)
by Steve DelBianco May 26, 2016

May 26, 2016

Just wanted to start a new thread on something CCWG should discuss as we begin Work Stream 2 (WS2). The attached document has all the background, and is summarized below. Several of our approved WS2 accountability tasks are within the scope of the next Accountability and Transparency Review Team (ATRT3), which is currently scheduled to begin Jan-2017. The CCWG may wish to consider whether to recommend delaying the start of ATRT3 in order to allow WS2 accountability items to be completed first. Currently ICANN is obligated to the 2009 Affirmation of Commitments with NTIA (AoC). ICANN’s Board made a commitment to NTIA to begin ATRT3 in January 2017. Regarding timing of ATRT3, note that the draft new bylaws require this review “be conducted no less frequently than every five years measured from the date the previous Accountability and Transparency Review Team was convened.” Since the last ATRT was convened in Feb-2013, ATRT3 could begin as late as Feb-2018. Below is a summary of WS2 items, CCWG discussions of WS2, and comparison of proposed bylaws for WS2 and ATRT recommendations. This document is intended to help CCWG determine whether and how to integrate and/or sequence WS2 activities with the third Accountability and Transparency Review. This document provides necessary background to address three questions: 1. How does the scope of ATRT compare with WS2 accountability items? 2. What do the proposed bylaws require for implementation of WS2? 3. What do draft new bylaws require for the AoC review of Accountability and Transparency (ATRT)? My own view is that WS2 gives the community more leverage than ATRT to achieve adoption of accountability enhancements that might be resisted by ICANN board and legal.

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Fwd: [bylaws-coord] For Review - Summary and Analysis of Public Comment and proposed revised ICANN Bylaws
by Grace Abuhamad May 26, 2016

May 26, 2016

For your information. Begin forwarded message: From: "Samantha Eisner" <Samantha.Eisner(a)icann.org<mailto:Samantha.Eisner@icann.org>> To: "bylaws-coord(a)icann.org<mailto:bylaws-coord@icann.org>" <bylaws-coord(a)icann.org<mailto:bylaws-coord@icann.org>> Subject: [bylaws-coord] For Review - Summary and Analysis of Public Comment and proposed revised ICANN Bylaws Dear ICANN Board and Bylaws Coordination Group, Attached please find the following documents 1. The Summary Report of Public Comments 2. A Detailed Chart of ICANN's Analysis of the Comments (in support of the Summary) 3. A clean version of the proposed New Bylaws, revised to address the comments 4. A redline of the Bylaws, showing the changes from the 20 April version posted for comment 5. A short memo to the BCG noting a few items for consideration I am also including for your review a CLEAN and REDLINE version of the proposed Restated Articles of Incorporation, which has been agreed amongst ICANN and Sidley and Adler. The Report and proposed Bylaws will be posted on the ICANN Public Comment page shortly. Please let us know if you have further questions. We look forward to speaking with you tomorrow. Sam Eisner

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TR: [bylaws-coord] For Review - Summary and Analysis of Public Comment and proposed revised ICANN Bylaws
by Mathieu Weill May 26, 2016

May 26, 2016

FYI. Also worth noting that a Bylaws drafting coordination group call is scheduled at 19 UTC today. Best Mathieu De : bylaws-coord-bounces(a)icann.org [mailto:bylaws-coord-bounces@icann.org] De la part de Samantha Eisner Envoyé : jeudi 26 mai 2016 03:51 À : bylaws-coord(a)icann.org; icann-board(a)icann.org Cc : Amy Stathos Objet : [bylaws-coord] For Review - Summary and Analysis of Public Comment and proposed revised ICANN Bylaws Dear ICANN Board and Bylaws Coordination Group, Attached please find the following documents 1. The Summary Report of Public Comments 2. A Detailed Chart of ICANNs Analysis of the Comments (in support of the Summary) 3. A clean version of the proposed New Bylaws, revised to address the comments 4. A redline of the Bylaws, showing the changes from the 20 April version posted for comment 5. A short memo to the BCG noting a few items for consideration I am also including for your review a CLEAN and REDLINE version of the proposed Restated Articles of Incorporation, which has been agreed amongst ICANN and Sidley and Adler. The Report and proposed Bylaws will be posted on the ICANN Public Comment page shortly. Please let us know if you have further questions. We look forward to speaking with you tomorrow. Sam Eisner

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Link to Senator Marco Rubio's letter to Larry Strickland
by Stephen Deerhake May 26, 2016

May 26, 2016

The text of the letter dated 24 May 2016 from Senator Marco Rubio (co-signed by Senators Ron Johnson, Roy Blunt, Dean Heller, and Dan Sullivan), referenced by Senator Rubio in his remarks at the Senate Commerce committee hearing on the IANA transition held Tuesday, is available at <http://www.rubio.senate.gov/public/index.cfm?a=files.serve&File_id=96B86CF4 -58BE-4E5A-A20A-C9D3D9A0A7CE> http://www.rubio.senate.gov/public/index.cfm?a=files.serve&File_id=96B86CF4- 58BE-4E5A-A20A-C9D3D9A0A7CE Stephen Deerhake AS Domain Registry GDNS LLC

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