J. Beckwith Burr
Neustar, Inc.
/
Deputy General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office:
+1.202.533.2932
Mobile:
+1.202.352.6367
/
neustar.biz
Becky,
Why would your proposal be restricted to the “Board’s implementation of GAC Advice in a manner alleged to violate the Bylaws”? What if GAC consensus advice results in a Board decision that would
amend the bylaws or implement some other serious change that is not necessarily in violation of the bylaws? I think the same provision should apply.
I propose this version that deletes the “Board’s implementation of GAC Advice in a manner alleged to violate the Bylaws” clause and slightly modifies the final sentence that also referenced violating
the bylaws:
“The GAC may not, however, participate as a decision maker in the Empowered Community’s consideration of the exercise a community
power for the purpose of challenging or blocking the Board’s implementation of GAC Advice. In such cases, the GAC remains free to participate in community deliberations in an advisory capacity, but its views will not count towards or against otherwise agreed
thresholds needed to initiate a conference call, convene a Community Forum, or exercise a specific Community Power. This carve out preserves the ICANN Board’s unique obligation to work with the GAC try to find a mutually acceptable solution to implementation
of GAC Advice supported by consensus (as defined in Rec. #11) while protecting the community’s power to challenge Board decisions arising from such advice.”
Best,
Brett
From:
accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org]
On Behalf Of Burr, Becky
Sent: Tuesday, February 02, 2016 4:26 PM
To: Accountability Community
Cc: acct-staff@icann.org
Subject: [CCWG-ACCT] Summary of proposals discussed last night in context of Rec. #11
I have attempted to set out the proposals discussed last night. Apologies if I have mischaracterized the contributions made by Kavouss and/or Malcolm
Aresteh Proposal:
Modify
Rec. #11/Annex 11
to provide that GAC Advice supported by consensus, defined as general agreement in the absence of a formal objection, may be rejected only by a vote of at least
60% of the Board. All other requirements (e.g., rationale to be provided, etc.) unchanged.
This proposal is to modify Recommendation 11 Annex 11 without any change to Recommendation 1 as it stands on 02 February 2016
Hutty Gloss on 60% Threshold: Add language to ensure that supermajority requirement creates no new expectation
of approval or otherwise modify the Board’s standard of review of GAC Advice.
Burr Proposal:
?
Modify
Rec #1/Annex 1: Add the following to the end of Paragraph 23.
The GAC may not, however, participate as a decision maker in the Empowered Community’s consideration of the exercise a community power for the purpose of challenging
or blocking the Board’s implementation of GAC Advice in a manner alleged to violate the Bylaws. In such cases, the GAC remains free to participate in community deliberations in an advisory capacity, but its views will not count towards or against otherwise
agreed thresholds needed to initiate a conference call, convene a Community Forum, or exercise a specific Community Power. This carve out preserves the ICANN Board’s unique obligation to work with the GAC try to find a mutually acceptable solution to implementation
of GAC Advice supported by consensus (as defined in Rec. #11) while protecting the community’s power to challenge Board decisions that would cause ICANN to violate its Bylaws.
?
Modify the Table in
Rec. #2/Annex 2 to reflect this carve out and add the following language to cover situations that would otherwise require
the support of four SOs or ACs:
The CCWG-Accountability also recommends that in a situation where
the GAC may not participate as a Decisional AC because the community power is proposed to be used to challenge the Board’s implementation of GAC Advice
and the threshold is set at four in support, the power will still be validly exercised if three are in support and no more than one objects.
J. Beckwith Burr
Neustar, Inc./Deputy
General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office:+1.202.533.2932
Mobile:+1.202.352.6367
/neustar.biz