Agreed. And importantly, even if the ICANN Board is reluctant to adopt them, NTIA could require them to do so in response to a consensus community recommendation. Keith From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Paul Rosenzweig Sent: Tuesday, January 06, 2015 1:09 PM To: Mathieu.Weill@afnic.fr; 'Roelof Meijer'; 'Bruce Tonkin'; 'Greg Shatan' Cc: accountability-cross-community@icann.org Subject: Re: [CCWG-Accountability] WS1 vs WS2 recap and proposals +1 ... this is exactly right Mathieu. The Board can, if it wishes, adopt these commitments. Paul **NOTE: OUR NEW ADDRESS -- EFFECTIVE 12/15/14 *** 509 C St. NE Washington, DC 20002 Paul Rosenzweig paul.rosenzweig@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 Link to my PGP Key<http://www.redbranchconsulting.com/index.php?option=com_content&view=article...> From: Mathieu Weill [mailto:mathieu.weill@afnic.fr] Sent: Tuesday, January 6, 2015 12:14 PM To: Roelof Meijer; Bruce Tonkin; Greg Shatan Cc: accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org> Subject: Re: [CCWG-Accountability] WS1 vs WS2 recap and proposals Hi Roelof, All, I may be missing something but would kindly challenge your statement that the Board would not submit to such a proposal (force implementation of items they resist to). Please note that I provide the examples below only as illustrations and not as candidate mechanisms for our group. First of all, it is routine governance in many organisations, including private corporations or not for profits (such as Afnic which I know well), that Boards operate under the authority of general assemblies, and therefore have to submit to decisions from another body. It is even often considered good practice (for some, but not all, decisions at least, such as bylaw changes or Board appointments). Secondly, many corporate Boards willingly commit to governance codes of conduct all over the world that limit their authorities. One of the latest examples being the "say on pay" trend amongst listed companies whereby Board submit resolutions regarding executive compensation for approval to the general assemblies (http://en.wikipedia.org/wiki/Say_on_pay). So in order to comply with stakeholder expectations, it is an established practice that Boards do limit their own "powers". But once again, I may have misunderstood your point. Best Mathieu Le 06/01/2015 16:17, Roelof Meijer a écrit :
mechanisms in WS1 adequate to force implementation of WS2 items in the event of resistance from ICANN management and Board
How can we reasonably expect the (ICANN) board to commit to such a proposal (to force implementation of items that they do not agree to)? It would do so blindly, not knowing beforehand what those items would be. No sensible board would ever agree to this. And should not, as we as a working group are not all-knowing. And we know that the chances that the public comments on our proposals will show full consensus are nil. And even if there was a full consensus in the public comments, we know for sure that this does not equal public consensus. Cheers, Roelof Meijer SIDN | Meander 501 | 6825 MD | P.O. Box 5022 | 6802 EA | ARNHEM | THE NETHERLANDS T +31 (0)26 352 55 00 | M +31 (0)6 11 395 775 | F +31 (0)26 352 55 05 roelof.meijer@sidn.nl<mailto:roelof.meijer@sidn.nl> | www.sidn.nl<http://www.sidn.nl/> From: Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au<mailto:Bruce.Tonkin@melbourneit.com.au>> Date: dinsdag 6 januari 2015 15:02 To: Greg Shatan <gregshatanipc@gmail.com<mailto:gregshatanipc@gmail.com>> Cc: "accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>" <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-Accountability] WS1 vs WS2 recap and proposals Works for me. From: Greg Shatan [mailto:gregshatanipc@gmail.com] Sent: Tuesday, 6 January 2015 11:57 PM To: Bruce Tonkin Cc: accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org> Subject: Re: [CCWG-Accountability] WS1 vs WS2 recap and proposals How about: All other consensus items could be in WS2, provided there are mechanisms in WS1 adequate to force implementation of WS2 items in the event of resistance from ICANN management and Board. Greg Shatan On Tue, Jan 6, 2015 at 7:10 AM, Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au<mailto:Bruce.Tonkin@melbourneit.com.au>> wrote: Hello All,
WS 1 is designated for accountability mechanisms that must be in place of rimly committed to before IANA transition occurs. All other consensus items could be in WS2, provided there are mechanisms in WS1 adequate for force implementation of WS2 items despite resistance from Icann management and Board.
If possible I would like to see the last phrase read: "in case of resistance from ICANN Management and Board". The current wording seems to assume there is some sort of default resistance. Regards, Bruce Tonkin _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community -- ***************************** Mathieu WEILL AFNIC - directeur général Tél: +33 1 39 30 83 06 mathieu.weill@afnic.fr<mailto:mathieu.weill@afnic.fr> Twitter : @mathieuweill *****************************