Hello all,
The notes, recordings and transcripts for the CCWG ACCT meeting #66 - 10 November will be available here: https://community.icann.org/x/yLJYAw
A copy of the notes and action items may be found below.
Thank you.
Kind regards,
Brenda
· ACTION ITEM - Define areas of consensus on this.
· ACTION ITEM: Becky to write up language to include confirmed areas and discuss outstanding items on Friday
· ACTION ITEM - Provide comments on executive summary by closed of business today. Comments should be submitted via email.
Comments should not address wordsmithing.
· ACTION ITEM - Jordan to send language on Fundamental Bylaws on list
These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcript.
Opening remarks
- We are due to deliver first set of deliverables for public comment by Sunday. We need to close outstanding items
- Extra call planned for Friday at 06:00-08:00 UTC to wrap up conclusions
- Important to stay focused on discussion how writing is consistent with requirements instead of focusing on wordsmithing
Revised Mission, Core Values & Commitments
Agreement on notion and consistency with requirements is needed.
ICANN should not use contracting authority to regulate behavior downstream in ways that are not within mission. ICANN should limit obligations to goals
that within mission. We are having problems with word "regulate". Voluntary public interest commitments is an example of concern. Would prohibition on
regulation get in the way?
Post Dublin language - it is language intended to inform work to be undertaken by drafters.
- Language on contract not constituting regulation
- Language to enable or facilitate reachability over Internet nor shall it regulate
- On Malcolm's language, suggestion so strike "strictly". Use "shall not regulate services". We don't have clarity of what services means. Consensus
policy is outside of prohibition.
Without in any way limiting the foregoing, ICANN shall not regulate services (i.e. those offered by web servers, mail servers and the like)that
use the Internet's unique identifiers or the content that those services carry or provide. The prohibition on regulation of services that use the
Internet’s unique identifiers or the content that they carry or provide does not act as a restraint on ICANN’s authority to negotiate, enter into
and enforce agreements. Consensus Policy, as defined in “Consensus Policies and Temporary Policies Specification” in the 2013 Registrar
Accreditation Agreement, is outside of such prohibition.
--> Concern in public comment that this language can be interpreted as preventing ICANN from enforcing contract. Suggestion to proceed
initial language with addition of sentence to address public concern. ICANN should not use contracting authority to regulate content and
behavior of DNS registrants.
- Clarify that ICANN is not using authority with respect to registries and registrars to regulate registrants.
- Intent is to not influence how registrars deal with registrants
- Point of confusion: we have not articulated in a granular way what we mean by ICANN shouldn't use its authority to regulate registrants' behavior.
- Try to take stock of agreement within our group i.e. want to avoid ICANN making regulation
AGREEMENT:
- ICANN should stay within its articulated and limited mission.
- In furthering its mission, ICANN has ability to enter into and enforce contract with registries and registrars
- Specification 1 in registry agreement and specification 4 RAA as they are currently written include description of consensus policy that is
within ICANN's mission.
--> Concerns: specification 1 unclear for some.
- ICANN should have ability to impose obilgations exceeding mission except for voluntary commitments.
- ICANN should not use its contract with registries and registrars to regulate registrant behavior with regards to subjects that are outside of
ICANN's mission as defined in the picket fence
DISAGREEMENT:
- Should ICANN have the ability to enter into and enforce volunteer contractual commitments that registry applicant has
voluntary provided. ICANN must have ability
ACTION ITEM - Define areas of consensus on this.
Define what ICANN can do and not what it can't do and delineate areas of agreement.
ACTION ITEM: Becky to write up language to include confirmed areas and discuss outstanding items on Friday
Executive Summary
ACTION ITEM - Provide comments on executive summary by closed of business today. Comments should be submitted via email. Comments
should not address wordsmithing.
Summary is designed for those who are not deeply involved in this. It has to be representative of our work and readable
·
Feedback:
- Term Designator will source of confusion
--> We need to discuss branding. Would empowered community be more apprrppriate?
- Suggestion to use "Empowered Community"
- On Fundamental Bylaws, escalation process should not apply here. There should not be petition step. Approval has to happen as part of process. Keep
conference call and potentially community forum but no petition step. It's a co-approval process.
- What is official status of model?
--> Sole Designator model is our model of reference. We should talk about empowered community. Designator is only term we can use in legal context
CONCLUSION Comments will be needed by November 10th - 23:59 UTC on mailing list to enable us to make changes in time. This applies to feedback
from lawyers and advisors. Focus on messaging, not wording. We have agreed to refine Fundamental Bylaws process and to use "Empowered
Community" instead of "Designator Model"
ACTION ITEM - Jordan to send language on Fundamental Bylaws on list
Budget
Xavier is working on framework for defining caretaker budget. Writing Team has summarized budget process. we have resolved all issues that were
raised in public comment process.
CONCLUSION: Agreement on budget
IRP Implementation Oversight
Call for volunteers to join oversight Team. This Team would be tasked to oversee lawyers work with regards to drafting of Bylaws, rules of procedures,
selection of panelists etc. We are looking for 5-7 volunteers. Skill-based assignments. We encourage Omnudsman and representaton from ICANN Legal department to join this effort.This group would provide guidance
to lawyers and oversee drafting. Any outcomes would go to full CCWG for discussion. Becky Burr has volunteered for this group.
AOB - none