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IOTF Call #4 - Meeting Notes (04 April 2016 @ 20:00 UTC)
by Yuko Green April 5, 2016

April 5, 2016

Dear members of the CWG Stewardship, Below, please find the meeting notes from the IOTF Call #4. The presentation material, audio and AC room recordings are now posted at https://www.icann.org/stewardship-implementation under "Meetings & Work Sessions" section. The transcript will be made available soon. ********Meeting Notes******** Implementation Oversight Task Force (ITOF) call #4 04 April 2016 @ 20:00 UTC Please note that this meeting is being recorded. To mute or Unmute, select *6 (Star-Six) If you would like to review the last call(s), the recordings and presentation materials are posted publicly here: https://www.icann.org/stewardship-implementation Agenda: 1. Opening Remarks (Lise) 2. Implementation Items (Trang) a. PTI governance documents (Continued from Call #3) 3. Document Review Process & Timeline (Trang) 4. AOB (Lise) 5. Closing Remarks (Lise) Notes: - Avri Doria cannot attend today's call. - Chuck Gomes may miss some or all part of the call. 2.a. Implementation Items - PTI governance documents - PTI Conflict of Interest Policy had no objections from the attendees. - PTI Whistleblower Policy had no objections from the attendees except to note the implementation concern of anonymous reporting within such a small organization. 4. AOB - Cancel the Wednesday, 06 April 2016, IOTF call. ICANN to circulate the updated PTI governance document. - Issues with the IOTF mailing list where "Reply All" acts as "Reply" and drop the IOTF e-mail list depending on the e-mail client. We ask everybody to double check on "TO" section to ensure inclusion of IOTF mailing address. - IOTF Call Decision Log at the end of Appendix will be reviewed at the end of each call. Action Items: - Re-review and make necessary adjustments for PTI Bylaws based on the conversation and present back to IOTF (ICANN) - Circulate the updated PTI governance documents based on the previous calls in absence of the Wednesday call. (ICANN) Yuko Green Strategic Programs Manager Global Domains Division Internet Corporation for Assigned Names and Numbers (ICANN) Direct Line: +1 310 578 8693 Mobile: +1 310 745 1517 E-mail: <mailto:yuko.green@icann.org> yuko.green(a)icann.org <http://www.icann.org/> www.icann.org

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FW: [CCWG-ACCT] TR: Re: Implementation and Work Stream 2 role for CCWG-Accountability
by James Gannon April 4, 2016

April 4, 2016

Forwarding as requested. Copying DT-O leadership also. -James From: Kavouss Arasteh <kavouss.arasteh(a)gmail.com<mailto:kavouss.arasteh@gmail.com>> Date: Friday 1 April 2016 at 3:59 p.m. To: James Gannon <james(a)cyberinvasion.net<mailto:james@cyberinvasion.net>> Cc: Mathieu Weill <Mathieu.Weill(a)afnic.fr<mailto:Mathieu.Weill@afnic.fr>>, Thomas Rickert <rickert(a)anwaelte.de<mailto:rickert@anwaelte.de>>, León Felipe Sánchez Ambía <leonfelipe(a)sanchez.mx<mailto:leonfelipe@sanchez.mx>>, CCWG Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] TR: Re: Implementation and Work Stream 2 role for CCWG-Accountability Dear James, Thank you No problem then I will copy my message to you as I am not in the mailing list of CWG Then I leave it to you to kindly forward my message to CWG QUOTING MY REQUEST for inclusion in the mailing list and participant list. We need to hear from each other and listen to each other. This is apparently a Multistakeholder process. Regards Kavouss See Below 2016-04-01 16:46 GMT+02:00 James Gannon <james(a)cyberinvasion.net<mailto:james@cyberinvasion.net>>: Im sorry Kavouss but the CCWG is not the place to debate the specifics of the IANA budget issues, the CWG and in particular Design Team O has been working tirelessly on this issue and have made their recommendations, as you know there are bylaws resulting out of not just CCWG work but also CWG work and I don’t really want to get the lines of responsibility for those two blurred. -james From: <accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org>> on behalf of Kavouss Arasteh <kavouss.arasteh(a)gmail.com<mailto:kavouss.arasteh@gmail.com>> Date: Friday 1 April 2016 at 3:36 p.m. To: Mathieu Weill <Mathieu.Weill(a)afnic.fr<mailto:Mathieu.Weill@afnic.fr>>, Thomas Rickert <rickert(a)anwaelte.de<mailto:rickert@anwaelte.de>>, León Felipe Sánchez Ambía <leonfelipe(a)sanchez.mx<mailto:leonfelipe@sanchez.mx>> Cc: CCWG Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] TR: Re: Implementation and Work Stream 2 role for CCWG-Accountability Dear Co-Chairs Dear CCWG Colleagues, Thank you very much for your kind message. I wish to remind you and the Lawyers that the Mission of Working Group to prepare ICANN revised Bylaws is merely and solely limited and restricted to translate the relevant parts of the CCWG Supplemental Proposal dated 23 February as approved by chattering organizations and then by ICANN Board and communicated to NTIA on 11 March 2016. In other words, those text appeared in that Report need to be translated into legal text with full authenticity and without ANY CHANGES WHAT SO EVER, Surprisingly, I have seen text distributed by Lawyers quoting new requirements e.g. from CWG for an equivalent amount of 3 years IANA budget as reserved budget for the implementation of PTI functions. While I do not have any difficulties to envisage a rescue budget for any rare and eventual circumstances that IANA financial resource face difficulties I have one basis and fundamental difficulties as follows CCWG has worked hardly during 14 months and gone through a very through analysis of all TEXTS WITHOUT ANY Exception and also gone through three public comments process and one supplemental process to finalize its proposal. That Proposal went through the approval process of Chartering Organizations and ICANN Board’s approval Consequently, any issue, no matter whether or not is relevant must be Seen and approved by the entire CCWG Published for public comments Approved by Chattering Organizations Approved by ICANN Board After the above-mentioned 5 steps are completed then relevant text may be included in the Draft Bylaws Having said that, I have no problem to raise the issues discussed by CWG in this regard and attaching their wishes to a CCWG Note TO BE SENT TO ICANN BOARD. ICANN Board could review the matter and make necessary provisions in their operational procedure such as opening a credit line labelled “IANA Budget Reserve” fed by ICANN with and annual equivalent amount of up to x% (NOT MORE THAN 10 5) in an accumulated manner to provide a rescue circumstances. However, this is an operational issue within the remit of the ICANN and has nothing to do with BYLAWS Regards KAVOUSS 2016-04-01 15:38 GMT+02:00 Sivasubramanian M <isolatedn(a)gmail.com<mailto:isolatedn@gmail.com>>: Dear Mathiew, The call is for new "participants" for the Implementation Team and WS2. This is not a call for Members of WS2 ? -- Sivasubramanian M<https://www.facebook.com/sivasubramanian.muthusamy> On Fri, Apr 1, 2016 at 4:09 PM, Mathieu Weill <mathieu.weill(a)afnic.fr<mailto:mathieu.weill@afnic.fr>> wrote: Dear Colleagues, Attached is a communication to the Chartering Organizations, sent a few minutes ago, confirming that we are proceeding with an implementation oversight role. Best Mathieu De : Mathieu Weill [mailto:weill@afnic.fr<mailto:weill@afnic.fr>] Envoyé : vendredi 1 avril 2016 12:38 À : 'James M. Bladel'; '‘Thomas Schneider''; 'Alan Greenberg'; 'Patrik Fältström'; 'Louie Lee'; oscar(a)lacnic.net<mailto:oscar@lacnic.net>; 'Katrina Sataki' Cc : 'Akram Atallah'; 'David Olive'; 'Steve Crocker'; 'Thomas Rickert'; 'gnso.secretariat(a)gnso.icann.org<mailto:gnso.secretariat@gnso.icann.org>'; 'Tom Dale'; 'ACCT-Staff'; 'ICANN At-Large Staff'; 'Bart Boswinkel'; 'León Felipe Sánchez Ambía'; 'Jonathan Robinson'; 'Kimberly Carlson'; 'Olof Nordling'; 'Julie Hedlund'; 'Julia Charvolen'; 'Lise Fuhr'; 'Theresa Swinehart'; 'Carlos Reyes' Objet : Re: Implementation and Work Stream 2 role for CCWG-Accountability Dear Chartering Organizations, We are writing to you to follow up on our email from 6 March (available here<http://mm.icann.org/pipermail/accountability-cross-community/2016-March/011…>), and provide an update on the Work Stream 1 implementation oversight and scoping for Work Stream 2. Hearing no objections from the Chartering Organizations, we have proceeded with an implementation oversight role to ensure that the implementation is consistent with the Work Stream 1 report. To date, this work has been focused on the drafting of Bylaws and Articles of Incorporation. There is a critical path for the Bylaws drafting, and along with the CWG-Stewardship co-Chairs, we have instructed our legal teams to work with ICANN to draft the Bylaws. It is expected that a final draft of the proposed revisions to the Bylaws would be available for CCWG review by 2 April at the latest. The CCWG has two calls scheduled to facilitate its review of the Bylaws. Following CCWG review, the Bylaws would be published for an open community-wide public comment period. It is important to remember that the overall transition schedule depends on completing this work. In order for the transition to take place by the end of the current contract between NTIA and ICANN on 30 September, ICANN must publish the Bylaws for a 30-day public comment period by 20 April, and the Board would need to approve the changes to the Bylaws by 27 May. Once the Bylaws work is complete, we will turn our focus to: · Completing the work on IRP that goes beyond the Bylaws · Finalizing the budget process in coordination with the CWG-Stewardship · Undertaking Work Stream 2 (WS2) You may have seen a call for WS2 volunteers on the ICANN website last week (available here<https://www.icann.org/news/announcement-2016-03-25-en>). We ask that you also share this call for volunteers widely to ensure that all interested parties, including those outside of the ICANN ecosystem, are aware that they are welcome to participate in projects of WS2. It is important for our group to continue to strive for maximized diversity of our participants going forward. We would like to emphasize that the CCWG-Accountability will remain open to anyone who wishes to join, and we will welcome informed individuals with relevant implementation and operational experience to join the CCWG-Accountability in this next phase. Finally, we are conscious of the heavy workload the CCWG-Accountability has been for your appointed members, and we would like to ask once more for Chartering Organizations to re-confirm member participation, and appoint new replacement members if necessary. Thank you, Leon Sanchez, Thomas Rickert, and Mathieu Weill CCWG-Accountability Co-Chairs _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)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(a)icann.org<mailto:Accountability-Cross-Community@icann.org> https://mm.icann.org/mailman/listinfo/accountability-cross-community

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Fwd: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version
by Mathieu Weill April 3, 2016

April 3, 2016

Sharing to this group as well, on behalf of Lise Fuhr. Best, Mathieu Weill --------------- Depuis mon mobile, désolé pour le style Début du message transféré : > Expéditeur: Mathieu Weill <mathieu.weill(a)afnic.fr> > Date: 3 avril 2016 14:16:21 UTC+2 > Destinataire: CCWG Accountability <accountability-cross-community(a)icann.org> > Objet: TR : [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version > Dear colleagues, > > In anticipation of our calls this week, please find below a note from the lawyers group, the draft bylaws as well as an issue list. > > It is important to read the lawyers notes as they quite efficiently describe the context and status of the work. Please review them for any process related question. > > The purpose of our calls this week will be to address the issue list questions (questions 1-7 & 25-34 are for the CCWG, the others for CWG). > > Should any other issue be added to the list based on your respective reviews, please raise your questions on the list for transparency. > > Best regards, > > Mathieu > --------------- > Depuis mon mobile, désolé pour le style > > Début du message transféré : > >> Expéditeur: John Jeffrey via bylaws-coord <bylaws-coord(a)icann.org> >> Date: 3 avril 2016 13:16:28 UTC+2 >> Destinataire: bylaws-coord(a)icann.org >> Cc: "Flanagan, Sharon" <sflanagan(a)sidley.com>, "Cc: Zagorin, Janet S." <jzagorin(a)sidley.com>, "Hilton, Tyler" <thilton(a)sidley.com>, ICANN-Adler <ICANN(a)adlercolvin.com>, "Hofheimer, Joshua T." <jhofheimer(a)sidley.com>, "Mohan, Vivek" <vivek.mohan(a)sidley.com>, "Clark, Michael A." <mclark(a)sidley.com>, "Boucher, Rick" <rboucher(a)sidley.com>, Sidley ICANN CCWG <sidleyicannccwg(a)sidley.com>, "Kerry, Cameron" <ckerry(a)sidley.com>, "McNicholas, Edward R." <emcnicholas(a)sidley.com>, Daniel Halloran <daniel.halloran(a)icann.org>, Amy Stathos <amy.stathos(a)icann.org>, "Boelter, Jessica C.K." <jboelter(a)sidley.com>, "Fuller, Miles" <wfuller(a)sidley.com>, "Tam, Tennie H." <tennie.tam(a)sidley.com> >> Objet: [bylaws-coord] DRAFT NEW ICANN BYLAWS - 2 April 2016 version >> Répondre à: John Jeffrey <john.jeffrey(a)icann.org> >> Dear Bylaws Coordination Group, >> >> Please find attached a document – DRAFT NEW ICANN BYLAWS (vers. 2Apr) (“DRAFT BYLAWS”) for your review and discussion. As you will recall the last full draft was provided to you on 18 March, with the promise to provide another full turn of the DRAFT BYLAWS for your review today on 2 April. The DRAFT BYLAWS attached is the current working draft among the legal drafting group. There is also an Issue List attached, which are a set of additional questions and clarifications requested from the Bylaws Coordination Group. >> >> We ask that you share the attachments with your CCWG, ICG and CWG colleagues who will be reviewing this during this critical work week >> >> >> Recent Work – During the past two weeks the legal drafting group, made up of Sidley’s team, Adler’s team and ICANN's Legal team reviewed and worked through mark ups and redrafts of the various sections of new ICANN Bylaws. Also, we have held four separate meetings with the Bylaws Coordination Group during this two-week period asking questions and incorporating that feedback into the new draft. There is likely to be the need for some additional discussions as we work toward a public comment version of the new ICANN bylaws. >> >> >> More Work to Do – There is still work to do on the DRAFT BYLAWS, in identifying and working through any remaining provisions in the draft that are not clear, finding any remaining open issues, improving the provisions, and polishing the draft before publication for public comment. The legal teams remain engaged in review mode and are available for questions and comments during this period. >> >> >> Legal Teams have not yet “certified” – Since a) the Bylaws Coordination Group, CWG and CCWG have not yet reviewed and reacted to these DRAFT BYLAWS, b) there are still remaining open issues, and c) there is still review and polishing to be done by the legal teams – the legal teams have not indicated yet that the current DRAFT BYLAWS fully meets the recommendations within the Proposals. >> >> >> As we have indicated above there is still work to be done, including receiving the feedback from those reviewing these DRAFT BYLAWS this week before the legal teams will be in a position to certify the posting version for Public Comment >> >> >> Next Steps – >> >> >> 1) Now until 13 April – members of CCWG, CWG, Bylaws Coordination Group, Board and ICG to complete review of these DRAFT BYLAWS and provide feedback to legal teams; >> >> >> 2) Now until 18 April, (with particular focus during week of 13-18 April) – legal teams to update DRAFT BYLAWS working in coordination with the Bylaws Drafting Group; >> >> >> 3) 20 April – posting date for public comment period for new proposed bylaws – with legal teams supporting that the new proposed bylaws meets the proposal recommendations. >> >> >> ——— >> >> As before, we look forward to working with all of you in the coming days, to get ICANN’s Bylaws in the best form possible to effectuate these important changes. >> >> >> We hope these views of the documents are useful and that you receive them in the spirit that they are offered… to help all of us to be able to collaborate and work through these Bylaws changes in the most effective way possible — to enable the creation of a new and stronger, community empowered ICANN. >> >> John Jeffrey, Holly Gregory, and Rosemary Fei >> > > >> _____________________ >> ____________________ >> >> >> >> >> >> _______________________________________________ >> bylaws-coord mailing list >> bylaws-coord(a)icann.org >> https://mm.icann.org/mailman/listinfo/bylaws-coord

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Important: Special CWG Bylaws Review call on Monday 4 April from 18:00 – 19:30 UTC
by Grace Abuhamad April 1, 2016

April 1, 2016

Dear all, As discussed on the CWG-Stewardship call yesterday, the draft bylaws are expected to be released for 10-day community review on Saturday 2 April. In keeping with these deadlines, we are scheduling a special CWG-Stewardship Bylaws Review call on Monday 4 April from 18:00 – 19:30 UTC. The timing of the call was determined by the availability of the briefing team, which includes Sharon Flanagan from Sidley Austin, Greg Shatan, Maarten Simon, and our co-chair Lise Fuhr. You will receive a calendar invite from Brenda shortly. The proposed agenda for the meeting is as follows: Opening remarks Presentation and discussion of CWG related ICANN bylaws AOB Closing remarks In addition to the CWG-Stewardship-specific calls, if you are interested in the CCWG-Accountability bylaws, please join the CCWG-Accountability’s calls. The adobe room for the CCWG-Accountability calls is open to observers: https://icann.adobeconnect.com/accountability/. The calls are scheduled for: 5 April at 19:00 UTC 7 April at 12:00 UTC Finally, we expect that Jonathan will be available to lead a 2nd CWG-Stewardship Bylaws Review call on Monday 11 April from 15:00 – 16:30 UTC. Once we confirm his availability and the availability of the briefing team, we will confirm the call and send calendar invitations out. Talk to you on Monday. We will circulate the draft Bylaws as soon as they released. Best, Grace -- Grace Abuhamad Manager, Public Policy ICANN | Internet Corporation for Assigned Names and Numbers 801 17th Street NW, Suite 400 | Washington, DC 20006 Direct: +1 202 249 7545 | Mobile: +1 310 200 7638 Interested in the IANA Stewardship Transition? LEARN MORE. STAY UPDATED. FOLLOW. ENGAGE.

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Notes, Recordings, Transcript DT-O Meeting on 1 April 2016
by Brenda Brewer April 1, 2016

April 1, 2016

Dear all, The notes, recordings and transcripts for the DT-O Meeting on 01 April 2016 will be available here: https://community.icann.org/x/sC6AAw A copy of the notes and action items may be found below. Kind regards, Brenda [---] Action Items * ACTION: Chuck will do a first draft of comments on FY17 Op Plan and budget by Monday 4 April. * ACTION: All to review Chuck's draft and discuss on calls on Tuesday and Thursday next week. * ACTION: Trang to follow up with Elise / Xavier regarding IANA Services budget Notes Status updates: * PTI Financial Objectives --> awaiting CWG-Stewardship approval * Recommendation for multi-year IANA Services funding --> awaiting CWG-Stewardship approval Comments on FY17 ICANN Operating Plan and Budget * Cheryl is ok with comments, but doesn't think they need to be heavyweight * Comments could be prepared for CWG consideration. Question of how/who would submit the comments * Aim for draft to be complete by Friday 8 April * Comments need to be ready to send to CWG by 11 April (in time for 14 April call) ACTION: Chuck will do a first draft of comments on FY17 Op Plan and budget by Monday 4 April. ACTION: All to review Chuck's draft and discuss on calls on Tuesday and Thursday next week. Process for IANA Services Budget * Awaiting feedback from Elise or Xavier * Expected diffrences: timing (needs to be done in advance of the regular budget) ACTION: Trang to follow up with Elise / Xavier regarding IANA Services budget Developing a Caretaker Budget * Awaiting feedback from Xavier (on vacation this week) * Will be coming back to this topic Next calls: * Tuesday 21:00 UTC * Thursday 20:00 UTC

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Issues for the CWG Stewardship to review
by Lise Fuhr April 1, 2016

April 1, 2016

Dear all, At our meeting yesterday, we discussed the three key items listed below. In order to give all participants in the CWG-Stewardship the possibility to review and respond we send the issues to the CWG Stewardship list. We need to provide a CWG-Stewardship response on these issues quickly, so that the implementation work can proceed. The deadline for your review is Monday 4 April at 0800 UTC. Please review the following item and provide comments to the list if you have concerns or objections: 1. The proposed financial objectives for the PTI Budget (developed by DT-O) The draft text is as follows: “The financial objectives of PTI are to provide financial stability and operational excellence. Financial stability is defined as sufficient funding of PTI so as to avoid any kind of negative impact on the IANA Functions as a result of changes to ICANN’s financial situation. It furthermore is intended to capture the notion of secured funding for PTI that goes beyond one fiscal year. The objective of operational excellence means that there are sufficient funds budgeted and available to ensure that PTI is able to deliver operational excellence as defined by Service Level Expectations/Service Level Agreements approved by each of the three operational communities for their respective IANA services.” 2. The recommendation to ensure that the PTI Budget guarantees multi-year funding DT-O is of the view that there should be a statement in the Bylaws guaranteeing multi-year funding for PTI as part of financial stability. DT-O communicated this to Becky Burr who was involved in the Bylaw drafting, noting that the CWG-Stewardship had not agreed to it yet. In order for this to be incorporated into the Bylaws, the CWG-Stewardship needs to finalize its position on the issue. There was support on the CWG-Stewardship call to adopt the DT-O recommendation, but a review period was sent for any further comments. The proposed Bylaw language suggested by DT-O is as follows: "To respect the operational and financial autonomy of the IANA/PTI service to the community, the Board of ICANN shall provide an arms-length mechanism for the management board of PTI to be able to undertake the independent financial administration and accountability of PTI by ensuring a dedicated rolling three year reserve for future expenses and contingencies reasonably related to the legitimate activities of PTI." 3. Do you support Jonathan and Lise serving as interim PTI Board Directors (assuming there are no issues identified with regard to conflicts and independence)? On the IOTF calls, and as presented during the staff implementation update yesterday, there is a suggestion for Jonathan and Lise to serve as interim PTI Board Directors until the PTI Board can be fully established. They would serve as interim directors assuming there are no issues around conflict and independence. For the PTI Board formal selections, NomCom will be the appointing body and selection criteria will be provided by the CSC once established. The appointment of interim directors will allow the implementation timeline to stay on track: establishing PTI, CSC and other structures as described in the IANA Stewardship Transition Proposal. Please be aware of the deadline Monday 4 April 0800 UTC If you have any questions please don’t hesitate to contact Lise Fuhr. Thank you, Jonathan Robinson and Lise Fuhr

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Meeting Notes from IOTF Call #3 (30 March 2016)
by Yuko Green April 1, 2016

April 1, 2016

Dear members of the CWG Stewardship, Below, please find the meeting notes from the IOTF Call #3. The presentation material, audio and AC room recordings are now posted at https://www.icann.org/stewardship-implementation under "Meetings & Work Sessions" section. The transcript will be made available soon. ********Meeting Notes******** Implementation Oversight Task Force (ITOF) call #3 30 MARCH 2016@ 8pmUTC Please note that this meeting is being recorded. To mute or Unmute, select *6 (Star-Six) If you would like to review the last call(s), the recordings and presentation materials are posted publicly here: https://www.icann.org/stewardship-implementation Agenda: 1.Opening Remarks (Lise) 2.Implementation Items (Trang) a. CSC Charter (Continued from Call #2) b. RZERC Charter c. PTI governance documents d. Document Review Process & Timeline (Trang) 3.AOB (Lise) a. multi-year funding of PTI 4.Closing Remarks (Lise) Notes: 1.Opening Remarks (Lise) - Note taking will be kept for actions, decisions, and questions, Transcriptions will be made available shortly after the call. 2.a. Implementation Items - CSC Charter - Donna Austin from DT-C lead will take the lead on CSC charter work. The work will be brought back to CWG for review. AOB - Due to time constraint, we will skip the remaining item 2.c. Action Items: - Re-review the RZERC charter high level description based on today's call and determine what should go under operational procedure document and bring up to the next IOTF call. (ICANN) - Re-review the PTI purpose and bring it back to the IOTF (ICANN) - Re-review the document review process & timeline based on today's call and present back to IOTF (ICANN) Yuko Green Strategic Programs Manager Global Domains Division Internet Corporation for Assigned Names and Numbers (ICANN) Direct Line: +1 310 578 8693 Mobile: +1 310 745 1517 E-mail: <mailto:yuko.green@icann.org> yuko.green(a)icann.org <http://www.icann.org/> www.icann.org

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Notes, Recordings, Transcript CWG IANA Meeting #78 - 31 March 2016
by Brenda Brewer March 31, 2016

March 31, 2016

Dear all, The notes, recordings and transcripts for the CWG IANA Meeting #78 on 31 March will be available here: https://community.icann.org/x/6wWAAw A copy of the notes and action items may be found below. Kind regards, Brenda Action Items * Action item 1#: Lise to communicate agreement to go with supermajority vote for question 1, noting that reference should be changed to GNSO Council and ccNSO Council. * Action item #2: Lise to communicate agreement to go with 30 days for question 2. * Action item #3: Lise to confirm as soon as possible whether additional CWG-Stewardship call is scheduled for next week. * Action item #4: CWG-Stewardship to provide input on the proposed financial objectives for PTI as circulated to the mailing list within 48 hours. * Action item #5: Confirm on list no objections to proposed recommendation to ensure that PTI multi-year guaranteed funding is covered in the Bylaws within 48 hours. * Action item #6: CWG-Stewardship to provide feedback on the suggestion to have Jonathan and Lise to serve as interim PTI independent directors assuming there are no issues around conflict and independence within 48 hours. * Action item #7: Confirm agreement with recommendation that all three IANA functions will be moved to PTI as it was originally foreseen in the ICG/CWG-Stewardship Proposal. Notes 1. Opening Remarks * Quite a few developments since Marrakesh - a lot of work has gone into implementation related activities including Bylaw drafting. * DT-O has been meeting as well to discuss items related to the budget. * Further meetings have taken place with the other operational communities concerning IPR. * Implementation Oversight Task Force was created and kicked off after ICANN Meeting Marrakesh - consists of ICANN Implementation Team, Chairs of CWG-Stewardship, DT Leads, Chair of ICG and representatives of other operational communities. TF to serve as a sounding board for ICANN implementation staff - any decisions are brought back to the CWG-Stewardship for review. TF has two meetings a week scheduled, to be used if needed. All of the meetings are recorded and transcripts will now be provided as well. Mailing list archives are publicly available. All the materials and recordings are available at <https://www.icann.org/stewardship-implementation> https://www.icann.org/stewardship-implementation. Those interested to join the TF as an observer, please contact <mailto:yuko.green@icann.org> yuko.green(a)icann.org. 2. Implementation Planning - Staff update (Trang Nguyen) - see <https://community.icann.org/download/attachments/58721771/CWG%20Update%2031… ficationDate=1459441722785&api=v2> slide deck presented. * Interim PTI Board: will the ICANN Board appoint all 5 people and then these will be replaced? No, ICANN Board would appoint ICANN PTI Board members, these would not be considered interim. Further consideration will need to be given to how to select the interim independent Board members (see also PTI Board & Structure item) * Bylaws drafting - Legal advisors where pleased with co-operation between all the lawyers. Are progressing in a timely fashion. Expect to be ready to send something for review to CCWG-Accountability and CWG-Stewardship by 1 April. See questions circulated by Lise. * Question 1 - recommendation to go with supermajority vote. Reference should be to ccNSO Council and GNSO Council (not ccNSO and GNSO). Do both Councils have supermajority defined? GNSO Council Supermajority is defined in the ICANN Bylaws. What is the rationale for recommending a supermajority vote? Items are intended to have a high approval treshold. Agreement to follow the recommendation for a supermajority vote. Action item 1#: Lise to communicate agreement to go with supermajority vote for question 1, noting that reference should be changed to GNSO Council and ccNSO Council. * Question 19 - recommendation to go with 30 days. Agreement to go with 30 days. Action item #2: Lise to communicate agreement to go with 30 days for question 2. * How should CWG-Stewardship go about reviewing the Bylaws? Bylaws are expected to be published for public comment by 20 April so any input from the CWG-Stewardship would need to be received before that time. Consider scheduling an additional CWG-Stewardship meeting for next week. Action item #3: Lise to confirm as soon as possible whether additional CWG-Stewardship call is scheduled for next week. * Budget process (Chuck Gomes) - see financial objectives for PTI as developed by DT O and circulated to the mailing list. Consider what needs to appear in the Bylaws, for example in relation to reserve. If not in Bylaws, maybe in the contract? DT O is of the view that there should be a statement in the Bylaws that there should be multi-year guaranteed funding for PTI. DT O communicated this to Becky Burr who was involved in the Bylaw drafting, noting that the CWG-Stewardship had not agreed to it yet. Discussed in previous call that Sidley would provide a light touch approach, not committing to any kind of specific resolution, allowing for further deliberations to take place. General principle should be embodied in the Bylaws, the solution should be decided and embodied elsewhere. Support for this approach by those on the call, provide some additional time to those not on the call to express support / objection. * CWG-Stewardship to consider whether to submit comments on the FY17 Budget. DT-O to expected to make a recommendation to the CWG-Stewardship following tommorow's DT-O meeting. Deadline for comments is 30 April. Action item #4: CWG-Stewardship to provide input on the proposed financial objectives for PTI as circulated to the mailing list within 48 hours. Action item #5: Confirm on list no objections to proposed recommendation to ensure that PTI multi-year guaranteed funding is covered in the Bylaws within 48 hours. * CSC Charter - staff working with Donna (GNSO), Katrina (ccNSO) and relevant staff to work through some of the issues in relation to the CSC. For example, appointment / re-appointment procedures in GNSO and ccNSO. Status update will be provided to CWG-Stewardship team following those discussions. Ensure that both communities understand what the requirements are for the creation of CSC and relevant procedures are in place, for example for the approval of the CSC membership. Working out geographic diversity and skills requirements. * PTI Board & Structure: overview of discussions by IOTF - see slides presented during call. Suggestion to have Jonathan and Lise to serve as interim PTI independent directors assuming there are no issues around conflict and independence until the NomCom would be able to make the selection as originally foreseen as part of their normal selection cycle. Action item #6: CWG-Stewardship to provide feedback on the suggestion to have Jonathan and Lise to serve as interim PTI independent directors assuming there are no issues around conflict and independence within 48 hours. * All three IANA functions will be moved to PTI. This is considered to be in line with the CWG-Stewardship proposal. * ICANN legal is preparing memo in relation to difficulties of transferring staff to PTI. To be discussed further. Action item #7: Confirm agreement with recommendation that all three IANA functions will be moved to PTI as it was originally foreseen in the ICG/CWG-Stewardship Proposal. 3. IANA IPR * See <https://community.icann.org/download/attachments/58721771/ProposedPrincipal… ?version=1&modificationDate=1459444884447&api=v2> document shared during meeting and overview provided by Greg. Principle terms developed by all three communities. Now being reviewed by legal counsel of other communities. Once feedback comes back, these will be reviewed by Sidley, followed by further discussion and possible revision by the whole group. Following finalization of principles terms, group would move on to creating the actual documents required. * Consider including an introductory paragraph regarding history of IETF Trust. * More detailed discussion to take place in CWG-Stewardship at a later stage. 4. AOB * Next meeting on 14 April at 16:00 UTC. (note that a special meeting may be scheduled next week to review and discuss the draft Bylaws). 5. Closing Remarks

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Re: [CWG-Stewardship] Remaining Questions re CWG punch list
by Lise Fuhr March 31, 2016

March 31, 2016

Dear Holly and Rebecca, We discussed your questions at the CWG call today and the we decided to follow both your recommendations. But the CWG found that a clarification is needed so there is a clear reference in the bylaws to a supermajority vote by the GNSO council and the ccNSO council. If you have any questions in relation to the clarification please don’t hesitate to contact me or other members of the client committee. Best regards, Lise From: bylaws-coord-bounces(a)icann.org [mailto:bylaws-coord-bounces@icann.org] On Behalf Of Gregory, Holly via bylaws-coord Sent: 30 March 2016 00:05 To: jrobinson(a)afilias.info; Lise Fuhr; bylaws-coord(a)icann.org Cc: Flanagan, Sharon Subject: [bylaws-coord] Remaining Questions re CWG punch list Importance: High Dear Jonathan and Lise, and CWG participants in the Bylaws Coordinating Group, We appreciate the guidance provided on our questions last week from the CWG bylaw drafting session. We have two outstanding questions from the punch list we re-circulated last week. We have pasted them below for your convenience. As you know, our deadline to circulate bylaws is at the end of this week. We greatly appreciate your attention to this. To expedite matters we have included our recommendation for you to consider. Question 1. (and 12, 16, 17 &18) Please confirm GNSO and ccNSO supermajority approval threshold. Page 1 of CWG Staff’s response chart refers to supermajority voting of the relevant SO, but page 11 of the CWG Staff’s response chart states that the CWG “has agreed to keep the current practices (i.e., simple majority voting) for both the GNSO and ccNSO.” As the proposal specifically contemplates a supermajority vote for material changes to the IANA Functions Contract, the reference to “simple” majority on page 11 of the response chart appears to be an error. (Page 10 of Bylaws matrix); same question in relation to approval of recommendations relating to the IFR relating to the Special IFR and SCWG establishment and the separation process. Recommendation: Supermajority vote Question 19. Determine number of days within which ICANN must take all steps reasonably necessary to effect SCWG recommendations: “As promptly as practical (and within [●] [days]) following the SCWG recommendations, or in the event of an SCWG recommendation to initiate a Separation Process, as promptly as practical (and within [●] [days]) following the approval of such recommendation, ICANN shall take all steps reasonably necessary to effect such SCWG recommendations.” (Page 56 of Bylaws Matrix) Recommendation: 30 days Holly and Rebecca

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DT-O proposed financial objectives for PTI
by Gomes, Chuck March 31, 2016

March 31, 2016

DT-O agreed on the following financial objectives for PTI today: "The financial objectives of PTI are to provide financial stability and operational excellence. Financial stability is defined as sufficient funding of PTI so as to avoid any kind of negative impact on the IANA Functions as a result of changes to ICANN's financial situation. It furthermore is intended to capture the notion of secured funding for PTI that goes beyond one fiscal year. The objective of operational excellence means that there are sufficient funds budgeted and available to ensure that PTI is able to deliver operational excellence as defined by Service Level Expectations/Service Level Agreements approved by each of the three operational communities for their respective IANA services." This is being sent to the full CWG for comment, edits and approval. Chuck

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