The board’s obligation to “try to find a mutually acceptable solution” will only apply for GAC advice that is approved by broad agreement in the absence of any formal objection.
For GAC advice that is "approved by broad agreement in the absence of any formal objection”, the ICANN board needs 60% threshold to reject, instead of 50%. That is an increase of 1 board vote, relative to today’s bylaws. It is one vote less than the 2/3 threshold published in the CCWG 3rd draft.
Formal Advice from any AC must include a rationale.
If the community is considering a challenge to the Board’s implementation of GAC Advice, the community decision should not be blocked by the GAC as a decisional participant. So the GAC will not be given a formal decisional role in a community decision on whether to challenge board action based on GAC advice. We designed a process for this carve-out, which I’ll share before our BC call this week.
The Cross Community Working Group on Enhancing ICANN’s Accountability (CCWG-Accountability) has ushered in 2016 with a full schedule and renewed dedication to its mission.
Following the release of the
staff report and the
summary of public comments, both of which were published on 8 January, the group wasted no time in setting up a rigorous schedule of conference calls for the rest of the month.
The schedule was designed to enable inclusive and informed debates about the input received during the 21-day public comment period and the feedback provided by the six Chartering Organizations
of CCWG-Accountability.
The dedication of our members and participants, along with the increased involvement by members of the ICANN Board, has allowed us to make significant progress over the past four weeks. The
collaborative environment has brought us even closer to our goal of a consensus proposal that will meet the requirements of the National Telecommunications and Information Administration (NTIA) and fulfill the dependencies of the CWG-Stewardship in the ICG
Final Proposal.
Here is the current status of each CCWG-Accountability Work Stream 1 Recommendations:
|
Recommendation #1: Establishing an Empowered Community for Enforcing Community Powers |
Finalized. |
|
Recommendation #2: Empowering the Community Through Consensus: Engagement, Escalation, Enforcement |
Final comments by CCWG-Accountability. Expect final by February 5th. |
|
Recommendation #3: Redefining ICANN’s Bylaws as ‘Standard Bylaws’ and ‘Fundamental Bylaws |
Finalized. |
|
Recommendation #4: Ensuring Community Engagement in ICANN Decision-making: Seven New Community Powers |
Edits to reflect input on PTI budget (CWG-Stewardship) and indemnification language for removal of Directors by the Empowered Community. |
|
Recommendation #5: Changing Aspects of ICANN’s Mission, Commitments and Core Values |
Still under discussion by the CCWG-Accountability. |
|
Recommendation #6: Reaffirming ICANN’s Commitment to Respect Internationally Recognized Human Rights as it Carries Out its Mission |
Final comments by CCWG-Accountability. Expect final by February 5th. |
|
Recommendation #7: Strengthening ICANN’s Independent Review Process |
Edits to reflect input on applicability to PTI. |
|
Recommendation #8: Improving ICANN’s Request for Reconsideration Process |
Final comments by CCWG-Accountability. Expect final by February 5th. |
|
Recommendation #9: Incorporating the Affirmation of Commitments in ICANN’s Bylaws |
Still under discussion by the CCWG-Accountability. |
|
Recommendation #10: Incorporating the Affirmation of Commitments in ICANN’s Bylaws |
Final draft to be reviewed by lawyers before final comments by CCWG-Accountability. Expect final by February 5th. |
|
Recommendation #11: Board Obligations with regards to Governmental Advisory Committee Advice (Stress Test 18) |
Still under discussion by the CCWG-Accountability. |
|
Recommendation #12: Committing to Further Accountability Work in Work Stream 2 |
Finalized. |
For the latest versions of all of the recommendations above, visit the
CCWG-Accountability wiki.
After consensus has been reached on our few outstanding issues, the CCWG-Accountability will develop a “supplemental” report of the Work Stream 1 Recommendations, including a summary of changes
from the Third Draft Report.
The supplemental report is currently being developed, and will go through an
open and transparent process of 1) CCWG-Accountability consultation, 2) support staff editing/proofing, 3) co-Chair and Rapporteur finalization, 4) legal review and 5) final publication. Our hope is that the majority of changes from the Third Draft Report
will relate to specificities of implementation rather than content, and as such, an additional public comment period will not be necessary before approval by the Chartering Organizations.
Our goal is to distribute the supplemental report to our Chartering Organizations in time for consideration and approval on all Work Stream 1 Recommendations at ICANN55 in Marrakech.
Keeping in mind the working methods for the various Supporting Organizations and Advisory Committees, we ask that this be into account as the Chartering Organizations plan their discussions and schedules leading into and during ICANN55. With that said, we
encourage any Chartering Organizations that can deliberate and/or approve the Work Stream 1 Recommendations prior to Marrakech to do so.
We are grateful for the increased involvement of the ICANN Board as our work has progressed since the Third Draft Report. It has been helpful to understand Board comments in real-time, including
ways to ensure any global public interest concerns are debated and considered as the recommendations are being revised. We hope to continue this open dialogue as the supplemental report is finalized, and ask the ICANN Board to be mindful of the timeline as
they plan their review period of the Work Stream 1 Recommendations and submission to NTIA.
CCWG-Accountability co-Chairs
Mathieu Weill, Thomas Rickert, León Sanchez