Notes-Recordings-Transcript links for CCWG ACCT WP1 Meeting #4 11 March
Dear All, The notes, recordings and transcripts for the WP1 Meeting #4 - 11 March will be available here: https://community.icann.org/pages/viewpage.action?pageId=52891346 Action Items Action: Jordan to ask the co-chairs as to how to deal with the jurisdiction issues Action: staff to send announcement for next call, 21:00-23:00 UTC Wednesday 18 March Notes 1. Consideration of Agenda Items for the agenda? No 2. Report back from CCWG meeting How to approach the meeting in Istanbul. Sense from co-Chairs, that any controversial or difficult issues have been socialized on a CCWG call 3. Discussion of Work Items in progress WP1 work start charts. Work on the issues in red, except 6a 6b. Nor work on defining GAC consensus Bylaws matter and his AoC matters that had not been addressed by Steve: 3, 4, 7, 8 Document: Proposal for incorporating elements of the AoC into the ICANN bylaws. Recommendations for text that should be taken into the bylaws. Note about the AoC language on jurisdiction issue. Bylaws are silent on ICANN remaining an not for profit while the AoC commits and operating as multi-stakeholder organization for the benefit of the public.. Suggestion that jurisdiction may be one issue that may need to be shelved when moving AoC text into the bylaws There has been an expectation set about remaining a US corporation, with CCWG email discussion about letters from Senator Rubio (+ others) Action: Jordan to ask the co-chairs as to how to deal with the jurisdiction issues * AoC document access 5b 1 and 2. Text from the scope, powers and mechanisms document as starting point "prevent ICANN from imposing obligations on others unless needed to operate DNSCreate an Accountability Contract between ICANN and Registries, Registrars, and Registrants. Contract lets ICANN impose rules on others only when supported by consensus of affected parties and necessary to protect operation of the DNS. Disputes go to independent arbitration panel that could issue binding decisions.-or-Describe this limitation in a 'golden' Bylaw or Article that cannot be amended by any means." Golden rule not needed, a founding document or constitution more appropriate, and agreement with this thou off topic and more for WP2 and the compact Keith to continue on work on clarifying ICANN's technical mission, this has been transitioned to WP2 and continues WP1-7A: Removing ICANN Board Asked to considered ways to remove the whole board a new power, but a triggered mechanisms so belong is WP1 Need somebody to do it. Suggesting a community council to do this Proposal suggests that the community council should be somewhat separated, giving more accountability. Will be a issue for discussion. Members appointed by SO/AC for 1 year. Frequent election and barring of long terms to keep dynamism. Q: does the proposal work for other structures (supervisory board etc)? A: ecision thresholds, caretaker mechanism could be the same. Is a new body (cc) required? When the SO/AC structures exist? A. a number of powers giving the community, (bylaws approvals etc) and a new body may come together to consider those. The SO/AC structures not able to do this, too autonomous. May ask Advisors to consider this. CC as a type of senate. Of the community but slightly detached. Standing described is a very high bar. Should it have lower level of triggers? Is it a nuclear option, Or is it a means for some part of the community to raise very significant concerns with the rest of the community. Community veto. community veto. a process to challenge certain boar d"high end" decisions, a discrete set of pre-determined issues. Two SO to trigger a challenge, and then for the community to consider a veto under their own procedures. The Board then takes a subsequent vote to consider the community decisions or to reject the veto, but that set to a very high standard, 4/5 etc of voting. And if vetoed it would be sent back to the community for further work and adoption by the organization. An equivalent to the community council. discussion needed on which mechanisms are preferred. 1a and b. Looked at member structure, for update on legal issues with a final version next week 4. Next steps in our work 5. Next Meetings Agenda 4 & 5 Wed 18 At 21:00 UTC for 2 hours. Meeting Sunday in Istanbul, but remote participation not possible - not for formal work but more swapping of work. Action: staff to send announcement for next call, 21:00-23:00 UTC Wednesday 18 March
Hello All,
Bylaws are silent on ICANN remaining an not for profit while the AoC commits and operating as multi-stakeholder organization for the benefit of the public..
Note that while the bylaws are silent on that topic, the Articles of Incorporation do speak to these points. From: http://en.wikipedia.org/wiki/Articles_of_Incorporation "The "Articles of Incorporation" (sometimes also referred to as the Certificate of Incorporation or the Corporate Charter) are the primary rules governing the management of a corporation in the United States and Canada, and are filed with a state or other regulatory agency." Also this article gives a simple description of the different purposes of the Articles of Incorporation and the Bylaws: http://www.legalflip.com/Article.aspx?id=56&pageid=295 The Articles of Incorporation set the framework for the organization and the bylaws set out how the organization runs on a day-to-day basis. So I thin it is important to get the language of ICANN's purpose, multi-stakeholder nature, and public benefit clear in the Articles of Incorporation. The ICANN Articles of Incorporation at: https://www.icann.org/resources/pages/articles-2012-02-25-en?routing_type=pa... state: - This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. - It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. - the Internet is an international network of networks, owned by no single nation, individual or organization - pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet - The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organizations. I think the last point above in particular could be amended to include the multi-stakeholder language that is common today, and to reinforce that it is to the benefit of the public. Regards, Bruce Tonkin
I absolutely agree with Bruce. ---------------------------------------------------------------------------- ---- Tijani BEN JEMAA Executive Director Mediterranean Federation of Internet Associations (FMAI) Phone: + 216 41 649 605 Mobile: + 216 98 330 114 Fax: + 216 70 853 376 ---------------------------------------------------------------------------- ---- -----Message d'origine----- De : accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] De la part de Bruce Tonkin Envoyé : vendredi 13 mars 2015 23:32 À : accountability-cross-community@icann.org Objet : Re: [CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT WP1 Meeting #4 11 March Hello All,
Bylaws are silent on ICANN remaining an not for profit while the AoC commits and operating as multi-stakeholder organization for the benefit of the public..
Note that while the bylaws are silent on that topic, the Articles of Incorporation do speak to these points. From: http://en.wikipedia.org/wiki/Articles_of_Incorporation "The "Articles of Incorporation" (sometimes also referred to as the Certificate of Incorporation or the Corporate Charter) are the primary rules governing the management of a corporation in the United States and Canada, and are filed with a state or other regulatory agency." Also this article gives a simple description of the different purposes of the Articles of Incorporation and the Bylaws: http://www.legalflip.com/Article.aspx?id=56&pageid=295 The Articles of Incorporation set the framework for the organization and the bylaws set out how the organization runs on a day-to-day basis. So I thin it is important to get the language of ICANN's purpose, multi-stakeholder nature, and public benefit clear in the Articles of Incorporation. The ICANN Articles of Incorporation at: https://www.icann.org/resources/pages/articles-2012-02-25-en?routing_type=pa th state: - This Corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. - It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. - the Internet is an international network of networks, owned by no single nation, individual or organization - pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet - The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organizations. I think the last point above in particular could be amended to include the multi-stakeholder language that is common today, and to reinforce that it is to the benefit of the public. Regards, Bruce Tonkin _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community --- Ce courrier électronique ne contient aucun virus ou logiciel malveillant parce que la protection avast! Antivirus est active. http://www.avast.com
participants (3)
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Brenda Brewer -
Bruce Tonkin -
Tijani BEN JEMAA