Dear all,
The notes, recordings and transcripts for the CWG IANA Face to Face Day 1 Session 4 Meeting on 26 March are available here: Session 4
Notes
· Final session of the afternoon
· Sidley Austin presenting
· ICANN is paying the fees for Sidley's services
· Holly Gregory and Sharon Flanagan are present in Istanbul but there is a whole team with multiple areas of expertise to complement the group and respond to the CWG's needs
· CWG provided two sets of questions and Sidley provided written responses.
· Structured the presentation differently (thematic). Not in order of preference
· What is the multistakholder body being considered?
PLEASE REFER TO SLIDES AND TRANSCRIPT FOR FULL LEGAL DETAILS, QUESTIONS, AND RESPONSES.
All Client Committee Documents are posted here: https://community.icann.org/x/8g8nAw
External Solutions (Contract Co. & External Trust)
Contract Co.
· In short: Is it a feasible structure? Yes
· The Board of Contract Co. has ultimate authority so it could be the MRT
External Trust
· Could a trust function as an external solution? Yes
Internal Solutions (Governance solutions & Internal Trust)
Governance Solution
· lots of mechanisms available to enhance governance
Internal Trust
· Main difference with 'external trust' is who is the trustee. Here, ICANN would be the trustee.
· Need to define beneficiaries of the trust (trustee's duty is to those beneficiaries)
· Trust is not recognized in all jurisdictions
Communtity Organization Structure (Internet Community Association)
· It may not be recognized in all jurisdictions
Hybrid / Integrated Model
Three variants:
1. Free Standing
2. Unincorporated Association
3. Affiliate of ICANN, IETF, RIRs --> can be complex legally
· How is this more prone to capture? because there is a concentration of power
All of the structures discussed have directors.
Stewardship, Technical, Policy
There may be some models that we can start to weed out (need a list of options and main disadvantages possible)
Important to think of the motivation and the requirements. Not to "die in a ditch" about a model
Options on the table:
· Contract Co.
· External Trust
· Governance Solution ("constitutional bylaw")
· Internal Trust
· Community Organization Structure (Internet Community Association)
· Hybrid / Integrated Model -- Variant 1 (Free Standing)
· Hybrid / Integrated Model -- Variant 2 (Unincorporated Association)
· Hybrid / Integrated Model -- Variant 3 (Affiliate)