April 2013 - atrt2 - lists.icann.org

Responses to ATRT2 Questions - SSR RT Recommendations Implementation
by Denise Michel April 30, 2013

April 30, 2013

Dear Team members, Responses on implementation of the Security Stability and Resiliency of the DNS Review Team (SSR RT) report will be delayed. As I've shared with Brian, due to unanticipated staff leave, the responses for the SSR RT recommendations are expected to be delivered Friday morning. We apologize for any inconvenience this may cause and, if needed, we will be happy to arrange additional discussion time on this topic beyond what is scheduled Friday afternoon. Regards, Denise Denise Michel VP Strategic Initiatives & Advisor to the President ICANN denise.michel(a)icann.org +1.408.429.3072 mobile +1.310.578.8632 direct denisemichelicann skype

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Re: [atrt2] [GAC] Questions to the Community on Accountability and Transparency within ICANN
by Alice Jansen April 30, 2013

April 30, 2013

Dear Carlos, This is to confirm that the substantive portion of the translations (questions and announcement) was posted on the ICANN website yesterday: http://www.icann.org/en/news/announcements/announcement-2-02apr13-en.htm The public comment period was extended in line with the ATRT 2's decision reached on Thursday, 25 April: * Comment Open Date: 29 April 2013 * Comment Close Date: 19 May 2013 - 23:59 UTC * Reply Open Date: 20 May 2013 * Reply Close Date: 9 June 2013 - 23:59 UTC Thanks, Kind regards From: "Carlos Raúl G." <carlosraul.gutierrez(a)sutel.go.cr<mailto:carlosraul.gutierrez@sutel.go.cr>> Date: Monday, April 29, 2013 4:11 PM To: ATRT2 <atrt2(a)icann.org<mailto:atrt2@icann.org>>, Alice Jansen <alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>>, Jeannie Ellers <jeannie.ellers(a)icann.org<mailto:jeannie.ellers@icann.org>> Subject: Fwd: [GAC] Questions to the Community on Accountability and Transparency within ICANN Dear Alice! Do we have the translations ? Thank you Carlos Raúl Gutiérrez SUTEL, Costa Rica +506 4000 0010 Oficina +506 8335 2487 Móvil +506 2215 6821 Fax Inicio del mensaje reenviado: De: GAC Secretariat <gacsec(a)gac.icann.org<mailto:gacsec@gac.icann.org>> Fecha: 29 de abril de 2013 15:50:07 GMT-06:00 Para: "gac(a)icann.org<mailto:gac@icann.org>" <gac(a)icann.org<mailto:gac@icann.org>> Asunto: [GAC] Questions to the Community on Accountability and Transparency within ICANN Dear GAC, As a reminder, the Accountability and Transparency Review Team 2 (ATRT 2) have posted a set of questions (attached) for public comment to assist the ATRT 2 in their work. The deadline for this public comment period is 2 May 2013. You can find further information on the ICANN website here: http://www.icann.org/en/news/public-comment/atrt2-02apr13-en.htm Best regards, Jeannie Ellers ________________________________ Comment / Reply Periods (*) Comment Open Date: 29 April 2013 Comment Close Date: 19 May 2013 - 23:59 UTC Reply Open Date: 20 May 2013 Reply Close Date: 9 June 2013 - 23:59 UTC Important Information Links Public Comment Announcement<http://www.icann.org/en/news/announcements/announcement-2-02apr13-en.htm> To Submit Your Comments (Forum)<mailto:comments-atrt2-02apr13@icann.org> View Comments Submitted<http://forum.icann.org/lists/comments-atrt2-02apr13/> Brief Overview Originating Organization: Accountability and Transparency Review Team 2 (ATRT 2) Categories/Tags: * AoC * ATRT * Reviews/Improvements * Transparency/Accountability Purpose (Brief): With the goal of producing final recommendations by 31 December 2013, the second Accountability and Transparency Review Team (ATRT 2), mandated by paragraph 9.1 of the Affirmation of Commitments (AoC), is currently in the process of defining its scope, roadmap and work program. To inform its work, the ATRT 2 now seeks input from the Community on a set of questions<http://www.icann.org/about/aoc-review/atrt/community-questions-02apr13-en.p…> [PDF, 129 KB] compiled for the Community’s consideration. Community participation is essential to the success of the review and all input will be carefully considered. The ATRT 2 welcomes any additional feedback. Current Status: Questions to the ICANN Community Next Steps: Public comments are requested to inform Accountability and Transparency Review Team 2 (ATRT 2) actions. Staff Contact: Alice Jansen Email Staff Contact<mailto:alice.jansen@icann.org?subject=More%20information%20on%20the%20Questions%20to%20the%20Community%20on%20Accountability%20and%20Transparency%20within%20ICANN%20public%20comment%20period> Detailed Information Section I: Description, Explanation, and Purpose: The second Accountability and Transparency Review Team (ATRT 2), mandated by paragraph 9.1 of the Affirmation of Commitments (AoC), commenced its activities in February 2013. With the goal of producing final recommendations by 31 December 2013, the Review Team is currently in the process of defining its scope, roadmap and work program. To date, the Review Team has identified issues, projects to review in light of the AoC requirements and divided the work into four work streams: 1. ATRT1 – review of implementation of ATRT1 Review Team recommendations + any new recommendations – AoC 9.1 (a)-(e); 2. Security, Stability and and Resiliency – review of implementation of SSR Review Team recommendations - AoC 9.2(a)-(c); 3. WHOIS – review of implementation of WHOIS Review Team Team recommendations AoC 9.3.1; 4. Consider the extent to which assessments and actions undertaken by ICANN have been successful in ensuring that ICANN is acting transparently, is accountable for its decision-making, and acts in the public interest. To inform its work, the ATRT 2 now seeks input from the Community on a set of questions<http://www.icann.org/about/aoc-review/atrt/community-questions-02apr13-en.p…> [PDF, 129 KB] compiled for the Community’s consideration. Community participation is essential to the success of the review and all input will be carefully considered. The ATRT 2 welcomes any additional feedback. Section II: Background: As prescribed by the Affirmation of Commitments<http://www.icann.org/en/about/agreements/aoc/affirmation-of-commitments-30s…> (AoC), ICANN is to organize a review of its accountability and transparency commitments no less frequently than every three years. The first Accountability and Transparency Review Team (ATRT) was launched in early 2010, delivered its final report on 31 December 2010, and ICANN's Board approved implementation of the report's recommendations on 24 June 2011 (for further information, refer to: http://www.icann.org/en/about/aoc-review/atrt) On 5 October 2012, ICANN invited<http://www.icann.org/en/news/announcements/announcement-05oct12-en.htm> interested individuals to apply for a position of Volunteer Review Team Member, representing a Supporting Organization or Advisory Committee, or for a position of Independent Expert on the second Accountability and Transparency Review Team (ATRT 2), consistent with the AoC timeframe. The ATRT 2 composition was announced<http://www.icann.org/en/news/announcements/announcement-2-15feb13-en.htm> on 15 February 2013 and held its first face-to-face meeting in Los Angeles on 14-15 March 2013. Section III: Document and Resource Links: * Questions for the ICANN Community on the Impact of Previous Reviews and Inputs for the ATRT2<http://www.icann.org/about/aoc-review/atrt/community-questions-02apr13-en.p…> [PDF, 129 KB] * Affirmation of Commitments (AoC)<http://www.icann.org/en/about/agreements/aoc/affirmation-of-commitments-30s…> [PDF, 356 KB] Section IV: Additional Information: Please submit your comments to comments-atrt2-02apr13(a)icann.org<mailto:comments-atrt2-02apr13@icann.org> by 2 May 2013. The reply period will open on 3 May 2013 and will close on 24 May 2013. The ATRT 2 activities and materials may be viewed on the Team's public wiki<https://community.icann.org/pages/viewpage.action?pageId=40176025>. The ATRT 2 invites the Community to share their unique feedback with them in Beijing on Wednesday, 10 April – 11:00-12:30 (Grand Hall A) – please refer to session details for full information: http://beijing46.icann.org/node/37175 ________________________________ (*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.

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Responses to ATRT2 Questions - ATRT1 Recommendations Implementation
by Larisa B. Gurnick April 30, 2013

April 30, 2013

Dear Review Team Members, Attached is a spreadsheet that contains responses to each of your questions from the project owners of ATRT 1 recommendations implementation, in preparation for the 2-3 May meeting. Kindly note that this sheet includes responses provided by staff as well as -- for the GAC and NomCom-related recommendations -- the input received from key GAC and NomCom members, respectively, involved in the implementation process. * The spreadsheet references parties involved in the implementation and organizes the recommendations based on areas of focus. * A Reference Materials tab encapsulates the hyperlinks flagged in the spreadsheet. * Responses pertaining to Governmental Advisory Committee Operations, Engagement, Interaction with Board reflects the work of the BGRI-WG. * Responses relating to the NomCom include separate input contributed by Vanda Scartezini, 2012 NomCom Chair (identified with her initials). * While every effort was made to provide complete and detailed responses, staff and the Board, NomCom and GAC members who had a leadership role in implementation may submit supplemental information. * The implementation work for WHOIS and SSR recommendations will be provided shortly, using the same format. Staff looks forward to further discussing the implementation process with you in Los Angeles. Larisa B. Gurnick Consultant/Reviews Senior Director Internet Corporation for Assigned Names and Numbers (ICANN) larisa.gurnick(a)icann.org<mailto:larisa.gurnick@icann.org> 818 825-5231

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Los Angeles Draft Agenda
by Alice Jansen April 30, 2013

April 30, 2013

Dear Review Team Members, Attached you will find the draft agenda you adopted on Thursday, 25 April (call 04), subject to any modification in Los Angeles. Kindly note that this is also available on your public wiki at: https://community.icann.org/display/ATRT2/Los+Angeles+-+2-3+May+2013 and https://community.icann.org/pages/viewpage.action?pageId=40176025 , Very best regards Alice ---- Alice Jansen Strategic Initiatives Manager ICANN Rond Point Schuman 6, Bt.1 B-1040 Brussels, Belgium Office: +32 289 474 03 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann Email: alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>

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Plans for LA
by Alan Greenberg April 28, 2013

April 28, 2013

Are there any dinner plans, formal or informal? And can we have a list of who will be attending in person? I will be there and am scheduled to arrive at 4:40 pm on Wednesday. Alan

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Question about the role of AOC Review Teams within ICANN
by Avri Doria April 25, 2013

April 25, 2013

Hi, I hope this is on topic, and wanted to bring it up head-on because I am not sure that all have a similar understanding. When I first read about the AOC I understood it to be a 'soft' oversight mechanism that was replacing, at least in part, the previous oversight mechanisms as had been part of the MOU and more directly of the previous contract with ICANN. Of course direct oversight still exists of the IANA functions and of the Verisign operations on the root. I found this new form of bottom-up multistakeholder oversight quite an exciting possibility and put a lot of faith in its potential. While I understand that the full nature and practice of the new ICANN oversight mechanism is still unfolding and in some sense experimental as one of the first bottom up multistakeholder oversight mechanisms of its kind, I beleive the review teams are supposed to act as oversight to ICANN: Board, Paid Staff (including CEO and Senior Executives), and Volunteer organizations. Due to reputed California legal constraints regarding corporate fiduciary responsibilities of Board of Directors, it is only soft oversight in that its recommendations, especially with regard to financial fiduciary maters, are not legally binding despite the fact that they are normative recommendations. As I interact with many in the community, including some senior staff members, I gather that my understanding does not match their understanding. So I am wondering: do I have it wrong? Do we in ATRT2 have the responsibility to see ourselves as part of an ongoing bottom-up multistakeholder oversight within the organization. Can we look at the recommendations of the previous review teams as oversight mandates that must be respected and implemented. Or does a prevailing impression I get from many on senior staff and some on the Board that these are recommendation that like the recommendations of Advisory Committees: only advisory and ignorable. I think getting this straight within this group and between ATRT2 and the Governing structure of the organization is critical to the judgements we need to make during the course of our work. I beleive we, the collective members of the various review groups, are responsible for overseeing the organization we care about so much. I do not have the impression that the powers that be in ICANN see it that way. What do others think? Do I have it completely wrong? Are we just another advisory committee? avri

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REMINDER - Call today @ 14:00 UTC
by Alice Jansen April 25, 2013

April 25, 2013

Dear Review Team Members, This is to kindly remind you that you have a conference call scheduled for today – Thursday, 25 April – at 14:00-15:30 UTC. Please check your local time via the time converter: http://www.timeanddate.com/worldclock/fixedtime.html?msg=Call+04+-+25+April… Kindly refer to the calendar invite for dial-in details. The session will be streamed via the Adobe Connect room: http://icann.adobeconnect.com/atrt2/ as well as the stream link: http://stream.icann.org:8000/atrt See attached the call materials and agenda. The agenda is available on your public wiki at: https://community.icann.org/display/ATRT2/Conference+Call+04 Thanks! Very best regards Alice ---- Alice Jansen Strategic Initiatives Manager ICANN Rond Point Schuman 6, Bt.1 B-1040 Brussels, Belgium Office: +32 289 474 03 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann Email: alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>

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Re: [atrt2] AGENDA + MATERIALS - Thurs, 25 April confcall
by Brian Cute April 25, 2013

April 25, 2013

Thanks Alice. How many confirmed attendees do we have from the ATRT2 nominees? Regards, Brian Sent from my iPhone On Apr 24, 2013, at 3:04 AM, "Alice Jansen" <alice.jansen(a)icann.org> wrote: > Dear Review Team Members, > > In anticipation of your conference call scheduled for Thursday, 25 April – 14:00-15:30 UTC ( time converter: http://www.timeanddate.com/worldclock/fixedtime.html?msg=Call+04+-+25+April…) please find attached the following for your consideration: > > * Proposed conference call agenda; > * Preliminary report of call 02; > * Preliminary report of Beijing meeting; > * Draft Los Angeles Meeting agenda; > Thank you. > > Very best regards > > Alice > ---- > Alice Jansen > Strategic Initiatives Manager > ICANN > Rond Point Schuman 6, Bt.1 > B-1040 Brussels, Belgium > Office: +32 289 474 03 > Mobile: +32 4 73 31 76 56 > Skype: alice_jansen_icann > Email: alice.jansen(a)icann.org<mailto:alice.jansen@icann.org> > <Proposed agenda - 25 April Confcall.docx> > <ATRT 2 - Prelrep - 28.03.13 - foryourconsideration.docx> > <Prel report - Beijing - Draft for your consideration.docx> > <ATRT 2 - LA Mtg - 2-3 May - Draft Agenda.docx> > _______________________________________________ > atrt2 mailing list > atrt2(a)icann.org > https://mm.icann.org/mailman/listinfo/atrt2

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Call with ICANN Staff
by Alice Jansen April 24, 2013

April 24, 2013

Dear Review Team Members, This is to notify you that the recording and chat transcript of your conference call with ICANN staff are available on your public wiki at: https://community.icann.org/display/ATRT2/Conference+Call+03+-+with+ICANN+S… The call transcript and preliminary report will be posted as soon as available. Thank you Best regards Alice ---- Alice Jansen Strategic Initiatives Manager ICANN Rond Point Schuman 6, Bt.1 B-1040 Brussels, Belgium Office: +32 289 474 03 Mobile: +32 4 73 31 76 56 Skype: alice_jansen_icann Email: alice.jansen(a)icann.org<mailto:alice.jansen@icann.org>

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Special Commission Calls for Internet Commissioner in Germany - SPIEGEL ONLINE
by Carlos Raúl Gutierrez April 24, 2013

April 24, 2013

Dear ATRT2 colleagues! I found this interesting news from Germany's parliamentary commissions final report on the Internet and the Digital Society, after more than two years of discussions. The sub-report on "International and Internet Governance" (in which Wolfgang Kleinwäcther represented local civil society and I attach herunder) makes a very interesting reading indeed on what Governments (or Parliaments) may think about ICANN governance. One of its recommendations on page 22 says (more or less): Currently, the structures of the Internet in the allocation of IP address blocks are under control of highly centralized organizations ICANN and IANA, and beyond that, also regulation of the top-level domains. In this way (internet) central functions are under direct control of the U.S. government. The Study Commission is in favor of a broader regulatory structure of ICANN and IANA. She wants a stronger commitment of the Federal (German) Government in this matter and a more active support of the activities of the European Union. (Original: Derzeit sind die Strukturen des Internets im Bereich der Vergabe von IP-Adressblöcken stark auf die Organisatio- nen ICANN und IANA zentralisiert und darüber hinaus auch die Regulierung der Top-Level-Domains. Damit un- terstehen zentrale Funktionen dem direkten Durchgriff der US-Regierung. Die Enquete-Kommission spricht sich für eine breitere Aufsichtsstruktur von ICANN und IANA aus. Sie wünscht sich ein stärkeres Engagement der Bun- desregierung in dieser Sache und eine aktivere Unterstüt- zung der Aktivitäten der Europäischen Union.) I attach the full sub-report but I'm still looking for a background paper often cited in the report produced by the Parliaments staff, which seems to have a great weight on the report and puts ICANN head to head against ITU. Best regards Carlos Raúl Gutierrez -- crg(a)isoc-cr.org Skype carlos.raulg +506 7070 7176 http://www.spiegel.de/international/germany/special-commission-calls-for-in… Net Politics: Report Calls for German Internet Commissioner In a country where Internet privacy can often be a major political issue, the recommendations came as little surprise. A special commission set up by Germany's parliament, the Bundestag, submitted its final report Thursday evening, recommending that the German government get more serious about Internet-related issues and even establish the office a permanent Internet commissioner. The 1,300-page report was drafted over three years by an Internet and Digital Society Commission made up of 17 parliamentarians and 17 experts from outside parliament. The main recommendations among several hundred were to solidly anchor Internet-related policies as a dedicated committee within the Bundestag -- similar to other bodies like the foreign affairs or budget committee -- and to create a related minister of state position, such as those that the government already has for federal-state coordination, migration, refugees and integration, and culture and media. Among other major recommendations were reforming copyright laws, strengthening infrastructure against online attacks and expanding broadband access. "The most important thing is that the Internet inquiry was there at all," Axel Fischer, a member of Chancellor Angela Merkel's center-right Christian Democratic Union (CDU) who chaired the commission, told the German news agency DPA. "We should know and acknowledge that the subject is relevant -- and keep at it." Growing Importance in Germany The issues handled by the commission are of particular importance in Germany, where matters related to online privacy and the power of computer-related companies are very present in voters' minds. The online giant Google has been repeatedly criticized for violating privacy rights with products such as its Street View application, and data-protection authorities have sparred with Facebook on issues such as requiring users to use their real names. Last February, thousands of protesters gathered in more than 50 German cities to demonstrate against the Anti-Counterfeiting Trade Agreement (ACTA), a multinational treaty that aims to help the music and film industries combat Internet piracy and intellectual property theft. Interests in related topics even gave rise to Germany's Pirate Party, which has scored a number of impressive state elections results in recent years and rocked the political landscape in early 2012 by seizing 13 percent of the vote in an opinion poll. Since then, however, internal bickering, leadership issues and a series of scandals have caused its support to nosedive to a paltry 3 percent, according to a recent poll. A party requires 5 percent of the vote in order to gain seats in parliament in Germany. In terms of government architecture, related issues are currently under the aegis of the Federal Commissioner for Data Protection and Freedom of Information (FtDF). The agency, which is under the supervision of Germany's Interior Ministry, monitors data protection and data access in both the private and public spheres. A number of non-EU countries, such as Australia, Canada, Hong Kong, India, Israel and Taiwan, have "information commissions, "privacy commissioners" or "data protection commissioners" with similar duties. Data protection at the EU level is handled by the Commissioner of Justice, Fundamental Rights and Citizenship, which is currently pushing the adoption of the General Data Protection Regulation (GDPR) to supersede its Data Protection Directive 95/46/EC and cover more issues dealing with social networks, cloud computing, data protection and privacy. Likewise, all 27 EU member states have offices responsible for related issues. Where Now? Despite the strong voice of the recommendations, there were reportedly still rifts within the commission. Alvar Freude, an expert appointed to the commission by the center-left Social Democrats, told DPA that party divisions led some recommendations to be excluded and for the final report to include a number of "dissenting opinions" from commission members representing opposition parties. Indeed, these parties have already expressed frustration over the report. Halina Wawzyniak, a parliamentarian for the far-left Left Party, complained that the recommendations "could have absolutely been bolder" and that only recommendations that can later flow into concrete legislative proposals were delivered. Thomas Jarzombek, a commission member from the CDU, countered charges of excessive partisanship, noting that a number of lawmakers from his party have become more open to Internet issues and that "a whole lot of persuading work" had been done over the last three years. Although the commission's description of the situation has garnered unanimous praise, there has also been much criticism, primary from opposition parties, about the report's lack of common guidelines or directives for moving forward. "A lot of fundamental issues still remain," said Brigitte Zypries, an SPD parliamentarian who was Germany's justice minister between 2002 and 2009. Other comments were more forceful. "The end of the commission of inquiry is not the end of Internet policies in the Bundestag, it must be the beginning," Konstantin von Notz, a commission member and parliamentarian for the Green Party, told DPA.

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