August 2016 - Accountability-Cross-Community

Additional Document attached for today's CCWG ACCT meeting
by Brenda Brewer Nov. 2, 2016

Nov. 2, 2016

Good day all, Please review the attached document "Proposed Revisions to ICANN Articles of Incorporation" which will be discussed on today's CCWG ACCT meeting @ 19:00 UTC. In preparation for your call, CCWG Accountability Meeting #95 <https://community.icann.org/x/ECOOAw> - Tuesday, 21 June @ 19:00 - 21:00 UTC. Time zone converter here<http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+Accountabilit…> Proposed Agenda: 1. Welcome, roll call, SOI (5min) 2. Articles of Incorporation (25 minutes) **see attached document 3. Budget Update (25 Minutes) **see attached document 4. Staff draft papers on WS2 Topics (15 minutes) 5. Helsinki Agenda and Status of Lightning Talks/Expressions of Interest (45 minutes) 6. AOB (5 minutes) 7. Closing Adobe Connect: https://icann.adobeconnect.com/accountability/ Also, remember to sign up for a talk on a WS2 topic during the Helsinki meeting, please go to the following Google doc and indicate which topic you have are interest in speaking on: https://docs.google.com/document/d/1qWnvDG_qCr6lLvXRo_e3NYp6DalnBokHP5wAbAX… And, to sign up for WS2 topic groups, please see google doc here: https://docs.google.com/document/d/1Iw5yn9GRk8RcnTJzclwB-JuSe3B6JugEj_0oGOC… Thank you! With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN- Internet Corporation for Assigned Names and Numbers

9 8

New ICANN Bylaws
by Hillary Jett Sept. 22, 2016

Sept. 22, 2016

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 of the new ICANN Bylaws, which reflect changes made as a result of the IANA Stewardship Transition package of proposals. 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 Commerce’s 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 NTIA’s 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

11 11

Notes, recordings, transcript for CCWG ACCT Meeting #4_30 August
by MSSI Secretariat Aug. 30, 2016

Aug. 30, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Meeting #4 - 30 August 2016 will be available here: https://community.icann.org/x/5xGbAw 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 Notes Update on ATRT Implementation - Larisa Gurnick / Avri Doria Updates Travel Support/Budget - Bernard Turcotte * Kavouss Arasteh: Is the return for the 9th or 10th if there is work going on the 9th? to be clarified by staff. Action Item. Staff to confirm if there are sessions attendees need to be at on November 9th or if they can leave on the 9th. Status of remaining Staff Papers Update - Karen Mulberry Status of WS2 Subgroups * Steve DelBianco: (presents slides on this) * Steve DelBianco [GNSO - CSG]: SOAC Acct draft is athttps://docs.google.com/document/d/1WTRZZJ9B3Q6BHP6AlDHmoiep8NeshNpomBNM4… * Kavouss Arasteh: Is this Mutual Accountability too much detail for this meeting. * Farzaneh Badii: This is the mandate but the questions presented by SDB are the ones which need answers. * Steve DelBianco: Participants should provide us with input on this. * Kavouss Arasteh: I have submitted dozens of questions to the group which need to be answered otherwise it may not be productive to discuss some thing on abstract * Avri Doria: There is no group which includes all possible stakeholders. However, each group has mechanisms for obtaining input from others. * Mathieu Weill: As a ccNSO appointed member - I can assume with quite a bit of assurance that the ccNSO is not expecting that it be required to be more accountable to the community. Unless we get a clear signal from all chartering organizations this should not be part of the scope for this group. * Kavouss Arasteh: We should not go too deeply into theory, implementing such things is very hard and we need to limit ourselves to things which can be implemented - especially mutual accountability. * Sebastien Bachollet: Important to allow the group to do its work to help get better accountability for SOACs. * Steve DelBianco [GNSO - CSG]: Our charter is to "review and develop" any "improved processes" for SOAC accountability. As Farzi said, we have to address this, Kavouss * Kavouss Arasteh: Until we do not have a clear idea on how the issue will be implemented it is waste of time to go to too much theory * Sebastien Bachollet: (presentation of slides). No questions or comments. ICANN 57 Hyderabad Face-to-Face meeting proposal - Co-Chairs - Thomas Rickert * Sebastien Bachollet: Good proposal. * Steve DelBianco: We need to prepare our questions properly to get the input we need - we need to focus on key questions. * Avri Doria: Steve is right, we need reports prior to the meeting but it does provide good opportunity for discussing key issues. * Thomas Rickert: Does this mean we should invite other members of the community? * Avri Doria: this would be good, but if not steeped in this the morning session would be best. * Kavouss Arasteh: We need to prepare properly so the time is not wasted - we need to work on hard issues. * Thomas Rickert: Agree and we will if people support this format. General support for the porposed format. AOB * Kavouss Arasteh: each group should prepare a progress report for ICANN 57. Groups have to listen to everyone especially with respect to Mutual Accountability. * Cheryl Langdon Orr: SOAC co-rapporteurs are doing a good job looking at what needs to be done. * Thomas Rickert: Adjourned. Next CCWG Plenary meeting - 13 September 1300 UTC Action Items: * Staff to confirm if there are sessions attendees need to be at on November 9th or if they can leave on the 9th. Documents * v2 CCWG-WS2-PleanryAgenda-30Aug2016 FINAL.pdf<https://community.icann.org/download/attachments/60494311/v2%20CCWG-WS2-Ple…>

1 0

CCWG Plenary agenda for 30 August 0500 UTC
by Karen Mulberry Aug. 30, 2016

Aug. 30, 2016

On behalf of the Co-Chairs here is the CCWG proposed Plenary agenda for 30 August 0500 UTC. > CCWG Plenary Draft Agenda > > Update on ATRT Implementation Avri / Larisa Gurnick > Update on Travel to ICANN 57 Hyderabad and budget update Bernie > Turcotte > Status of remaining Staff Papers Update Karen Mulberry > Issues for the Plenary discussion from WS2 Subgroups Rapporteurs > - SO/AC Accountability > - Ombudsman > Discussion of ICANN 57 Hyderabad Face-to-Face meeting plans - > CoChairs > - Morning session full plenary > - Afternoon session 2 to 3 subgroups to meet with Plenary for disucssion > > Next CCWG Plenary meeting 13 September 1300 UTC > Karen Mulberry Multistakeholder Strategy and Strategic Initiatives ICANN

3 2

Re: [CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update
by Phil Corwin Aug. 29, 2016

Aug. 29, 2016

If the contract non-disclosure clause indeed violates IRS disclosure requirements then how could ICANN legal agree to it? Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: Ken Stubbs [mailto:kstubbs@afilias.info] Sent: Wednesday, July 20, 2016 11:37 AM To: Paul Rosenzweig; 'Marilyn Cade'; Phil Corwin; 'Schaefer, Brett'; 'Xavier J. Calvez' Cc: cwg-stewardship(a)icann.org; 'CCWG-Accountability'; icann-board(a)icann.org; 'Executive Team'; 'COMMS Team'; community-finance(a)icann.org; 'Finance Staff' Subject: Re: [community-finance] [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I believe Lori is correct here. IRS requirements on disclosures are usually quite specific here Ken Stubbs On 7/20/16 10:32, Lori Schulman wrote: I don't believe that 501(c)3 orgs can consider any consulting fees confidential as the top fees are required to be reported on the 990. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Wednesday, July 20, 2016 10:16 AM To: 'Marilyn Cade' <marilynscade(a)hotmail.com><mailto:marilynscade@hotmail.com>; 'Phil Corwin' <psc(a)vlaw-dc.com><mailto:psc@vlaw-dc.com>; 'Schaefer, Brett' <brett.schaefer(a)heritage.org><mailto:brett.schaefer@heritage.org>; 'Xavier J. Calvez' <xavier.calvez(a)icann.org><mailto:xavier.calvez@icann.org> Cc: cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; 'CCWG-Accountability' <accountability-cross-community(a)icann.org><mailto:accountability-cross-community@icann.org>; icann-board(a)icann.org<mailto:icann-board@icann.org>; 'Executive Team' <executive-team(a)icann.org><mailto:executive-team@icann.org>; 'COMMS Team' <commsteam(a)icann.org><mailto:commsteam@icann.org>; community-finance(a)icann.org<mailto:community-finance@icann.org>; 'Finance Staff' <finance-staff(a)icann.org><mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I agree completely with Marilyn and Phil. I have been on both sides of non-disclosure agreements - both ones requested by me and ones requested by my clients. Typically, a client (in the position of ICANN) may request that a consultant sign an NDA so as to protect the confidentiality of its efforts or its intellectual property. Sometimes a consultant might have a proprietary methodology or process that they are using on behalf of the client that they wish to protect. Neither circumstance applies here that I can see. And in no case that I am aware of has a client ever asked me to keep confidential my fee ... I don't broadcast them, but I'm in the private sector. For ICANN, which is an NGO acting in the global public interest, I cannot see any reason at all why ICANN would want or agree to a confidentiality arrangement as to the size of the fee paid. Xavier - can you tell us what the rationale is? I may be missing something ..... Thanks Paul Paul Rosenzweig paul.rosenzweig(a)redbranchconsulting.com<mailto:paul.rosenzweig@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 www.redbranchconsulting.com<http://www.redbranchconsulting.com/> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/ From: accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Marilyn Cade Sent: Wednesday, July 20, 2016 9:05 AM To: Phil Corwin <psc(a)vlaw-dc.com<mailto:psc@vlaw-dc.com>>; Schaefer, Brett <brett.schaefer(a)heritage.org<mailto:brett.schaefer@heritage.org>>; Xavier J. Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>> Cc: cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>>; icann-board(a)icann.org<mailto:icann-board@icann.org>; Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>; COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>; community-finance(a)icann.org<mailto:community-finance@icann.org>; Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update I support Phil's clarifying explanation. I also think that anyone who is in this category, should have to declare if they re also representing companies in a SO/AC. Or advising governments. In the BC, we do not allow an ICANN consultant to be a BC member, regardless of the amount, but if someone is a backdoor advisor to ICANN and also a group of entities, in a SO/AC, that would not be so obvious, but I think that for integrity sake, of course, any such entity would recuse themselves from advising companies, while also advising ICANN. And I would expect ICANN to disqualify such entities as their consultants. Thanks, Phil, for this useful clarification. M ________________________________ From: psc(a)vlaw-dc.com<mailto:psc@vlaw-dc.com> To: Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>; xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org> Date: Wed, 20 Jul 2016 00:48:08 +0000 CC: cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>; icann-board(a)icann.org<mailto:icann-board@icann.org>; executive-team(a)icann.org<mailto:executive-team@icann.org>; commsteam(a)icann.org<mailto:commsteam@icann.org>; community-finance(a)icann.org<mailto:community-finance@icann.org>; finance-staff(a)icann.org<mailto:finance-staff@icann.org> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update In the U.S. much of what used to be done by registered lobbyists is now performed by "strategic advisors" who walk right up to the line of what constitutes lobbying (and maybe a few inches over), and nonetheless facilitate door opening to key members of Congress and the Executive branch, and who "educate" rather than "lobby" members of both branches of government. So while the seven firms may not be engaged in what is considered lobbying under current U.S. law, they are still likely engaged in helping to assure officials outcomes desired by ICANN corporate. It is for that reason - as well as for the exercise of effective oversight over ICANN budgeting and expenditures - that the community should have more data on this. If ICANN is prohibited by its contracts with these firms from disclosing its expenditures that is unfortunate - and in the future I would hope that ICANN would tell any firms being considered for such duties that its own transparency obligations to the community preclude it from agreeing to such restrictions (I'd wager that the majority of the firms would waive confidentiality rather than lose the contract). At a minimum, ICANN should disclose the aggregate amounts spent with these seven firms since they were engaged - surely their contracts don't bar such aggregate reporting. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Schaefer, Brett Sent: Tuesday, July 19, 2016 1:04 PM To: Xavier J. Calvez Cc: cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; icann-board(a)icann.org<mailto:icann-board@icann.org>; Executive Team; COMMS Team; community-finance(a)icann.org<mailto:community-finance@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Are you saying that ICANN's contracts for Education/Engagement/Advice with (1) Albright Stonebridge Group LLC, (2) Edelman, (3) Interface Media, (4) Rice Hadley Gates LLC, (5) Summit Strategies International LLC, (6) WBC Global, and (7) Wiley Rein LLP each contain confidentiality provisions that prohibit ICANN from disclosing the specific amount paid to each of these individual vendors? Does this only apply to the CCWG and the public or does it also apply to other parts of the ICANN community, specifically the Supporting Organizations and Advisory Committees? Thank you for the link on lobbying disclosures. For those who are interested, here are ICANN's lobbying expenditures based on the disclosure website of the U.S. Congress. [cid:image001.png@01D1E27F.24BC9E00] I do have a couple of additional questions. Would this source capture lobbying exclusively directed toward the US Executive Branch? Has ICANN spent any funds during this period lobbying governments other than the US? Thank you, Brett ________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Monday, July 18, 2016 6:30 PM To: Schaefer, Brett Cc: community-finance(a)icann.org<mailto:community-finance@icann.org>; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability; Executive Team; COMMS Team; icann-board(a)icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Yes, the information I provided in my latest email had been included in some previous communication. I just wanted to make sure you had a clear visibility on this information, which provides for (i) categories of expenses, (ii) the individual names of the vendors grouped for each category, and (iii) the total value of the expenses for each category. With respect to the contractual obligations of confidentiality in commercial contracts, ICANN is subject to them, like all business organizations. That said, we disclose what we can consistent with standard business confidentiality provisions in vendor contracts. We cannot disclose the specific amount of spend with each vendor but we were able to disclose the names of the service providers engaged. Regarding the lobbying expenses, as you are aware, both organizations that hire lobbyists and firms that lobby on behalf of organizations are required under U.S. federal law to file lobbying disclosure reports. In addition to ICANN's quarterly lobbying disclosures posted on our website, you can find the amounts ICANN has paid to individual outside lobbying firms at http://disclosures.house.gov/ld/ldsearch.aspx. I hope this helps and clarifies. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Thursday, July 14, 2016 at 7:07 AM To: Xavier Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>> Cc: "community-finance(a)icann.org<mailto:community-finance@icann.org>" <community-finance(a)icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>>, Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>, "icann-board(a)icann.org<mailto:icann-board@icann.org>" <icann-board(a)icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, This is pretty much the same information that was provided before. I am asking for a breakdown of how much was paid to each vender in the lobbying category (Akin Gump, etc.) and the education/engagement/advice category (Albright Stoneridge, etc.). Thank you, Brett On Jul 13, 2016, at 8:13 PM, Xavier J. Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>> wrote: Dear Brett, In response to your question listed below on 22 June: the detailed information provided on Other professional fees (other than legal fees, detailed in a separate section of the "Transition project cost" expense webpage, on the IANA Stewardship Transition webpage) can be found in the section called "Professional Services - Expenses Breakdown". Within this section, you will find a link to a document that provides the list of Professional Services (other than legal fees) incurred, by category, with the names of the vendors, and the total amount of expenditures for the category. This link is copied below and was provided in my first answer to your question. I have also attached the file to which this link refers in case the link would not work for you. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe… If this not addressing your question, please let me know. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 ________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Xavier Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>> Date: Tuesday, July 12, 2016 at 9:45 AM To: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance(a)icann.org<mailto:community-finance@icann.org>" <community-finance(a)icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>, "icann-board(a)icann.org<mailto:icann-board@icann.org>" <icann-board(a)icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Brett, Thank you for following up. I will make sure to respond no later than the end of this week. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, July 12, 2016 at 11:38 AM To: Xavier Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>>, "community-finance(a)icann.org<mailto:community-finance@icann.org>" <community-finance(a)icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>, "icann-board(a)icann.org<mailto:icann-board@icann.org>" <icann-board(a)icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thanks for promising to get this information to me in Helsinki. Do you have an estimate for when it will be provided? Thanks, Brett ________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: Schaefer, Brett Sent: Wednesday, June 22, 2016 2:39 PM To: 'Xavier J. Calvez'; community-finance(a)icann.org<mailto:community-finance@icann.org>; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, I appreciate the detailed breakdown on the legal fees That is indeed what I was looking for though I would think it useful to have the totals provided in the summary document. However, I did not see similar information for lobbying or education/ engagement/advice in the links provided. In fact, the only specific information that I saw listed is for Jamie Hedlund at $200,000. No information on other individual firms or vendors is listed at all - only the top line budget expenditure in the summary document link originally sent around. Could you provide that information? Thanks, Brett From: Xavier J. Calvez [mailto:xavier.calvez@icann.org] Sent: Wednesday, June 22, 2016 10:43 AM To: Schaefer, Brett; community-finance(a)icann.org<mailto:community-finance@icann.org>; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, It appears that the first link in my email further below (detail of legal fees by firm) does not resolve correctly. Please use the below instead. https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal… Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: Xavier Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>> Date: Wednesday, June 22, 2016 at 1:01 PM To: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>>, "community-finance(a)icann.org<mailto:community-finance@icann.org>" <community-finance(a)icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>, "icann-board(a)icann.org<mailto:icann-board@icann.org>" <icann-board(a)icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: Re: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear Brett, Thank you for your interest and question. We currently publish the list of all vendors from whom ICANN obtain services in relation to the IANA Stewardship transition. The $$ value of the services received is aggregated by category of expenses, which you mention below (US Government affairs, Education/engagement/advice,...). This presentation is driven by 2 factors: providing clarity as to the type of services received, and abiding by the contractual obligation of confidentiality in force with each of the vendors (resulting from standard business sensitive information). We do publish however the detail of the legal advice, by firm and by working group, on this same page (see for example the link to the report of fees by firm: https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal…)<https://www.icann.org/en/system/files/files/iana-stewardship-expenses-legal…>. You will also find more information relative to ICANN's lobbying in the following blog published a few months ago. In this blog, you will also find links to the disclosure reports that ICANN makes on lobbying activities. https://www.icann.org/resources/pages/lobbying-disclosures-contributions-20…. Lastly, further information on lobbying appears in ICANN's form 990 (Schedule C, Part II-B. On page 33/73 of the FY15 form 990 published at the following link): https://www.icann.org/en/system/files/files/fy-2015-form-990-10may16-en.pdf I hope this helps. Please let me know if you have further questions. Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 From: "Schaefer, Brett" <Brett.Schaefer(a)heritage.org<mailto:Brett.Schaefer@heritage.org>> Date: Tuesday, June 21, 2016 at 9:54 PM To: Xavier Calvez <xavier.calvez(a)icann.org<mailto:xavier.calvez@icann.org>>, "community-finance(a)icann.org<mailto:community-finance@icann.org>" <community-finance(a)icann.org<mailto:community-finance@icann.org>>, "cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>" <cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>>, CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Cc: Executive Team <executive-team(a)icann.org<mailto:executive-team@icann.org>>, COMMS Team <commsteam(a)icann.org<mailto:commsteam@icann.org>>, "icann-board(a)icann.org<mailto:icann-board@icann.org>" <icann-board(a)icann.org<mailto:icann-board@icann.org>>, Finance Staff <finance-staff(a)icann.org<mailto:finance-staff@icann.org>> Subject: RE: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Xavier, Thank you. Could you please provide a more detailed breakdown of legal advice, US government affairs, and educations/engagement/advice? In each category, there are multiple firms/vendors listed (https://www.icann.org/en/system/files/files/iana-stewardship-expenses-profe…) I would appreciate the amount provided to each individual vendor. If it is provided somewhere, I would appreciate you letting me know where to find it. Much appreciated, Brett ________________________________ Brett Schaefer Jay Kingham Senior Research Fellow in International Regulatory Affairs Margaret Thatcher Center for Freedom Davis Institute for National Security and Foreign Policy The Heritage Foundation 214 Massachusetts Avenue, NE Washington, DC 20002 202-608-6097 heritage.org<http://heritage.org/> From: accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Xavier J. Calvez Sent: Saturday, June 18, 2016 12:10 AM To: community-finance(a)icann.org<mailto:community-finance@icann.org>; cwg-stewardship(a)icann.org<mailto:cwg-stewardship@icann.org>; CCWG-Accountability Cc: Executive Team; COMMS Team; icann-board(a)icann.org<mailto:icann-board@icann.org>; Finance Staff Subject: [CCWG-ACCT] IANA Stewardship Transition - Project Expenses - FY16 Q3 update Dear all, You find at the link below the updated project's expenses as of FY16 Q3 (from July 2014 to March 2016). As indicated a few months ago, we have added new detailed information on the staff support with the individual positions, names and percentages of effort over the period. https://www.icann.org/resources/pages/iana-stewardship-project-costs Thank you. Best, Xavier Xavier Calvez ICANN CFO 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 Office : +1 (310) 301 5838 Mobile : +1 (805) 312 0052 Fax : +1 (310) 957-2348 <iana-stewardship-expenses-professional-vendor-01jun16-en.pdf> _______________________________________________ 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 _______________________________________________ community-finance mailing list community-finance(a)icann.org<mailto:community-finance@icann.org> https://mm.icann.org/mailman/listinfo/community-finance

25 80

Notes, recordings, transcripts of WS2 Jurisdiction Subgroup Meeting #1_26 August
by Brenda Brewer Aug. 29, 2016

Aug. 29, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #1 - 26 August 2016 will be available here: https://community.icann.org/x/BRKsAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes Welcome (Greg Shatan) Meeting Time * Greg Shatan: * One 1-hour meeting per week * Doodle poll results considered, but not dispositive * Proposal: Balanced rotation * Alternating meetings at 1900 and 1300 * No objections for the moment - we can revisit at a later date. Working Methods * Vinay Kesari: (presentation of the slide) * Kavouss Arasteh: Not happy with 1900UTC slot. * Milton Mueller: do we really need to meet once per week? * Greg Shatan: Seems optional. Timeline * Greg Shatan: (presentation of slide). We have a complex topic and will not be completed in the short term. Work Plan and Schedule Overview * Greg Shatan: (presentation of slide) - Should be presenting final product to the CCWG in February. * Vinay Kesari: Hi Jeff, we didn't want to assume everyone was familiar since it's entirely possible there are participants who are new to the process as a whole * David McAuley (RySG): We need to discuss process - it seems fair when the whole group is together and a good place to start. We have a general guide in WS1 final report. * Matthew Shears: I see this as a necessary first step - as Vinay says not everyone may have had the "benefit" of participating in the CCWGs etc. * Milton Mueller: "no plan, no guidelines, no vision. perhaps it is planned to do nothing" - join the nihilist caucus! * Kavouss Arasteh: We are not on the same page. Greg suggesting or submitting his own views without consulting us. Discussion Items * Staff Paper * Greg Shatan: will skip given we cannot present it and we started late because of the technical issues. * Topic Definition and Scope * Kavouss Arasteh: timing issues * David McAuley: We should get suggestions on a work plan for the next month. * Paul McGrady: echo DM. * Milton Mueller: Cannot understand some people's issues with the staff paper. Can we get some insight here? * Greg Shatan: For all those who have not please have a look at the google doc to have discussions on the list.https://docs.google.com/document/d/1jt6Rb5UjzNwd5WXZ0Bt1W5ryiiQ-lB690v… * Other Inputs (aside from Staff Paper) * (not covered) * Work Plan, Schedule, Deliverable * Greg Shatan: Next call will be September 8th 1300UTC. * AOB * Greg Shatan: Adjourned.

1 0

Notes, recordings, transcript for WS2 Ombudsman Subgroup Meeting #4_29 August
by MSSI Secretariat Aug. 29, 2016

Aug. 29, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Ombudsman Subgroup Meeting #4 – 29 August 2016 will be available here: https://community.icann.org/x/qhGsAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes Call Admin and Roll Call / Apologies · Sebastein Bachollet: Welcome to meeting # 4. 5 participants. • Welcome – Opening Remarks – Meeting schedule • Discuss / document (Sebastien Bachollet - presentation of slides as per below headers) – Background for Ombuds Office in WS2 - 1 – Dependencies between the sub-groups - 2 · · Asha Hemrajani: when do we expect reports from the liaisons? SB: nothing so far. · Avri Doria: As one of those liaisons is more AS REQUIRED in a bidirecttional mode vs scheduled based. · Asha Hemrajani: was looking more for a checkpoint to ensure we are prepared for major events such as Hyderabad. · Avri Doria: could even include a liaison slot in each meeting just to check if there is anything. · Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group. – Stress Tests - 3 – Current role of the ICANN Ombuds Office - 4 · · Herb Waye: Could not find a reference to the Ombuds in the posted PTI Bylaws. May not be required - it should automatically come to the ICANN Ombuds. · Sebastien Bachollet: Would it really work like this? I will add the HW comment in the Google doc. – Evaluation - 5 · · Sebastien Bachollet: Introduction to the table for this. · Avri Doria: A question: while the recommendations of the ombuds are not decisions, are the facts of the case provided by the ombudsman given any sort of status. · Chris LaHatte: I don't believe they have any more than a recommendation. · Sebastien Bachollet: this part 5 of the document will require a dedicated call. – Various types of Ombudsman roles - 6 – Challenges - 7 – Recommendation - 8 – Additional role for the Ombuds Office? -9 · · Herb Waye: Have rarely seen the role expand like this. There are some cases where the Ombuds can be a Champion for various activities such as Diversity or Ethics or Human Rights. · Asha Hemrajani: How do we see the Ombuds being the mediator of disputes in the organization. Re Champions - need to think more about this - unclear how we could formalize this but would be ok with Champions as an informal role. · Chris LaHatte: The role of the Ombuds is not formally defined or very broad and as such it is probably more important to have everyone understand that the Ombuds is there to mediate all sorts of disputes. · Asha Hemrajani: In Singapore I am a court appointed mediator - settlements are confidential but are binding. As such if an Ombuds would act as this type of mediator what would be the nature fo the recommendation. · Chris LaHatte: if the Ombuds does mediate to an agreement, that agreement is not a recommendation, but a contract between the parties. · Chris LaHatte: that is an interesting issue of jurisdiction · Asha Hemrajani: In the court sanctioned mediation, that is a very easy question to answer... · Asha Hemrajani: ok so we have one question to our jurisdiction liaison · Chris LaHatte: not at all easy except that a contract can usually be enforced, but in what jurisdiction? · Herb Waye: Asha do you see us having a role in something like the Cooperative Engagement Process as mediator for instance? · Avri Doria: i.e. do those who are being mediate between asked to sign a contract? · Chris LaHatte: Avri, yes · Asha Hemrajani: In a court mediation yes Avri. but in the mediations I am involved in, contract signing is done at end of mediation, at the setllement time, not at the beginning of the mediation – Interaction - 10 – Communication & Relationship - 11 – Trust - 12 – Advice - 13 – Conclusion -14 • Next Meeting · Tuesday September 6th 1300UTC. • AOB · Sebatien Bachollet: I will give a report on our work to the full CCWG group. Adjourned. Action Items · Sebastien Bachollet: ACTION ITEM - check dependencies at each meeting of this group.

1 0

Re: [CCWG-ACCT] CCWG ACCT Meeting | 05:00 UTC | Tuesday, 30 August
by Kavouss Arasteh Aug. 28, 2016

Aug. 28, 2016

Dear Co-Chairs I hope you all are well and have had a pleasant and restful vocations and staring the work dynamically and full power Based on your earlier proposal it was agreed that nine specific working groups be established to study and prepare draft Recommendation for consideration and approval of CCWG. These working groups have initiated studies as briefly outlined in earlier meeting of CCWG, hereinafter called “CCWG Plenary” I understand that that, according to the published schedule, you three and perhaps other ICANN people, tomorrow ,Monday, 29 August would have a” Leadership Preparatory Meeting “with a view to prepare, among other things, the agenda of the next CCWG Plenary. As I remember , during CCWG WS1, at every CCWG Plenary , among other things , you asked each of the two working group to provide a brief oral report accompanied with supporting materials for discussion and approval, where, appropriate. For Tuesday Plenary I suggest the following for inclusion in the Agenda: Item X Brief report of the working group submitted by one of the co-chairs, co-Rapporteur (to be agreed in each group before Plenary, supported by written material including (very short progress report) including the schedule of work and associated time management. Some, if not all of these groups, have provided some draft schedule of work and time management to their corresponding group which have been merely presented but not fully discussed and agreed upon .However, the broad timeframe and time managements of each of these 9 groups must be discussed and agreed by the parent group ( CCWG Plenary ). Item Y Brief Report of the Chair of IOT on the progress already supported by written material including the schedule of work and associated time management. To this effect, questions raised by Malcolm to the chair of IOT SHOULD BE ANSWERED BEFORE BY Beckie and be included in the progress Report Item Z Any required action to be taken by CCWG Plenary on items X and Y questions raised by Malcolm are reproduced below for ease of refernce Quote i) To whom is this committee reporting? To the Board, or to the CCWG? ii) Will this committee produce a written draft recommended set of rules of procedures? If not, a) who will? b) what will we produce to direct that person/entity? iii) Will this committee produce a narrative statement in support of its recommendations? iv) Will members of this committee have an opportunity to provide an accompanying statement, either dissenting on individual points or on the recommendations as a whole, as was offered to CCWG members on the CCWG Report? If I recall correctly, the draft rules of procedure must be published by the Board for public comment before adoption - but I may be mistaken about that. FWIW, I hope the answers to questions (ii) to (iv) is yes, yes and yes. Unquote Regards Kavouss 2016-08-22 21:45 GMT+02:00 MSSI Secretariat <mssi-secretariat(a)icann.org>: > *CCWG Accountability Meeting* on Tuesday, 30 August at 05:00 – 07:00 > UTC. Time zone converter *here* > <http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+Accountabilit…> > > *Adobe Connect: **https://icann.adobeconnect.com/accountability/ * > <https://icann.adobeconnect.com/accountability/> > > The dial-in details are below - *please let **acct-staff(a)icann.org* > <acct-staff(a)icann.org> *know if you require a dial-out.* > _______________________________________________________________ > Participant passcode: *CCWG ACCT* > > For security reasons, the passcode will be required to join the call. > _______________________________________________________________ > > Dial in numbers: > *COUNTRY* *Number* *Toll Free Number* > ARGENTINA 0800-777-0519 > AUSTRALIA ADELAIDE 61-8-8121-4842 1-800-657-260 > AUSTRALIA BRISBANE 61-7-3102-0944 1-800-657-260 > AUSTRALIA CANBERRA 61-2-6100-1944 1-800-657-260 > AUSTRALIA MELBOURNE 61-3-9010-7713 1-800-657-260 > AUSTRALIA PERTH 61-8-9467-5223 1-800-657-260 > AUSTRALIA SYDNEY 61-2-8205-8129 1-800-657-260 > AUSTRIA 43-1-92-81-113 0800-005-259 > BELGIUM 32-2-400-9861 0800-3-8795 > BRAZIL 0800-7610651 > CHILE 1230-020-2863 > CHINA CHINA – A 86-400-810-4789 10800-712-1670 > CHINA CHINA – B 86-400-810-4789 10800-120-1670 > COLOMBIA 01800-9-156474 > CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 > DENMARK 45-7014-0284 8088-8324 > ESTONIA 800-011-1093 > FINLAND Land Line 106-33-203 0-800-9-14610 > FINLAND Mobile 09-106-33-203 0-800-9-14610 > FRANCE LYON 33-4-26-69-12-85 080-511-1496 > FRANCE MARSEILLE 33-4-86-06-00-85 080-511-1496 > FRANCE PARIS 33-1-70-70-60-72 080-511-1496 > GERMANY 49-69-2222-20362 0800-664-4247 > GREECE 30-80-1-100-0687 00800-12-7312 > HONG KONG 852-3001-3863 800-962-856 > HUNGARY 06-800-12755 > INDIA 000-800-852-1268 > INDONESIA 001-803-011-3982 > IRELAND 353-1-246-7646 1800-992-368 > ISRAEL 1-80-9216162 > ITALY 39-02-3600-6007 800-986-383 > JAPAN OSAKA 81-6-7739-4799 0066-33-132439 > JAPAN TOKYO 81-3-5539-5191 0066-33-132439 > LATVIA 8000-3185 > LUXEMBOURG 352-27-000-1364 > MALAYSIA 1-800-81-3065 > MEXICO 001-866-376-9696 > NETHERLANDS 31-20-718-8588 0800-023-4378 > NEW ZEALAND 64-9-970-4771 0800-447-722 > NORWAY 47-21-590-062 800-15157 > PANAMA 001-800-5072065 > PERU 0800-53713 > PHILIPPINES 63-2-858-3716 > POLAND 00-800-1212572 > PORTUGAL 8008-14052 > RUSSIA 8-10-8002-0144011 > SINGAPORE 65-6883-9230 800-120-4663 > SLOVAK REPUBLIC 421-2-322-422-25 > SOUTH AFRICA 080-09-80414 > SOUTH KOREA 82-2-6744-1083 00798-14800-7352 > SPAIN 34-91-414-25-33 800-300-053 > SWEDEN 46-8-566-19-348 0200-884-622 > SWITZERLAND 41-44-580-6398 0800-120-032 > TAIWAN 886-2-2795-7379 00801-137-797 > THAILAND 001-800-1206-66056 > UNITED KINGDOM BIRMINGHAM 44-121-210-9025 0808-238-6029 > UNITED KINGDOM GLASGOW 44-141-202-3225 0808-238-6029 > UNITED KINGDOM LEEDS 44-113-301-2125 0808-238-6029 > UNITED KINGDOM LONDON 44-20-7108-6370 0808-238-6029 > UNITED KINGDOM MANCHESTER 44-161-601-1425 0808-238-6029 > URUGUAY 000-413-598-3421 > USA 1-517-345-9004 866-692-5726 > VENEZUELA 0800-1-00-3702 > > > > >

1 0

Notes, recordings, transcript for WS2 SO/AC Accountability Meeting #4 - 25 August
by MSSI Secretariat Aug. 25, 2016

Aug. 25, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 SO/AC Accountability Subgroup Meeting #4 – 25 August 2016 will be available here: https://community.icann.org/x/OA6sAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes Farzaneh - Review of what was discussed on last call - one was the problem statement so that the groups is clear as to what is being worked, include to whom the SO/AC is accountable to. Changes and updates and notes in the Google doc. Steve - review of the changes made to the draft document to include comments that have been submitted on the list.. Added a new table on the organizational reviews the covers details from the AoC and bylaws. Discussion - Kavouss raised concern with SO/AC accountability and what is being addressed by the group. Response the new table shows the SO/ACs and to whom they are accountable. Every 5 yrs every SO/AC with the exception of the GAC must undergo a reivew according to the bylaws, this has been required for 16 yrs. Looking at accountability and to whom the group is accountable, not just the executive team. Accountable to the concept of Users.. Questioned the use of the term accountability, as no problem with the use of the term review as its important to improve, but improvement is not accountability. Greg - Question raised who decides who the SO/Acs are accountable to? Need to figure out what the accountability vectors are. Farzaneh - Pointed noted the text in the draft Google.doc that covers to whom the SO/ACs are accountable. Steve - certainly within scope to furthe3r fresh out the terms and what they mean - effectiveness and accountable. Suggested some ways - can look at participation diversity, group accessible, esp. to newcomers, interest and decisions made ex. was the decision truly representative of those who did not show up.. Reviews have not defined effectiveness and accountability and it might be useful to define these terms for the bylaws. Alan - Bylaws say review should verify if the organization is accountability to its stakeholders, words added in the new bylaws. Need to make sure that reviews in the future include accountability. Ground rules are different depending on the SO/AC, GAC construct different that other SO/ACs as they are not accountable to every government. Need to be aware that each group may be different when considering accountability and to whom. Accountable to the global group is new.. Each group is responsible for being accountable for specific interests. Cheryl - noted the first ALAC review looked at the structure of the organization and balanced of representation by 15 person group, based on regional representation. Also looked at activities - structure of community, regional organizations, and Council representatives. Note proposal by Mathew in chat - perhaps we can look at this more linearly - what do we mean by accountability, how do the existing SOs and ACs address accountability, how through the various reviews has this changed over time, etc. Proposal - to highlight areas in document for comments. Steve - word effectiveness has been part of bylaws for sometime, but not defined. Use of the term appears to be in the context that the word was used and bu the specific SO/AC that it was noted.. Ex look at how effectiveness was used for/by GNSO in its reviews. May also look at accountability Alan - may need to add disclaimer to document as need to be clear as to how using the term accountable as it may not be the same for each SO/AC. Need to define what we mean by it to move ahead. Farzaneh - For effectiveness, considered measuring two items., representation and outreach Noted chat from Matthew Shears: we then need an accepted set of criteria that could be used to measure accountability of the SOs and ACs - appropriately tailored to the ICANN space - we are jumping the gun by having discussions of representation. such a topic has to be measured against something and the AC/SOs performance - but we need criteria first Google doc for editing and contributions is located at https://docs.google.com/document/d/1WTRZZJ9B3Q6BHP6AlDHmoiep8NeshNpomBNM4bB…

1 0

Notes, recordings, transcript for WS2 Human Resources Subgroup Meeting #2 - 23 August
by MSSI Secretariat Aug. 23, 2016

Aug. 23, 2016

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Human Resources Subgroup Meeting #2 - 23 August 2016 will be available here: https://community.icann.org/x/DgKsAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer MSSI Projects & Operations Assistant ICANN - Internet Corporation for Assigned Names and Numbers Notes 1. Administrivia 2. Discussion on: the Summary on what was agreed and discussed on human rights during WS1 [0] https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNM… * Tatiana and Greg walk through of the first Google document - Summary of WS1 (WP4) discussion on Human Rights 1st draft * Greg Shatan: ICANN will enforce their contracts -- but I don't believe there are requirements relating to human rights (beyond "applicable law' provisions). * Nigel: Disagree. Because human rights conventions are not applicable to ICANN as it's not a state actor * jorge cancio (GAC Switzerland): as for the meaning and effect of article 4 about international law and HR: perhaps an analysis of IRP decisions (and maybe other instances as well) could be warranted, in order to have a clear picture as to what extent HR (based on current article 4 of the Articles of Incorporation) have already been applied? * Anne Aikman-Scalese (IPC): Ruggie principles state that business (ie. ICANN) should "not contribute to" human rights abuses. (See page 21.) Of course for some, this may conflict with what they see as their free speech rights. For example, the Hague Criminal Court had testimony yesterday from the perpetrator of crimes of destruction of cultural property in Mali. This destruction resulted from ISIL occupation and its statement against the culture in Mali that it viewed as heretical. These videos are accessible on certain Internet sites. If ICANN permits sites to be used to show destruction of cultural property - or in a more extreme case, to permit authorized Internet urls to be used to display beheadings, is ICANN contributing to human rights violations and failing to respect Human Rights? * Niels ten Oever 2: Hi Anne - I think representation on an act and an act is a very different thing. * Nigel: Moreover, respect for human rihghts involve a positive oblgation to carry out the balancing act between several rights that are engaged. * Nigel: e.g. free expression versus right to property * David McAuley: In WS1 we agreed to punt on enforcement. * Anne Aikman-Scalese (IPC): @Niels -I am not sure what you mean by "representation on an act". But I agree that respecting Human Rights necessarily involves a balancing act. It may also be case-by-case. * Tatiana Tropina: I think what we are discussing now is actually the FoI issues - and good that we have transcripts. I also would like to offer - anyone - please - go to the concerns document, it still is in the drafting process (in its very inception) and do list your concerns . * Niels ten Oever 2: @Anne - Destruction of buildings is not by far the same as showing videos of destruction. On this topic, also see the Manilla Principles. * Farzaneh Badii: enforcement question. * Tatiana Tropina: Enforcement in this document is about external enforcement. Internal enforcement is a valid point for future discussion. * Paul McGrady: Problem of defining Respect and it being punted to WS2. did this get into constituencies etc. * Tatiana Tropina: It was more of a policy discussion and drawing border between Respect and Protection. * David McAuley: I recall the discussions around respect being about ICANN the organization rather than the commmunity. * Anne Aikman-Scalese (IPC): Is providing in the Registry Agreement that ICANN can direct the Registry to takedown any website that is clearly demonstrated or purposed toward Human Rights violations (e.g. sex trafficing of minors website) a matter of "external enforcment" or a matter of action taken to avoid contributing to Human Rights abuses? If ICANN supports policies that prevent law enforcement from getting to the perpetrators, then those policies would be contributing to Human Rights abuses. Or does ICANN say, "not my problem - out of scope". Good luck finding these people. We think it's fine if their location and contact information is completely private. * Kavouss Arasteh: meeting badly organized. * David McAuley: We never really delved into respect neiter did we go beyond ICANN the organization. * Greg Shatan: There was some discussion of Respect in WS1. * Niels Ten Oever: One more week to work on the document. (Several green Ticks and no comments).. Everyone is invited to contribute tot he document. 3. Discussion on: Concerns on possible impacts of Human Rights bylaw and FoI [1] * Niels Ten Oever: Paul Twomey is not on this call and will ask him and TT to work on this document over the coming week. I would also invite everyone to contribute to this if they have input. * Kavouss Arasteh: general disagreement with process and activities. NTO: explanation of process. * Ron da Silva: Board Concerns? These were well captured in the document. Unaware of any additional concerns vs those from WS1. * Jorge cancio (GAC Switzerland): CHAT - apart from concerns that the HR commitment would go "too far", we should also be careful in not weakening the current level of commitment according especially to article IV of the AoI * Anne Aikman-Scalese (IPC) CHAT: This was a concern I expressed earlier - being bound to Article 4 without a Framework of Interpretation. * jorge cancio (GAC Switzerland): I would see that analysis (of the current level of commitment under current AoI and Bylaws) either as a staff supported endeavour or as a collective effort... not sure whether Lee could cope with it - I'm a bit reluctant to speak on his behalf :-S * Tijani Ben Jemaa: we have to go forward with our narrow mission of creating an FOI - we should not add to our scope. * Andrew Mack: here here Tijani. less is more -- it will be challenge enough as a limited mandate * David McAuley: Good reminder, thanks Tijani * Tatiana Tropina: We agreed during the WS1 that we can not say whether Art 4 of AoI creates the obligation because HR instruments are mostly for the states * Niels Ten Oever: good point TBJ. I will draft a frame of this document to get us started next week. * Kavouss Arasteh: Discussion of what is the FOI? * Niels Ten Oever: Annex 6 of the CCWG report describes this quite well and provides some examples. 4. Discussion on working tools of the Design Team (Wiki, mailinglist, Github, Google Docs, Etherpads, etc) * Niels Ten Oever: Problems with Googledocs - the only tools for collaborative working on text is Etherpad and Googledocs. Googledocs has more functionality so we will keep using it for now. If you have further comments on this please provide them on the list. * Tijani Ben Jemaa: Let us use what ICANN provides so everyone can contribute. The Wiki works well. * Niels Ten Oever: lets take this to the list. 5. AOB * Niels Ten Oever: adjourned.

1 0