Dear all,
The notes, recordings and transcripts for the CCWG Accountability LEGAL SubTeam call on 01 April will be available here: https://community.icann.org/pages/viewpage.action?pageId=52894270
ACTION ITEM: Call duration to be adjusted -> 120 min - 1 hour (15:00-16:00 UTC) subteam members - 1h (16:00-17:00 UTC) lawyers
ACTION ITEM Circulate templates of mechanisms to lawyers
ACTION ITEM - Circulate jurisdiction paper for information
ACTION ITEM: Schedule a legal subteam call for 1 April - 20:00-21:00 UTC
These high-level notes were prepared to help you navigate through content of the call and do not substitute in any way the transcript
Methodology
S&A suggestions: context important for ability to do research. Mechanism for community to agree on questions and consolidate them would be useful. Helpful to have process where law firms coordinate for overlapping questions for efficiency purposes.
--> Memorandums will be filed on the wiki
--> Legal executive subteam to ensure there is no duplication
--> Coordination between law firms is desirable
--> Suggestion to add section in legal scoping document to record questions
--> Legal executive team to set order in questions
--> Q&A exercise or holistic structure?
--> Timeline to be considered
--> Context to be provided
--> Consider triage to ensure efficiency
CONCLUSION: methods have been established (see wiki). All questions will be assigned to lawyers through memorandums. No need to address questions outside memorandum. Legal subteam should consider 120-minute calls. Scoping document will be the main document of reference - all questions assigned to lawyers will be inserted into legal scoping document for records. Questions will be posted on wiki page. Clarify questions prior to responding.
ACTION ITEM: Call duration to be adjusted -> 120 min - 1 hour (15:00-16:00 UTC) subteam members - 1h (16:00-17:00 UTC) lawyers
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Review of Community Empowerment
We are looking for advice on our proposals (legally viable or not), not for a redesign. Need to know what structural changes are needed - if any - to implement powers and mechanisms we want in place.
Outline next steps to meet goals:
1) Subteam to review documents from A&C - S&A
2) Ask how we may operationalize
ACTION ITEM Circulate templates of mechanisms to lawyers
Request to prioritize and narrow down areas to explore.
Board removal
Budget approval
Bylaws approval
Golden Bylaws
Independent Review Panel
Reconsideration Process
Jurisdiction
- Would help to focus on California law and avoid looking across globe.
- Jurisdiction refers to HQs.
- No political discussion - focusing on legal advice instead.
--> Jurisdiction will be addressed in WS2, as needed
ACTION ITEM - Circulate jurisdiction paper for information
Liability
Supervisory Board: what would it entail in terms of liability? Input would be welcome.
Lawyers to look at templates we are discussing so as to identify any issues we would be facing.
Legal subteam to sort out point of orders on list.
How do we may independent review panel binding? Framework around fundamental bylaws
ACTION ITEM: Schedule a legal subteam call for 1 April - 20:00-21:00 UTC