- Accountability-Cross-Community

Call #10 - Proposed Agenda
by Alice Jansen Feb. 2, 2015

Feb. 2, 2015

Dear all, Below you will find a proposed agenda in preparation for your call #10 - Tuesday, 3 February - 12:00-14:00 UTC 1. Welcome & roll call & SOI 2. Update from interactions with CWG 3. Preparing Singapore a. Reminder of sessions / logistics b. Agenda /topics for Board meeting c. Review of engagement material provided before meeting 4. Update WP1/WP2 a. By rapporteurs b. Update stress test WP c. Ideally, discussion around first set of answers to the contingency questions 5. Legal advice update 6. AOB 7. Closing remarks Thanks - Best regards Alice

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CCWG and ICANN Board, Sunday 8 February, 11:00 - 12:00 SGT
by Adam Peake Feb. 2, 2015

Feb. 2, 2015

Hi everyone, The CCWG meeting with the ICANN Board has been set for Sunday 8 February, 11:00 - 12:00 SGT (03:00 - 04:00 UTC). Please save the time on your schedules. The usual remote access facilities will be provided, details will be distributed shortly. Co-chairs have asked that we discuss items for the agenda with the Board during tomorrow's CCWG call. Thank you, Adam

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Regarding a standing panel for the independent review of Board actions
by Bruce Tonkin Feb. 2, 2015

Feb. 2, 2015

Hello All, With respect to clause of the bylaws: " 6. There shall be an omnibus standing panel of between six and nine members with a variety of expertise, including jurisprudence, judicial experience, alternative dispute resolution and knowledge of ICANN's mission and work from which each specific IRP Panel shall be selected. The panelists shall serve for terms that are staggered to allow for continued review of the size of the panel and the range of expertise. A Chair of the standing panel shall be appointed for a term not to exceed three years. Individuals holding an official position or office within the ICANN structure are not eligible to serve on the standing panel. In the event that an omnibus standing panel: (i) is not in place when an IRP Panel must be convened for a given proceeding, the IRP proceeding will be considered by a one- or three-member panel comprised in accordance with the rules of the IRP Provider; or (ii) is in place but does not have the requisite diversity of skill and experience needed for a particular proceeding, the IRP Provider shall identify one or more panelists, as required, from outside the omnibus standing panel to augment the panel members for that proceeding." The Board approved the bylaw change and requested that the standing panel be established. The bylaws provide for the situation where it is not YET established, but that doesn't mean that we should not have it established as others have pointed out. There has been no board decision not to establish the panel . I have heard information from a staff member that there were some difficulties getting the panel established through the current IRP provider. I have asked for an agenda item for the Board Governance committee meeting next week for the staff to provide an update, and I will then provide an update to this group on: - the reasons for the delay in establishing the standing panel - when the standing panel is expected to be in place As a Board member I am also working on tightening up our oversight that the outcomes from the AoC reviews are actually implemented as approved by the Board. Regards, Bruce Tonkin

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WA4 list repurposed to [ST-WP] + Call for Volunteers
by Grace Abuhamad Feb. 2, 2015

Feb. 2, 2015

Dear all, Per chairs' request, I have repurposed the WA4 list (ccwg-accountability4(a)icann.org) for the Stress Test Work Party [ST-WP], which is a natural evolution for the work. The archive will reflect this change, since the new subject line prefix will be [ST-WP]. The current ST-WP includes: Coordinator/Rapporteur: Cheryl Langdon-Orr (member) Volunteers: * Steve DelBianco (member) * * James Bladel (member) * Samantha Eisner (member) * Jonathan Zuck (participant) * Alan Greenberg (member) * Leon Sanchez (member) * Eberhard Lisse (member) * Mathieu Weill (member) * Thomas Rickert (member) * Carlos Raul Gutierrez (participant) * Camino Manjon-Sierra (participant) * Adebunmi Akinbo (participant) If you would like to join the group, please let me or Brenda know and we'll add you to the mailing list. The Wiki page for this group is here: https://community.icann.org/x/UAEdAw Best, Grace

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Regarding the Affirmation of Commitments to the US Government
by Bruce Tonkin Feb. 1, 2015

Feb. 1, 2015

Hello All, Just to clarify that I have been on the Board since the Affirmation of Commitments was signed with the US Government. There has been no discussion on the Board during that time to terminate the agreement. I have heard discussions at different times to have a way to make the same affirmation to other Governments or the global public as a whole. The suggestions so far to incorporate the key elements into the bylaws make sense to me. Even if the Board was contemplating any change to the AoC - it would be done through an extensive community consultation process. Regards, Bruce Tonkin

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Re: [CCWG-ACCT] ASEP
by Bruce Tonkin Feb. 1, 2015

Feb. 1, 2015

Hello Avri, * >> Improve access - add claims for consideration of inaccurate material information (bylaws were changed to include this, don't know whether practice has caught up yet) Yes - inaccurate material information is included. A form has been developed by staff to assist in submitting reconsideration requests. I have attached a PDF version, and it is available here: https://www.icann.org/en/system/files/files/request-form-11apr13-en.doc Regards, Bruce Tonkin one or more actions or inactions of the ICANN Board that are taken as a result of the Board's reliance on false or inaccurate material information. * Define key terms, such as "material information", "materially harmed" * Modify time limits for submissions * Include terms and conditions in request form * Allow for urgent review in place of stay * Allow for summary dismissal when warranted * Allow "class" filings/consolidation * Require allegations of standing Independent Review * Create omnibus standing panel (As people have said the bylaws were changed for this.) * Define key terms * Introduce optional cooperative engagement and conciliation phases to narrow issues and improve efficiency * Require submission form with terms and conditions * Introduce: (i) time limits for filing and decision; (ii) and page limitations ATRT2 >From the report: With regard to restructuring review mechanisms, an Accountability Structures Expert Panel (ASEP) was commissioned in September 2012. It included three international experts on issues of corporate governance, accountability and international dispute resolution. The ASEP reported on October 2012 and the Board acted upon its recommendations on 20 December 2012, approving amendments to bylaws Article IV, Section 2[80] (Reconsideration), Section 3[81] (Independent Review), and the corresponding Cooperative Engagement Process for Independent Review.[82] 80 http://www.icann.org/en/about/governance/bylaws/proposed-bylaw-revision-rec… 26oct12-en.pdf 81 Ibid. 82 http://www.icann.org/en/news/irp/proposed-cep-26oct12-en.pdf ---- The Special Community Group will use the 2012 Report of the Accountability Structures Expert Panel (ASEP) as one basis for its discussions. All recommendations of this Special Community Group would be subject to full community participation, consultation and review, and must take into account any limitations that may be imposed by ICANN's structure, including the degree to which the ICANN Board cannot legally cede its decision-making to, or otherwise be bound by, a third party. (As Bruce and Alan have indicated we are that Special community Group) avri

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Selection of International Law Advisor to the Enhancing ICANN Accountability Process
by Grace Abuhamad Jan. 30, 2015

Jan. 30, 2015

To view the original announcement, please see: https://www.icann.org/news/announcement-3-2015-01-30-en Selection of International Law Advisor to the Enhancing ICANN Accountability Process <https://www.addthis.com/bookmark.php?v=300&winname=addthis&pub=ra-52fcc7eb 243d6d89&source=tbx32-300&lng=en-us&s=linkedin&url=https%3A%2F%2Fwww.icann.o rg%2Fnews%2Fannouncement-3-2015-01-30-en&title=Selection%20of%20Internationa l%20Law%20Advisor%20to%20the%20Enhancing%20ICANN%20Accountability%20Process% 20-%20ICANN&ate=AT-ra-52fcc7eb243d6d89/-/-/54cbf79945b7ae26/2&frommenu=1&uid =54cbf79954494f3b&ct=1&tt=0&captcha_provider=nucaptcha> <https://www.icann.org/news/announcement-3-2015-01-30-en#> <https://www.icann.org/news/announcement-3-2015-01-30-en#> <https://www.addthis.com/bookmark.php?v=300&winname=addthis&pub=ra-52fcc7eb2 43d6d89&source=tbx32-300&lng=en-us&s=sinaweibo&url=https%3A%2F%2Fwww.icann.o rg%2Fnews%2Fannouncement-3-2015-01-30-en&title=Selection%20of%20Internationa l%20Law%20Advisor%20to%20the%20Enhancing%20ICANN%20Accountability%20Process% 20-%20ICANN&ate=AT-ra-52fcc7eb243d6d89/-/-/54cbf79945b7ae26/3&frommenu=1&uid =54cbf79930690cc0&ct=1&tt=0&captcha_provider=nucaptcha> <https://www.icann.org/news/announcement-3-2015-01-30-en#> <https://www.icann.org/news/announcement-3-2015-01-30-en#> The Accountability & Governance Public Experts Group <https://community.icann.org/x/lIgQAw> (PEG) announces the selection of the 7th and final Advisor to the Cross Community Working Group on Enhancing ICANN Accountability (CCWG). The PEG is pleased to announce Lee Andrew Bygrave as the Advisor with International Law/Jurisprudence as his area of expertise. Lee Andrew Bygrave is a Professor at the Department of Private Law at the University of Oslo, Norway, where he is also the Director of the Norwegian Research Center for Computers and Law. He is additionally an associate (former Co-Director) of the Cyberspace Law and Policy Centre at the University of New South Wales in Australia. Among his publications are Internet Governance: Infrastructure and Institutions (Oxford University Press, 2009) and, most recently, Internet Governance by Contract (Oxford University Press, 2015). Bygrave will be serving in his personal capacity along with the previously announced <https://www.icann.org/news/announcement-2014-12-17-en> Advisors to the CCWG-Accountability: * Roberto Bissio, Executive Director of the Instituto del Tercer Mundo Area of Expertise: Global Ethics Frameworks and Human Rights (for example consumer protection) * William Currie, Consultant in ICT Policy and Regulation Area of Expertise: Governmental Engagement and Relations and Multistakeholder Governance * Valerie D'Costa, Program Manager at infoDev Area of Expertise: Governmental Engagement and Relations and Multistakeholder Governance * Ira Magaziner, Chief Executive Officer and Vice Chairman of the Clinton Health Access Initiative Area of Expertise: Governmental Engagement and Relations and Multistakeholder Governance * Nell Minow, Shareholder Advocate Area of Expertise: Board Governance and Corporate Management (for example operational, finance, risk management * Jan Scholte, Professor, University of Gothenburg and University of Warwick Area of Expertise: Global Accountability and Transparency theoretical, practical, tools and metrics The Advisors have begun their engagement with the CCWG-Accountability, mainly through the CCWG-Accountability Chairs. The Advisors roles are to contribute research and advice, and to bring perspectives on global best practices to enrich the discussion, all while engaging with a broader network of accountability experts from around the world. As stated in the revised Enhancing ICANN Accountability and Governance Process <https://www.icann.org/resources/pages/process-next-steps-2014-10-10-en> from 10 October, The Public Experts Group (PEG) was tasked <https://www.icann.org/news/announcement-2014-08-19-en> with selecting up to 7 Advisors to the CCWG-Accountability. Now, that the PEG has concluded its work, it will no longer be active. However, the PEG notes that the Enhancing ICANN Accountability Process considered that while the PEG's formal task is to select Advisors, PEG members could continue to be available provide additional assistance if there is an identified need for further independent input or expertise. The members of the PEG are: Ms. Jeanette Hoffman, Director, Alexander von Humboldt Institute for Internet and Society; Ambassador Janis Karklins, Latvian Ambassador. Chair of the Multi-stakeholder Advisory Group (MAG); Mr. Larry Strickling, NTIA Administrator and Assistant Secretary for Communication and Information of the U.S. Department of Commerce; and Mr. Brian Cute, Chief Executive Officer, Public Interest Registry

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Accountability Relevant Items in the US Senate
by Paul Rosenzweig Jan. 30, 2015

Jan. 30, 2015

The community might be interested in the two following events that occurred in the United States Senate this week: Two Senators (Hatch and Blunt) introduced a resolution relating to the ICANN/IANA Transition: http://thehill.com/sites/default/files/hatch-blunt_internet_governance_aware ness_week_resolution4_1.pdf Meanwhile, Senator John Thune, Chair of the Senate Commerce Committee (the one that oversees the NTIA) gave a broad speech regarding his agenda for the coming year, which included mention of the IANA transition as well. A report on that speech is here: http://blogs.rollcall.com/technocrat/internet-governance-a-hearing-planned-a nd-a-resolution-introduced/?dcz= Regards Paul **NOTE: OUR NEW ADDRESS BELOW, EFFECTIVE 12/15/14 *** Paul Rosenzweig Red Branch Consulting, PLLC 509 C St. NE Washington, DC 20002 paul.rosenzweig(a)redbranchconsulting.com <mailto:paul.rosenzweigesq@redbranchconsulting.com> O: +1 (202) 547-0660 M: +1 (202) 329-9650 Skype: +1 (202) 738-1739 or paul.rosenzweig1066 www.redbranchconsulting.com <http://www.redbranchconsulting.com/> www.paulrosenzweigesq.com <http://www.paulrosenzweigesq.com/> Link to my PGP Key <http://www.redbranchconsulting.com/index.php?option=com_content&view=articl e&id=19&Itemid=9>

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summary of mailing list discussions, week 16-22 January
by Adam Peake Jan. 30, 2015

Jan. 30, 2015

Hi everyone. Staff have been producing a summary of CCWG list discussion for the expert advisors. Thought it might be helpful for you to see. Summary for the week of 16 -22 January attached. We write these on a weekly basis, try to turn them around quite quickly so the advisors can follow the discussions (a few of the advisors are also subscribed to list). Comments always welcome. Thanks, Adam Adam Peake ICANN

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CCWG Timeline
by Berry Cobb Jan. 29, 2015

Jan. 29, 2015

Hi All, Please find attached the latest version of the CCWG timeline as presented during this week's CCWG call. This version has also be circulated to the CWG. There were a few small structural changes from the version presented earlier, but the deliverable dates and key Work Areas and Work Parties remain intact. Should you have any clarifying questions, please send them to the list and we will be happy to answer them. Thank you. B Berry A. Cobb Internet Corporation for Assigned Names & Numbers 720.839.5735 mail(a)berrycobb.com @berrycobb

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