April 2017 - Accountability-Cross-Community

CCWG-Accountability-WS2-Current Public Consultations
by Bernard Turcotte April 5, 2017

April 5, 2017

All, As you are aware there are currently two active public consultations for the CCWG-Accountability: - Transparency which closes on 10 April - Guidelines for Good Faith which closes on 24 April To date these have not received significant input and the Co-Chairs would appreciate your assistance in identifying any comments that you expect will be made to these consultations in the coming days. Please reply to me directly (and not to the list - so please do not REPLY ALL) and I will compile these for the Co-Chairs. Thanking you in advance for you support. Bernard Turcotte for the Co-Chairs. ICANN Staff Support to the CCWG-Accountability-WS2

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Notes, recordings and transcript for WS2 Human Rights Subgroup Meeting # 25 | 4 April 2017
by MSSI Secretariat April 5, 2017

April 5, 2017

Hello all, Please see the notes, recordings, and transcript for the CCWG Accountability WS2 Human Rights Subgroup Meeting #25 here; https://community.icann.org/x/4bnRAw A copy of the notes may be found below. Thank you. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) Internet Corporation for Assigned Names and Numbers (ICANN) [cid:image001.png@01D2AE06.39841540] Notes (includes relevant text from chat): 12 participants at start of call. 1. Administrivia-Roll call, absentees, SoIs, etc Niels ten Oever - No changes to SOIs. 2. Second Reading (of two) of the Considerations document Niels ten Oever – (going through the Google doc - https://docs.google.com/document/d/1rDYyuXacrSYDtlSK5JqNQe7XOX2LbM86AzfDay8… ) Niels ten Oever: (typo correction) A particular Human Right should not be considered in isolation since Human Rights are universal, indivisible, interdependent, and interrelated. Kavouss Arasteh - Uncertain we should use METHOD applies - there is no METHOD. Delete METHODS FOR use THE DEVELOPMENT OF ANY NEW.... Niels ten Oever: The development of any new policies or frameworks that may be needed to apply the Human Rights Core Value will be dictated by the type of policy and how ICANN the organization and the community develop those policies. Andrew Mack: sounds good to me as well Cheryl Langdon-Orr (CLO): fine by me also David McAuley (RySG) 2: fine here Kavouss Arasteh - PROPOSES to whom? suggest remove PROPOSE and use DEVELOP. Niels ten Oever: In order to do so ICANN the organization should develop a framework, which should include multistakeholder involvement, and regular review. David McAuley (RySG) 2: propose includes the community more clearly doesn't it Andrew Mack - PROPOSES TO THE COMMUNITY BROADLY. Kavouss Arasteh - that works. Niels ten Oever: In order to do so ICANN the organization should propose a framework to the community, which should include multistakeholder involvement in its development, and regular review. David McAuley (RySG) 2: sounds good Kavouss Arasteh - always have had problem with the last para. Not 100% satisfied but accept as the best we can get. David McAuley (RySG) 2: Nice comment Kavouss, I also think this last para is good Niels ten Oever - this completes our second reading. Unless there are objections I will merge this with the FOI and submit to the plenary for first reading. Cheryl Langdon-Orr (CLO): excellent Andrew Mack: double dip Markus Kummer: Well done, all! Niels ten Oever: fulll consensus of the subgroup, congratulations everyone Kavouss Arasteh - We need to avoid modifications in plenary - this was hard won consensus here and any changes proposed in the plenary need to be brought back to this group and would suggest we make this clear in the plenary. Niels ten Oever - agree - we will have to defend these documents in plenary. 3. AOB Kavouss Arasteh - Great thanks to our rapporteur and members of the drafting team, as well as the secretariat. Andrew Mack: here here David McAuley (RySG) 2: Agree with Kavouss Niels ten Oever: Fully agree Markus Kummer: +1 Kavouss - well said! Andrew Mack: well led Niels Cheryl Langdon-Orr (CLO): good job so far people... important work... now needs to go to the next steps with Plenary and Pc Niels ten Oever - lets not forget its not then end - if we get through the plenary we then go to public comment. Adjourned.

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FoI-HR and Considerations - Human Rights Subgroup Full Consensus
by Niels ten Oever April 4, 2017

April 4, 2017

Dear Plenary, It is with great pleasure that I can share with you the 'Proposed Framework of Interpretation and Considerations concerning the ICANN Human Rights bylaw' on behalf of the CCWG Human Rights Subgroup. The first part of this document is the proposed Framework of Interpretation for the ICANN Bylaw on Human Rights. The second part of this document addresses the “considerations” listed in paragraph 24 of Annex 12 of the CCWG Accountability Final Report. This document was produced by the Cross Community Working Group on Enhancing ICANN’s Accountability Sub Group on Human Rights (CCWG SG HR) for discussion in the Cross Community Working Group on Enhancing ICANN’s accountability (CCWG) plenary. This is a full consensus document produced by the CCWG SG HR. You can find the document attached as well as here: https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymv… We're looking forward to discuss this in the plenary. Sincerely yours, Niels Rapporteur of the CCWG Human Rights Subgroup PS Note that the Framework of Interpreation part of the document has not changed since the two readings that have already been done in the plenary. -- Niels ten Oever Head of Digital Article 19 www.article19.org PGP fingerprint 2458 0B70 5C4A FD8A 9488 643A 0ED8 3F3A 468A C8B3

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Notes and documents for WS2 Ombudsman Subgroup Meeting #20 | 03 April 2017
by MSSI Secretariat April 4, 2017

April 4, 2017

Hello all, The notes and documents displayed for CCWG Accountability WS2_ CCWG Ombudsman Subgroup, Meeting #20 - 03 April 2017 will be available here: https://community.icann.org/x/VsDRAw A copy of the agenda & notes may be found below. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN - Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org<http://www.icann.org/> [cid:image001.png@01D2ACD2.2F296F80] ________________________________ Ombudsman Subgroup Meeting #20 04 April 2017 @ 19:00 UTC Agenda: Roll Call / Apologies - Welcome Participation & Dashboard External review of the ICANN Ombuds Office Interviews Survey Next meeting #21 ? April 2017 AOB Notes (includes relevant text from chat): 11 Participants at start of call Roll Call / Apologies - Welcome Bernard Turcotte - (SB audio issues) Voice only - all identified - No changes to SOI's Participation & Dashboard Sebastien Bachollet - Dashboard will be published anon. External review of the ICANN Ombuds Office Lars Hoffmann - Survey should be completed today and the announcement has been prepared. Once it is ready we will distribute to this group so it can be advertised as widely as possible. Sebastien Bachollet - Should we do a final review before it goes live? Lars Hoffmann - SB if you identify a few people then we can obtain a final check. Sébastien Bachollet - Great send to me and I will distribute to those who really participate and get you a response in 48 hours latest. Cheryl Langdon-Orr (CLO): time is of the essence Sébastien Bachollet - update on interviews - need help reaching people? Lars Hoffmann - I need to be out of that loop for confidentiality and conflict of interest reasons. Have not spoken to Debra since weekend - will do so after call and see if there are people she needs helps getting a hold of. Sebastien Bachollet - LH great. Any comments questions? (none). Next meeting #21 Tuesday18 April 2017 1300 AOB Sebastien Bachollet -? (none) Adjourned.

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Notes, recordings and transcript for WS2 Jurisdiction Subgroup Meeting # 25 | 04 April 2017
by MSSI Secretariat April 4, 2017

April 4, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Jurisdiction Subgroup Meeting #25 – 04 April 2017 will be available here: https://community.icann.org/x/TL-RAw A copy of the agenda and notes may be found below. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN – Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org<http://www.icann.org/> [cid:image002.png@01D2ACD1.B5AB4B10] ________________________________ Jurisdiction Subgroup Meeting #25 04 April 2017 @ 19:00 UTC This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6) *6 will also unmute. Apologies: Paul Rosenzweig, Andreea Brambilla, Avri Doria Agenda: 1. Welcome 2. Review of Agenda (2 minutes) 3. Administration (1 minute) a. Changes to SOIs b. Identify Audio Only and Phone Number Participants 4. Status of Questions to ICANN Legal 5. Review of decisions and action items from last call (2 minutes) a. Decisions – none b. Action Items: - Add Christopher Wilkinson to Questionnaire Review/Evaluation Team (GSS/Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) 6. Update on Questionnaire (2 minutes) a. No new submissions 7. Review of ICANN’s past and current litigation a. Pool.com (MW) b. Updated reviews (MW) 8. Review of Working Method (30 minutes) a. Current approach to work b. Issues and Concerns 9. AOB 10. Next meeting 11 April 1300UTC 11. Adjourned Notes (includes relevant text from chat): 1. Welcome Greg is running a few minutes late, the call will start momentarily. 2. Review of Agenda No changes to agenda. 3. Administration a. Changes to SOIs No changes to SOIs. b. Identify Audio Only and Phone Number Participants Kavouss Arasteh will be out of the AC room for the last 10 min of the call. Seun Ojedeji on audio. 4. Status of Questions to ICANN Legal Bernie - Sam is actively working on this request. Staff will follow-up this week. 5. Review of decisions and action items from last call a. Decisions: none b. Action Items: - Add Christopher Wilkinson to Questionnaire Review/Evaluation Team (GSS/Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) - Create email address/list for Questionnaire Review/Evaluation Team (Staff) (completed) 6. Update on Questionnaire a. No new submissions Greg - It's not too late to promote the questionnaire or respond to the questionnaire. 7. Review of ICANN’s past and current litigation David McAuley - started working on namespace case. Bernie - sign up sheet can be found at: https://docs.google.com/document/d/1oo9oDJuuxFz1UUNaBfHeor7HPhJ5XcRHFTq3hjR…<https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_docume…> a. Pool.com (MW) Mathieu Weill (MW) presented review of pool.com litigation. Greg - Seun had some comments on the mailing list earlier today, but is not connected right now. David McAuley - I take it this case was not appealed? MW - no, it was dropped. Greg - was it dropped because the parties settled? MW - I think there was a settlement, but that's my interpretation, there is no mention of that in the case. Kavouss - was the case dropped by the court? what would have happened if it had not been dropped? MW - Ottawa is a city in Ontario, in Canada. I cannot say what would have happened if the case had not been dropped. Greg - the plaintiff must have dropped it, the court would have dismissed it, court cannot drop it, only the plaintiff can. David - I believe this subject is part of the questions that were sent to ICANN Legal. Kavouss - I hope we can find a case outside of the US where the case was not dropped. Greg - that was the only case that was outside of the US, all others listed are in the US. MW - confirming what Greg indicated. That in itself is an interesting finding. Kavouss - could we look into cases where the plaintiff is a non US? Mathieu Weill: Non US Plaintiff are useful to look at indeed. Such as DitAfrica ? Kavouss - do we have cases in countries where ICANN doesn't have offices? Greg - I believe we should get answer to that question from ICANN Legal. b. Updated reviews (MW) 8. Review of Working Method a. Current approach to work Kavouss - the people who raise the concerns that our working methods are not taking us anywhere should attend the calls so we can discuss. We also need answers from ICANN Legal in order to move the work forward. DM - looking at past litigations, and the questionnaire, all this seems to be very sensible and legitimate. Seun - It's not necessarily a complete exercise that we are doing. We are only looking at past experiences. MW - this conversation highlights the need to clarify the various tracks of work that we are currently working on. Past litigations is one, questions to ICANN Legal is another, and the questionnaire is a 3rd. We have been requested to provide an update to the plenary of what we are currently working on, and what the next steps will be. Greg - I don't think that any of the work that we are doing is intended to create the impression that we fill time. We still need to clarify the mandate of the group, but we have taken steps to find the facts. Our working method is to look for issues, and then to find remedies. Seun - yes, but for now we have only been looking for issues in the past, we have not looked into potential issues in the future. Mathieu Weill: Potential issues in the future is a definition of Risks. Greg - looking for potential issues is not part of our mandate. Greg - I will prepare a status of where we are, and will submit it to the mailing list. MW - maybe we could invite the persons who commented on the mailing list to join us in the next subgroup call. Greg - good suggestion, let's do that. b. Issues and Concerns 9. AOB None raised. 10. Next meeting 11 April 1300UTC 11. Adjourned

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