Dear all,

Please find included the draft resolution for item 3 on the agenda:Decision whether to support submission of the CCWG-Accountability Final Supplemental Report Work stream 1 to the ICANN Board of Directors.

Per the discussion at the Council workshop, this draft resolution is structured in a similar way as the resolution on the CWG-Stewardship Proposals

Kind regards,

Bart

Draft Resolution on the Final Supplemental Proposal of the Cross Community Working Group Accountability Work Stream 1.

Background

On 14 March 2014, the National Telecommunications and Information Administration (NTIA) announced its intention to transition key Internet functions to the global multi-stakeholder community. The NTIA requested that ICANN "convene a multistakeholder process to develop a plan to transition the U.S. government stewardship role" with regard to the IANA Functions and related root zone management.

During discussions around the transition process, the community raised the broader topic of the impact of the change on ICANN's accountability given its historical contractual relationship with the United States and NTIA. Accountability in this context is defined, according to the NETmundial multistakeholder statement, as the existence of mechanisms for independent checks and balances as well as for review and redress.

On 20 November 2014 the ccNSO chartered a Cross Community Working Group to enhance ICANN’s Accountability (CCWG-Accountability). The other chartering organizations are the ALAC, ASO, GAC, GNSO, and SSAC

After intense deliberations and discussions and three consultations of the broad community, the co-chairs of the CWG-Accountability submitted its Final Supplemental Report Work Stream 1 to the chartering organizations on 23 February 2016 to seek their approval for submission of the proposal to the ICANN Board of Directors.

In its Final Report, the CWG-Stewardship has noted that the proposal is significantly dependent and expressly conditioned upon the implementation of ICANN-level accountability mechanisms by the CCWG-Accountability. The CWG-Stewardship has informed the ccNSO Council that the CCWG-Accountability Proposals, if implemented substantially as envisioned, will meet the requirements that the CWG-Stewardship has previously communicated to the CCWG.

The ccNSO Council notes for the record the extensive outreach and engagement efforts to the broad ccTLD community relating to the CCWG-Accountability work by the CCWG-Accountability, the ccNSO appointed members on the CCWG –Accountability members and ccTLD participants, the Regional ccTLD Organizations and the ccNSO itself. In particular the ccNSO Council notes the extensive consultation of the ccTLD community present at the ccNSO meetings in Buenos Aires (ICANN 53), Dublin (ICANN 54) and Marrakesh (ICANN 55).

After intense discussions with the ccTLD managers present at the Marrakesh ccNSO meeting (March 2016), the ccTLD managers present expressed their (support/ broad support/ unanimous support) for the Proposals contained in the CCWG-Accountability Final Supplemental Proposal Work Stream 1.

Resolution

1. The ccNSO Council notes and welcomes the exemplary, long and intensive consultation efforts and process the CCWG-Accountability went through to gather input and feed-back from the community and wholeheartedly thanks all members and participants of the CCWG-Accountability for all their hard work.

2. Taking into account the outreach, engagement and consultation efforts of the CCWG-Accountability, the outreach and engagement efforts of the ccNSO appointed members on this CCWG, and those of the ccNSO and Regional ccTLD Organizations, and taking into account the extensive consultation of the ccTLD community present in Buenos Aires (ICANN 53), Dublin (ICANN 54) and Marrakesh (ICANN 55) the ccNSO Council is in a position to take a decision on whether it supports the submission of the CWG-Stewardship Proposals to the ICG.

3. The ccNSO Council notes that the CWG-Stewardship has indicated that the recommendations contained in the Final Supplemental Report meet the conditional requirements of the CWG-Stewardship.

4. The ccNSO Council notes the <level of support> for the Proposals contained in the Final Supplemental CCWG- Accountability Work Stream 1 Report by the ccTLD community present at the Marrakesh meeting.

5. Taking into account the <level of support> by the ccTLDs present for CCWG-Accountabilities Proposals contained in its Final Supplemental Report, the ccNSO Council < insert level ( broadly, but not unanimously/ unanimously)> supports submission of the CCWG-Accountability Final Supplementary Report Work Stream 1 to the ICANN Board of Directors.

6. Further the ccNSO Council supports that the CCWG-Accountability oversees the implementation of its Work Stream 1 Recommendations and thus allowing the CCWG-Accountability to provide input and clarifications to questions or issues arise with respect to the implementation of its recommendations.

7. The ccNSO Council requests the secretariat to publish this resolution as soon as possible after the closure of this ccNSO Council meeting. In accordance to the rules of the ccNSO (http://ccnso.icann.org/about/ccnso-rules-dec04-en.pdf), the decisions in this resolution will become effective seven days after publication of these decisions by the Council. For the interim, the chair of the ccNSO is requested to inform the co-chairs of the CCWG-Accountability of this decision of the ccNSO Council under the assumption the decision is effective and subsequently, after seven (7) days, whether the decision has become effective.