- Accountability-Cross-Community

Frozen Draft Report
by Thomas Rickert April 21, 2015

April 21, 2015

All, please find attached the draft report with the input we got from the sub-teams. They can also be found at https://community.icann.org/display/acctcrosscomm/Draft+Report <https://community.icann.org/display/acctcrosscomm/Draft+Report>. This is the frozen version of the document until our intensive two work days. Please note that you know most of the information already. We suggest you focus on the recommendations of WP1 and WP2, since the introductory part is primarily narrative and giving context. The stress test have been discussed quite extensively already. We are working on summaries or tables to make it easier for you to digest the information, but we wanted to get the frozen draft report out to you as soon as possible. Such additional materials will be worked on in collaboration with the rapporteurs to ensure that we provide information in a more handy while not misrepresenting interim work results. Let us also use this opportunity to thank all of you, our fabulous rapporteurs and staff for their outstanding work and commitment. Kindest regards, León, Mathieu and Thomas

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Fwd: [Acct-Legal] Sidley Austin/Adler & Colvin Response to the CCWG WP2 Templates
by León Felipe Sánchez Ambía April 21, 2015

April 21, 2015

Dear all, I am forwarding the document prepared by Counsel on WP2 templates. Best regards, León Enviado desde mi iPhone Inicio del mensaje reenviado: > De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> > Fecha: 21 de abril de 2015, 1:35:48 AM CDT > Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> > Asunto: [Acct-Legal] Sidley Austin/Adler & Colvin Response to the CCWG WP2 Templates > Responder a: ccwg-accountability5(a)icann.org > > Dear Legal Sub-Team, > > Attached please find a response to the 6 templates provided to us from the WP2 to the CCWG. In addition, we included a brief memo attached to the packet that delves into additional detail regarding the IRP (see the IRP template response for an executive summary). We look forward to discussing with you on Tuesday. > > Cheers, > Josh > > JOSHUA HOFHEIMER > Partner > Sidley Austin LLP > +1.213.896.6061 (LA direct) > +1.650.565.7561 (PA direct) > +1.323.708.2405 (cell) > jhofheimer(a)sidley.com > www.sidley.com > SIDLEY AUSTIN LLP > > > > > **************************************************************************************************** > This e-mail is sent by a law firm and may contain information that is privileged or confidential. > If you are not the intended recipient, please delete the e-mail and any attachments and notify us > immediately. > > **************************************************************************************************** > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org > https://mm.icann.org/mailman/listinfo/ccwg-accountability5

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Re: [CCWG-ACCT] [Acct-Legal] Fwd: Legal question
by Dr Eberhard W Lisse April 21, 2015

April 21, 2015

I object to the referral to a SubTeam for decision making. el -- Sent from Dr Lisse's iPad mini > On Apr 21, 2015, at 05:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> wrote: > > I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration. I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel. > > > Greg Shatan > > ---------- Forwarded message ---------- > From: Chris Disspain <ceo(a)auda.org.au> > Date: Tue, Apr 21, 2015 at 12:03 AM > Subject: [CCWG-ACCT] Legal question > To: Accountability Cross Community <accountability-cross-community(a)icann.org> > > > Hello All, > > I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call. > > Under the current structure of ICANN and its SOs and ACs > > 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws? > > 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto? > > 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding? > > 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable? > > > > > Cheers, > > > > Chris > > >> On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe(a)sanchez.mx> wrote: >> >> All, >> >> I am forwarding this document from Counsel for your records and for its relevance for our overall work. >> >> >> Best regards, >> >> >> León >> >>> Inicio del mensaje reenviado: >>> >>> Para: "ccwg-accountability5(a)icann.org" <ccwg-accountability5(a)icann.org> >>> Fecha: 17 de abril de 2015 22:21:36 GMT-5 >>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5(a)icann.org> >>> Asunto: [Acct-Legal] (no subject) >>> Responder a: ccwg-accountability5(a)icann.org >>> >>> >>> >>> Dear Legal Sub-Team, Attached please find revisions to the chart comparing the member and designator approaches from Sidley and Adler & Colvin as requested. Please note that in our cover memo we have posed several questions for your consideration. We have also provided a discussion of some considerations regarding implementation of both approaches. We are look forward to discussing with CCWG next week. Kind regards, Holly >>> >>> HOLLY J. GREGORY >>> Partner >>> >>> Sidley Austin LLP >>> +1.212.839.5853 >>> holly.gregory(a)sidley.com >>> >>> >>> >>> **************************************************************************************************** >>> This e-mail is sent by a law firm and may contain information that is privileged or confidential. >>> If you are not the intended recipient, please delete the e-mail and any attachments and notify us >>> immediately. >>> >>> **************************************************************************************************** >>> >> <Legal Assessment_ Governance Chart.pdf> >>> _______________________________________________ >>> Ccwg-accountability5 mailing list >>> Ccwg-accountability5(a)icann.org >>> https://mm.icann.org/mailman/listinfo/ccwg-accountability5 >> >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community(a)icann.org >> https://mm.icann.org/mailman/listinfo/accountability-cross-community > > > _______________________________________________ > Accountability-Cross-Community mailing list > Accountability-Cross-Community(a)icann.org > https://mm.icann.org/mailman/listinfo/accountability-cross-community > > > _______________________________________________ > Ccwg-accountability5 mailing list > Ccwg-accountability5(a)icann.org > https://mm.icann.org/mailman/listinfo/ccwg-accountability5

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Fwd: [CWG-Stewardship] For your review - version V3.3
by Greg Shatan April 20, 2015

April 20, 2015

All, As previewed in my earlier email, a further revised draft of the CWG draft report has now been circulated on that list. A copy of that email and attachments is below. Greg SHatan ---------- Forwarded message ---------- From: Marika Konings <marika.konings(a)icann.org> Date: Mon, Apr 20, 2015 at 2:50 PM Subject: [CWG-Stewardship] For your review - version V3.3 To: "cwg-stewardship(a)icann.org" <cwg-stewardship(a)icann.org> Dear All, Please find attached an updated draft which now incorporates, amongst others, a summary for section III, DT X, information from the legal memo, updates as a result of comments received and proposed text for section IIIB. Note that we’ve also reorganised the annexes to match the flow of the document. *Please note that that there a number of comments that have been flagged that need further consideration by the different DTs. We would like to encourage the leads of the DTs to pick up on the items that have been flagged for review and provide feedback on those items to the CWG mailing list as soon as possible.* Also, note that we’ve incorporated those edits and/or comments that we considered corrections and/or clarifications of existing content as well as responses to some of the Sidley comments. If you do not agree with those responses or updates or are of the view that these are more than corrections and/or clarifications, please flag those accordingly. You are encouraged to flag any items that you think warrant CWG consideration by Tuesday 20 April at 16.00 UTC at the latest. Other minor edits and/or clarifications can be submitted until Tuesday 20 April 23.59 UTC. For your convenience I’ve attached a redline and clean version both in Word as well as pdf. Thanks again for all your feedback! Marika _______________________________________________ CWG-Stewardship mailing list CWG-Stewardship(a)icann.org https://mm.icann.org/mailman/listinfo/cwg-stewardship

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Compiled list of legal questions
by León Felipe Sánchez Ambía April 20, 2015

April 20, 2015

Dear all, Attached you will find a chart with the compilation of the legal questions that have been raised so far either in our calls or on the mailing lists with the status on each of them. This list is intended as a quick reference to the questions in order to be able to keep track of what has been already asked and answered. To find the related answers, please refer to the documents in the legal sub-team wiki https://community.icann.org/pages/viewpage.action?pageId=52890082 <https://community.icann.org/pages/viewpage.action?pageId=52890082> I would also like to kindly ask you to review the document to determine whether there is any question raised but missing in this chart so we can include them accordingly. I hope you find this chart useful. Best regards, León

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AGENDA - Call # 23
by Alice Jansen April 20, 2015

April 20, 2015

Dear all, Below you will find a proposed agenda (including links to documents) in preparation for your call #23<https://community.icann.org/pages/viewpage.action?pageId=52896616> - Tuesday, 21 April - 19:00 - 21:00 UTC (time converter here<http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+ACCT+&iso=201…>): 1. Welcome, roll-call & SoI 2. CWG CoChairs update Documents: * Correspondence from CWG Chairs (15 April 2015)<https://community.icann.org/pages/viewpage.action?pageId=52897357> * DOC: Detail on CWG Requirements for the CCWG.docx<https://community.icann.org/download/attachments/52897357/Detail%20on%20CWG…> - PDF: Detail on CWG Requirements for the CCWG.pdf<https://community.icann.org/download/attachments/52897357/Detail%20on%20CWG…> * DOC : Draft- Summary of Legal Structure for CWG Proposal.docx<https://community.icann.org/download/attachments/52890082/Draft-%20Summary%…> - PDF: Draft- Summary of Legal Structure for CWG Proposal.pdf<https://community.icann.org/download/attachments/52890082/Draft-%20Summary%…> 3. Stress-Tests * # 18 - GAC consensus, page 13 * #14 & 15 - Affirmation of Commitments (AoC) 8 b, page 16-17 * # 11 & # 17 - Board inaction, page 4-5 Documents: DOC: Applying Stress Tests Draft v10.1.docx<https://community.icann.org/download/attachments/52232556/Applying%20Stress…>- PDF: Applying Stress Tests Draft v10.1.pdf<https://community.icann.org/download/attachments/52232556/Applying%20Stress…> Or pages 73, 76-77, 4-5 of frozen draft report - DOC: CCWG-Report Draft v1.1.docx<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> - PDF: CCWG-Report Draft v1.1.pdf<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> 4. Timeline & agenda for intensive meeting Documents: see attached 5. Legal advice Documents: To be circulated prior to meeting 6. Concluding Remarks 7. A.O.B This is also to kindly remind you that you may find the frozen draft report<https://community.icann.org/download/attachments/52897394/CCWG-Report%20Dra…> and related documents on the dedicated wiki page: https://community.icann.org/display/acctcrosscomm/Draft+Report Thanks, Best regards Alice

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Fwd: [CWG-Stewardship] Structure and comments from Sidley Austin
by León Felipe Sánchez Ambía April 20, 2015

April 20, 2015

Dear all, I am forwarding this information as I find it useful for our work. Best regards, León > Inicio del mensaje reenviado: > > De: "Lise Fuhr" <lise.fuhr(a)difo.dk> > Para: <cwg-stewardship(a)icann.org> > Fecha: 20 de abril de 2015 7:50:21 GMT-5 > Asunto: [CWG-Stewardship] Structure and comments from Sidley Austin > > Dear All, > > Please be aware of the following documents from Sidley Austin. > > 1. The structural model diagram > 2. Summary of Legal Structure > 3. CWG - Draft Transition Proposal (Sidley Comments) > > Best regards, > Lise > > _______________________________________________ > CWG-Stewardship mailing list > CWG-Stewardship(a)icann.org > https://mm.icann.org/mailman/listinfo/cwg-stewardship

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GAO meeting request
by Mathieu Weill April 20, 2015

April 20, 2015

Dear Colleagues, For your information, the US Governement Accountability Office has requested a teleconference with the co-chairs of the CCWG. Tentative date is currently discussed for next week (7 or 8 April). Your inputs are welcome. Best regards, Thomas Rickert, Leon Felipe Sanchez, Mathieu Weill -------- Message transféré -------- Sujet : April 1, 2, or 3 Meeting Request CCWG-Accountability Chairs Date : Thu, 26 Mar 2015 17:45:11 +0000 De : Healey, John C <HealeyJ(a)GAO.GOV> Pour : 'rickert(a)anwaelte.de' <rickert(a)anwaelte.de>, 'mathieu.weill(a)afnic.fr' <mathieu.weill(a)afnic.fr>, 'leonfelipe(a)sanchez.mx' <leonfelipe(a)sanchez.mx> Good day, Mr. Rickert, Mr. Sanchez Ambia, and Mr. Weill: You may recall meeting my colleagues, Derrick Collins, Alwynne Wilbur, and Kate Perl at the ICANN meeting in Singapore in February. At any rate, the Government Accountability Office (GAO) has been asked by the Chairs of the House Committee on Energy and Commerce and its Communications and Technology Subcommittee to review the National Telecommunications and Information Administration’s (NTIA) proposed transition of key Internet domain name functions to the global multistakeholder community. We are meeting with knowledgeable people and organizations to gather information for our work. We would like to meet with you via teleconference to discuss the proposed transition from the perspective of the Accountability working group. We have provided a list of questions, below, to give you a better idea of the topics we want to discuss with you, and I’ll provide a teleconference line after confirming your availability (please “reply all” so that others can know of your availability). In addition to the discussion, we would also welcome written responses. Would you be available for a one-hour time slot during one of the following blocks? * Wednesday, April 1^st : 10:00 – 11:00 EST * Thursday, April 2^nd : 11:00 – 12:00 EST * Friday, April 3^rd : 10:00 – 11:00 EST We would also like to meet with Steve DelBianco and Cheryl Langdon-Orr to discuss their work with the Stress Test Work Party. Please let me know if you’d like to be part of that meeting, too. Thank you, John John Healey, Senior Analyst Physical Infrastructure Team U.S. Government Accountability Office 441 G Street NW, Washington DC, 20548 (202) 512-5006 | HealeyJ(a)gao.gov

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Civil Discourse
by Chris LaHatte April 20, 2015

April 20, 2015

During the last month a number of people have commented to me about the recent tone has some posts. It is important when we debate these issues to concentrate on issues and not personalities. It is easy to get distracted if there are personal comments about another contributor, which can sometimes lead to a trail of discussion on the problems between the individuals rather than the more important work. I have noticed such comments, and would ask contributors to think carefully before they criticise another person, or even use humour about that person. In my experience cross-cultural humour can be a risky course and not always understood by the recipient. I am always ready to discuss matters with individuals who feel concerned, and try to resolve these by mediation techniques. Such contact will always be confidential." I am happy to discuss this with anyone. Regards Chris LaHatte Ombudsman Blog <https://omblog.icann.org/> https://omblog.icann.org/ Webpage <http://www.icann.org/en/help/ombudsman> http://www.icann.org/en/help/ombudsman Confidentiality All matters brought before the Ombudsman shall be treated as confidential. The Ombudsman shall also take all reasonable steps necessary to preserve the privacy of, and to avoid harm to, those parties not involved in the complaint being investigated by the Ombudsman.The Ombudsman shall only make inquiries about, or advise staff or Board members of the existence and identity of, a complainant in order to further the resolution of the complaint. The Ombudsman shall take all reasonable steps necessary to ensure that if staff and Board members are made aware of the existence and identity of a complainant, they agree to maintain the confidential nature of such information, except as necessary to further the resolution of a complaint

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Re: [CCWG-ACCT] Fadi Chehade Written Responses to Senate Questions
by Edward Morris April 20, 2015

April 20, 2015

Hi Matt, Ed > > Any sense as to when those hearings might be held? > > Nothing seems to be listed. Interestingly, Rep. Duffy sent letters containing the same questions to both the Energy and Commerce and Judiciary Committee Chairs. Both letters were sent on the same day. I sense we're going to have the pleasure of a number of Congressional inquiries into our work. We should probably take note of their areas of concern but I hope we continue to develop our solutions based upon what we believe is the proper course of action and not what we believe the American Congresspeople would like to hear. With the group we have here I'm sure we will. Best, Ed

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