July 2016 - Accountability-Cross-Community

Re: [CCWG-ACCT] Proposed Agenda CCWG ACCT Meeting - 12 July 2016 @ 20:00 UTC
by Jimson Olufuye July 13, 2016

July 13, 2016

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Diversity
by RAHMOUNI Dalila July 13, 2016

July 13, 2016

Dear All, Please find attached my talk about diversity during the Helsinki meeting in four languages (French, English, Arabic and Spanish). Dalila RAHMOUNI France GAC Representative

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Notes-Recordings-Transcript link for CCWG Accountability WS2 Meeting #2 - 12 July 2016
by MSSI Secretariat July 13, 2016

July 13, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Meeting #2 - 12 July 2016 will be available here: https://community.icann.org/x/FyOOAw A copy of the notes and action items may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Action Items * ACTION ITEM - Co-Chairs to submit comment to ICANN public comment on AOI as per above discussion * ACTION ITEM - staff to recirculate answers to CCWG questions to the CCWG. * ACTION ITEM - co-Chairs and PCST is draft an approach and circulate to the list and ICANN legal and external counsel and organize a call if necessary. * ACTION ITEM - Staff to confirm the dates for ICANN 57 CCWG WS2 meeting ASAP * ACTION ITEM - Develop process to allocate the travel slots. Notes Mathieu Weill only co-chair in attendance AOI * Review of comments from lawyers on draft comments. FUTURE vs FURTHER - drafting issue and mention is as such. Holly Gregory - this is a typo and should be pointed as such. MW - agree. * Article 2 MAY vs SHALL on GPI. Holly Gregory - believe MAY is the appropriate word legally. In no way used to suggest anyone else could decide the GPI. Rosemary Fei - agree. * Brett Schaefer: I thought Greg's suggested text is much clearer: Such global public interest may be determined from time to time. Any determination of such global public interest shall be made by the multistakeholder community through an inclusive bottom-up multistakeholder community process. * Mathieu Weill - do we really need to make a change - wordsmithing should be left to lawyers? * Brett Schaeffer - although the lawyers agree this text is not only for lawyers but needs to be clear for all readers. Support Greg Shatan's proposed text. Given the debate around this it is not clear - therefore Greg's text would clarify. supported by GS and RG. * Kavouss Arasteh - both texts are correct but GS text is clearer. * Sivasubramanian - Question for legal experts - when defining GPI - what is the extent of specificity for this definition that is required? * Rosemary Fei - can support the GS proposal. * Mathieu Weill - given both are acceptable but since our community seems more comfortable with the GS version and as such we should recommend that this text be used. This should close the comments from the CCWG. * ACTION ITEM - Co-Chairs to submit comment to ICANN public comment on AOI as per above discussion * Brett Schaeffer - can we see the explanation document for the changes. * Mathieu Weill - ACTION ITEM - staff to recirculate answers to CCWG questions to the CCWG. WS2 - presentation of slides * Rapporteurs - recently added Jordan Carter to help Avri on Staff Accountability as well as Chris Wilson for transparency. Co-chair's recommendation to accept all of these. * Kavouss Arasteh - important that these colleagues must maintain impartiality and neutrality. * Mathieu Weill - indeed. important part of rapporteur's function which have to facilitate the exchanges with the community and help report on these. WS2 - Next steps - closing the Google doc now and this will be the basis for the pages and the email lists. Legal Cost Control Mechanisms - presentation of slides. * Robin Gross - we should re-instate the original CCWG legal committee. * Kavouss Arasteh - if something works well keep it - so did it? Re ICANN legal - should be able to attend all meetings but not at decision. * Mathieu Weill - current arrangement is only the co-chairs and this may of been appropriate for WS1. For WS2 we need a more open process. Seems there is traction for the original legal committee (no objections). * Budget Ownership - Mathieu Weill suggests legal Committee. * Tijani BenJemaa - do not agree with the legal committee - mgmt of budget should be done by Co-Chairs. Kavouss Arasteh - Agree with Tijani this would overload the Legal Comm. * Mathieu Weill seems to be a clear direction. * Allocation of Requests (slide) - * Kavouss Arasteh - could be a combination of both. * Sebastien Bachollet - we need to take advantage of the ICANN legal team since we are in a different situation vs WS1 at this point and support option 1 - maybe also ask them for best external resources. * Mathieu Weill a blended option would seem to be the best way forward. * Tijani Ben Jemaa - problem with 2 will be the speed of response - best to use option 1. * Mathieu Weill - understood and could be part of a blended solution. * Holly Gregory - whose budget is this? * Mathieu Weill need clarity from ICANN legal on this point. * Kavouss Arasteh - still think a blended solution would be best. * Mathieu Weill - this is the intention. * Tijani Ben Jemaa - Holly has a very important point. * Mathieu Weill - useful discussion to help draft a common solution over the coming days and then we will circulate to the group. If necessary, we can have a special second reading on this. * Action Item co-Chairs and PCST is draft an approach and circulate to the list and ICANN legal and external counsel and organize a call if necessary. * Holly Gregory - committed to work most efficiently but concerned about option 1 given we will not participate in all calls etc. so it may take longer to get up to speed. * Sam Eisner - from an ICANN legal POV we are looking forward to get the best legal advice. ICANN legal has a lot of experience as to how to frame questions and manage external experts - we stand ready to help the CCWG in WS2. * Mathieu Weill - Bylaws drafting demonstrated this. * Kavouss Arasteh - common advice of both externals was useful in the previous arrangements. * Pedro da Silva - similar to KA it is probable that we will reach out to expertise that is beyond to what we have used so far - so the legal committee needs to be independent to be able to do this. * Mathieu Weill - noted. * Tijani Ben Jemaa - main point is the budget restrictions is critical - as such we should be most efficient. * Mathieu Weill - closing the discussion on this point - a blended option 3 would address most of the points raised at this meeting and we should be able to find a reasonable balance - will be shared on the list and there will be a call if necessary. AOB * Kavouss Arasteh - meeting before each ICANN meeting? * Mathieu Weill - we have this agreement - just need to confirm the dates. * ACTION ITEM - Staff to confirm the dates for ICANN 57 CCWG WS2 meeting ASAP * ACTION ITEM - Develop process to allocate the travel slots. * Kavouss Arasteh - The day of the meeting depends on the type of the ICANN meeting depending on A, B, C - need to consider this. * Tijani Ben Jemaa - Cannot have a CCWG meeting inside the 7 meetings for a C meeting. * Holly Gregory - description of Sidley expertise. Closing Remarks * Mathieu Weill - We need to gather all the rapporteurs to get things going. We will reach out to the rapporteurs to get a meeting date. Meeting Adjourned - Mathieu Weill Documents * CCWG 12 July Plenary.pdf<https://community.icann.org/download/attachments/59646743/CCWG%2012%20July%…>

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Re: [CCWG-ACCT] premature jurisdiction debates
by Jimson Olufuye July 13, 2016

July 13, 2016

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TR: CCWG-Accountability comment on AoI
by Mathieu Weill July 13, 2016

July 13, 2016

Dear Colleagues, As agreed during the call yesterday, below is the comment submitted regarding the Draft Restated Articles of Incorporation. Thank you all for the fruitful discussions. Best Mathieu De : Mathieu Weill [mailto:weill@afnic.fr] Envoyé : mercredi 13 juillet 2016 17:51 À : 'comments-draft-restated-articles-incorporation-27may16(a)icann.org' Cc : 'ACCT-Staff'; Thomas Rickert (thomas(a)rickert.net) León Felipe Sánchez Ambía (leonfelipe(a)sanchez.mx) Objet : CCWG-Accountability comment on AoI Dear Sam, Dear drafting team, Please find enclosed a comment on the Draft Restated Articles of Incorporation on behalf of the CCWG-Accountability. Leon Sanchez, Thomas Rickert & Mathieu Weill Co-chairs

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CCWG WS2 Next Steps
by Karen Mulberry July 12, 2016

July 12, 2016

Sent on behalf of the CCWG-Acct Co-Chairs CCWG WS2 Next Steps Now that we have outlined the WS2 workplan as part of the discussion in Helsinki, there are various areas where additional follow up will be needed as the subgroups get underway. Please note that the Subgroup sign up Google Doc will be closed as of 12 July 2016, to sign up as either an active participant or an observer in any of the Subgroups going forward please send your request to ACCT-Staff (acct-staff(a)icann.org) WS2 SUBGROUPS The following timeline was presented in Helsinki with the work divided into two approaches. Simple topics are anticipated to be short term and should be able to reach consensus quickly with a Public Comment period planned for October 2016 and the final output to be presented at the ICANN meeting in Copenhagen. The more complex topics will take longer to develop and as such will provide an update on the progress of the subgroup¹s work in Copenhagen, with the final report expected to be delivered in June 2017. An early indication from the Subgroup Rapporteurs as to whether their topic is on the simple timeline or the complex timeline would be useful so that the CCWG can plan its work to enable full participation in the subgroups of interest for each participant. Helsinki Timeline - Simple Topics Short Term June 2016: sub-groups agreed, commence work on docs for public input Aug 2016: first discussion with CCWG Sep 2016: refining work Oct 2016: CCWG agrees for public input 20 Oct-30 Nov: Public Input comment period Dec 2016: Analyze public comment staff/subgroups Jan 2017: Sub-groups refines and revises output Feb 2017: CCWG agrees final Output for consideration by community FOR ADOPTION at Copenhagen Helsinki Timeline - Complex Topics Intermediate/Long Term Jun 2016: sub-groups agreed Sep-Oct 2016: first discussion with CCWG - identifies whether and how to update community at Hyderabad Nov-Dec 2016: second discussion with CCWG (first SUBSTANTIVE) Jan 2017: refining work Feb 2017: CCWG agrees docs for public input 1 Mar to 10 Apr: Public Input comment period Apr 2017: Analyze public comment staff/subgroups May 2017: Sub-groups refines and revises output May/Jun 2017: CCWG agrees final Output for consideration by community SUBTEAM LEADERSHIP The following have indicated that they wish to be rapporteurs for WS2 topics. Diversity - Fiona Asonga, Rafik Dammak Human Rights - Niels ten Oever, Nigel Roberts, Paul McGrady Jurisdiction - Greg Shatan, Vinay Kesari Ombudsman - Sebastien Bacholet SO/AC Acct - Cheryl Langdon-Orr, Farzaneh Badii, Steve DelBianco Staff Acct. - Avri Doria Transparency - Michael Karanicolas Reviewing CEP - Ed Morris Guidelines for standards of conduct presumed to be in good faith associated with exercising removal of individual ICANN Board Directors - Lori Schulman Designated rapporteurs will need to reaffirm their time commitment, including the meeting time to work with the CCWG leadership team in preparatory and post drafting of their recommendations and reports. SUBGROUP DELIVERABLES Each subgroup is expected to deliver a report of its findings and recommendations to the CCWG Plenary for discussion and consensus. Periodic updates on the work of each subgroup will need to be provided by the Rapporteurs during CCWG Plenary sessions to track progress. The expectation is that the output reports and recommendations will look like an Annex of the Work Stream 1 report. The structure is an executive summary; a description of the issue, including the description of the current state of play and incorporation of the discussions and inputs received from the Work Stream 1 effort, the supplemental report; and a section describing the requirements for the recommendation and how the recommendation has been validated against WS1 recommendations. The report and recommendation will also need to include text to demonstrate how the subgroups recommendations are meeting what was previously known as the NTIA requirements. Each subgroup needs to be careful to demonstrate that they are conducting the due diligence needed in meeting the NTIA criteria with each and every one of its recommendations and requirements. These requirements will then be translated into specific Bylaw articles after CCWG plenary discussion and consensus and a Public Comment period has been held on the CCWG recommendations. SUBGROUP SCHEDULING Staff can support up to nine (9), one hour meeting slots per week, which will be available for the WS2 subgroup Rapporteurs to work together to select their group¹s meeting dates and times. The weekly 1-hour available slots for July and August will be as follows: three (3) slots at 05:00 UTC, three (3) slots at 13:00 UTC three (3) slots at 20:00 UTC The timing of the available slots will be reconsidered at the end of August so adjustments can be made, if necessary. However the nine (9) weekly one (1) hour slots will remain consistent in order for ICANN staff to support the work of all the subgroups with no more than three (3) slots to occur on any one day of the week. Karen Mulberry Director Multistakeholder Strategy and Strategic Initiatives ICANN

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Re: [CCWG-ACCT] [Acct-Staff] GAC Appointed Members to CCWG - Accountability
by Grace Abuhamad July 12, 2016

July 12, 2016

Thank you Tom. We acknowledge receipt and have copied this message to the full CCWG-Accountability list so that the group is made aware of the change in membership. --Grace -- Grace Abuhamad Manager, Public Policy ICANN | Internet Corporation for Assigned Names and Numbers 801 17th Street NW, Suite 400 | Washington, DC 20006 Direct: +1 202 249 7545 | Mobile: +1 310 200 7638 Interested in the IANA Stewardship Transition? LEARN MORE. STAY UPDATED. FOLLOW. ENGAGE. From: <acct-staff-bounces(a)icann.org> on behalf of Tom Dale <tom(a)acig.com.au> Date: Sunday, July 10, 2016 at 9:53 PM To: ACCT-Staff <acct-staff(a)icann.org> Cc: GACLEASDERHIP <gac-leadership(a)icann.org> Subject: [Acct-Staff] GAC Appointed Members to CCWG - Accountability Dear support staff This is to formally advise that, as noted in the GAC Helsinki Communique, the GAC has varied its appointed members under the CCWG Charter. The GAC Members are now: Kavouss Arasteh (Iran) Olga Cavalli (Argentina) Pedro Ivo Ferraz Da Silva (Brazil) Finn Petersen (Denmark) Andreea Todoran (Canada) Regards Tom Dale ACIG GAC Secretariat

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TR: CCWG - proposed legal cost control mechanisms
by Mathieu Weill July 11, 2016

July 11, 2016

Thank you Bernie, I am expanding the recipient list to the leadership. My comments on the summary, which should form the basis of a set of slides for tomorrow’s meeting In this context the CCWG is proposing the following CCWG WS2 Procurement Process for Independent Legal Counsel: • Establish a legal committee to filter, analyze and approve requests from the CCWG-Accountability WS2 to use independent legal counsel – this committee would be composed of the CCWG Co-Chairs with the participation of a representative of ICANN legal. ð Yes to legal committee. I have a different view of composition. I would say co chairs + 3-5 CCWG members or participants (same as previous legal committee). Icann Legal is a provider to this group and should participate but not be a “member”. Sidley and Adler should have the same status. ð Benefits of the committee : ensure clarity of requests + determine which legal group is best suited to respond. ð Rapporteurs of the groups presenting requests would also be invited to attend • All legal requests from WS2 sub-groups would have to be properly framed clearly indicating what the question is and why legal advice is being required before being submitted to the CCWG Legal Committee. ð Should also mention that “independent legal counsel is engaged only when a legal issue is raised and a specific answer is required to a tight and specific legal question,” ð Requests would be shared on the Legal Committee list *before* meetings so that lawyers can prepare clarifying questions and estimates. • The CCWG Legal Committee would review all such properly formulated requests on a regular basis to determine their admissibility. • If the request is admissible the CCWG Legal Committee would inquire if ICANN Legal could provide an answer to the request. If ICANN legal can provide the answer the CCWG Legal Committee will request that ICANN legal do so. ð I tried to express my concerns with that “first right of refusal” approach during the call with Icann Legal. I believe it should be the CCWG Legal Committee role to determine which firm it would go to, based on the firms skills, costs and the requirement for “independent” advice. • If ICANN legal cannot provide the answer, or the answer provided by ICANN legal is judged insufficient by the requester, the CCWG Legal Committee will identify the best external legal resources for this type of work and request a submission for this. If the CCWG Legal Committee deems a submission reasonable for the work requested, it can authorize the selected contractor to proceed with the work with the PCST handling the administration of the request for the CCWG. ð See above. I welcome any other thoughts. Best Mathieu De : Bernard Turcotte [mailto:turcotte.bernard@gmail.com] Envoyé : dimanche 10 juillet 2016 21:35 À : Thomas Rickert; Mathieu Weill; León Felipe Sánchez Ambía Objet : CCWG - proposed legal cost control mechanisms All, We know we have to get this done so here is the first formal shot at this as following on from our call with Sam this week and then further discussions I had with Thomas on this topic. Please have a look and provide your comments ASAP. The idea would be the run this by Sam on Monday if we can get agreement and then external lawyers and then wrap it up prior to the end of the month which is our deadline. Cheers. B.

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Draft agenda for CCWG-A prep meeting
by Mathieu Weill July 11, 2016

July 11, 2016

Hi all, Heres how I see the agenda for the July 12 call, for discussion during our prep at 15UTC (with apologies to Jordan and Cheryl for the ugly time). 1. Articles of Incorporation : finalize submission (I sent Holly and Rosemary a note, but Brenda can you forward them the official invite ?) 2. Appointment of rapporteurs for WS2 next steps are setting up the lists, the meetings, and kicking off 3. Legal Cost control mechanism : initial discussion (see other thread, which can be translated into a set of slides) During the prep we should also discuss the gNSO request for a webinar on Legal costs. It seems to me our group needs to close its deliberations on the issue first. Anything else ? Best, -- ***************************** Mathieu WEILL AFNIC - directeur général Tél: +33 1 39 30 83 06 <mailto:mathieu.weill@afnic.fr> mathieu.weill(a)afnic.fr Twitter : @mathieuweill *****************************

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CCWG-Accountability - Status on volunteers for rapporteurs in WS2
by Bernard Turcotte July 9, 2016

July 9, 2016

All, Please find below the current list of volunteers for rapporteurs for WS2 as collected by staff: - Diversity - Fiona Asonga, Rafik Dammak - Human Rights - Neils ten Oever, Nige l Roberts - Jurisdiction - Greg Shattan, Vinay Kesari - Ombudsman - Sebastien Bacholet - SO/AC Acct - Cheryl Langdon-Orr, Farzaneh Badii , Steve DelBianco - Staff Acct. - Avri Doria - Transparency - Michael Karanicolas - Reviewing CEP - Ed Morris - Guidelines for Standard of Board Conduct - Lori Schulman Bernard Turcotte ICANN Staff Support for the CCWG-Accountability Co-Chairs.

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