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Recordings and transcripts for Guidelines for Good Faith Subgroup Meeting #13 | 31 May 2017
by MSSI Secretariat June 1, 2017

June 1, 2017

Hello all, The recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith Subgroup Meeting #13 – 31 May 2017 will be available here: https://community.icann.org/x/0NPRAw A copy of the decisions, action items and requests may be found below. Thank you. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN – Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMGaQ…> [cid:image001.png@01D2DAA7.DD612310] ________________________________ CCWG-Accountability-WS2-GoodFaith-Meeting-DAIR-20170531 5 Participants on call Decisions: * Lori to reach out to Jason Schiller regarding his comment to arrange a meeting ASAP wrt ASO concerns. Once a date is set advise and invite the sub-group. Action Items: * LS – reach out to Jason Schiller regarding his comment to arrange a meeting ASAP wrt ASO concerns * AG – Review draft recommendation vs potential ASO concerns. Requests: * None

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Comments Regarding Guidelines for Good Faith in Entering Board Removal Discussions
by Lori Schulman May 31, 2017

May 31, 2017

Dear Jason, Thank you for posting such thoughtful and substantive comments to the public comment forum. The subteam has reviewed the comments and agrees that it would be beneficial for representatives of the subteam and the ASO to meet and discuss how we may address your concerns. As you are aware, the guidelines are supposed to protect representatives of the EC which includes all SO/ACs. We would like to discuss how we can adapt the model in way that would protect ASO members in light of your comments. Our team meets regularly on Wednesdays at 19:00 UTC and we would like to invite you to our next meeting on June 7. If that works, please let me know and feel free to extend the invite to interested individuals in the ASO. If that time does not work, kindly forward some dates and times that would work for you. Ideally, we would like to meet later this week or next week. The sooner that we meet the quicker we can focus on your concerns and, hopefully, remedy them. Lori Lori Schulman Senior Director, Internet Policy International Trademark Association 1250 Connecticut Avenue, Suite 200 Washington DC, USA +1-202-704-0408, skype: lsschulman www.inta.org<http://www.inta.org/> [cid:image005.jpg@01D270D2.1801CD20] Find us on: [Description: Description: Description: cid:F361C18F-02FE-4CF0-A43E-AA8566DC2514] Twitter<https://twitter.com/INTA> [Description: Description: LinkedIn] LinkedIn<http://www.linkedin.com/groupInvitation?groupID=69899> [Description: Description: facebook-logo (2)] Facebook<http://www.facebook.com/home.php?#!/GoINTA?ref=ts> [Description: Description: pnpb_sig.png]

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Today's Call
by Lori Schulman May 31, 2017

May 31, 2017

Just reminding everyone of today's call. Agenda is attached. I am hoping to make it only ½ hour. Lori Lori Schulman Senior Director, Internet Policy International Trademark Association 1250 Connecticut Avenue, Suite 200 Washington DC, USA +1-202-704-0408, skype: lsschulman www.inta.org<http://www.inta.org/> [cid:image005.jpg@01D270D2.1801CD20] Find us on: [Description: Description: Description: cid:F361C18F-02FE-4CF0-A43E-AA8566DC2514] Twitter<https://twitter.com/INTA> [Description: Description: LinkedIn] LinkedIn<http://www.linkedin.com/groupInvitation?groupID=69899> [Description: Description: facebook-logo (2)] Facebook<http://www.facebook.com/home.php?#!/GoINTA?ref=ts> [Description: Description: pnpb_sig.png]

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Recordings and transcripts for Guidelines for Good Faith Subgroup Meeting #12 | 10 May 2017
by MSSI Secretariat May 10, 2017

May 10, 2017

Hello all, The recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith Subgroup Meeting #12 – 10 May 2017 will be available here: https://community.icann.org/x/ytPRAw A copy of the decisions, action items and requests may be found below. Thank you. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN – Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org<http://www.icann.org/> [cid:image001.png@01D2C98F.48E81000] ________________________________ CCWG-Accountability-WS2-GoodFaith-Meeting-DAIR-20170510 5 Participants on call Decisions: * None Action Items: * LS – to transmit AFNIC additional recommendations to the relevant sub-groups. * AG & LS – To provide language changes re ASO comment * Staff – cancel 17 May meeting. * Staff – contact ASO regarding recommendation 2B and membership and invite ASO structure specialist to next meeting. Requests: * None

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[Ws2-guidelines] CCWG-Accountability-WS2-GoodFaith-PublicConsultation-February2017-SummaryofResponsesV1.0BT
by Bernard Turcotte May 10, 2017

May 10, 2017

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Notes, recordings and transcript for Guidelines for Good Faith Subgroup Meeting #15 | 26 April 2017
by MSSI Secretariat April 26, 2017

April 26, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith Subgroup Meeting #15 – 26 April 2017 will be available here: https://community.icann.org/x/jsTRAw A copy of the action items, decisions and requests may be found below. Thank you. Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN – Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org<http://www.icann.org/> [cid:image002.png@01D2BE91.E2BD0720] ________________________________ CCWG-Accountability-WS2-GoodFaith-Meeting- Action Items – Decisions - Requests 9 Participants on call Decisions: · Cancel Meeting next week. Action Items: · LS – to transmit AFNIC additional recommendations to the relevant sub-groups. · AG & LS – To provide language changes re ASO comment · Staff – Provide standard comment analysis form. · Staff – cancel next meeting Requests: · None

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Reminder of Our Meeting Today/Agenda Today
by Lori Schulman April 26, 2017

April 26, 2017

Dear Subgroup, Just a reminder that we have our scheduled meeting today, Wednesday, April 26 at 19:00 UTC. Please contact Yvette Guigneaux if you need a new calendar invite. It's been a long time since we have met. Our public comment period closed this past Monday and we received very few comments so it should be a quick review. The comments from India had the most substantive suggestions. The other comments were generally supportive. I am not sure if the low volume means people liked what they saw or were focused on other more pressing comment deadlines that ended up getting moved anyway. Anyway, we carry on... Lori Lori Schulman Senior Director, Internet Policy International Trademark Association 1250 Connecticut Avenue, Suite 200 Washington DC, USA +1-202-704-0408, skype: lsschulman www.inta.org<http://www.inta.org/> [cid:image005.jpg@01D270D2.1801CD20] Find us on: [Description: Description: Description: cid:F361C18F-02FE-4CF0-A43E-AA8566DC2514] Twitter<https://twitter.com/INTA> [Description: Description: LinkedIn] LinkedIn<http://www.linkedin.com/groupInvitation?groupID=69899> [Description: Description: facebook-logo (2)] Facebook<http://www.facebook.com/home.php?#!/GoINTA?ref=ts> [Description: Description: pnpb_sig.png]

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Please Respond: Survey of the ICANN Ombudsman Office
by MSSI Secretariat April 10, 2017

April 10, 2017

Dear all, On behalf of the Rapporteur for WS2 Subgroup 'Ombudsman', Sébastien Bachollet, we would like to encourage you and your peers to participate in the survey<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.surveygizmo.com_s3_…> on the ICANN Ombudsman Office. The survey will take approximately 5-10min. The survey<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.surveygizmo.com_s3_…> is part of the ongoing assessment of the ICANN Ombudsman Office and it has been designed in cooperation with the WS2 Subgroup 'Ombudsman'. The survey<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.surveygizmo.com_s3_…> is available in 6 UN languages and links to the translations, as well as instructions on how to respond to the non-English versions, are provided on the survey wiki page<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_di…>. If you have questions on the assessment of the Ombudsman Office, including the survey, please contact reviews(a)icann.org<mailto:reviews@icann.org>. Best wishes, MSSI Link to the survey: http://www.surveygizmo.com/s3/3462816/ICANN[surveygizmo.com]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.surveygizmo.com_s3_…> Link to the survey wiki page with translations: https://community.icann.org/x/vc3RAw[community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> ________________________________ Kind Regards, Yvette Guigneaux (MSSI) Multistakeholder Strategy & Strategic Initiatives Projects & Operations Assistant. ICANN - Internet Corporation for Assigned Names and Numbers Email: yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org_&d=DwMFAw…> [cid:image001.png@01D2B1E5.FA31A3B0]

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FW: [Ext] Legal Review of Guidelines on Good Faith Conduct for Participating in Board Removal Discussions
by Lori Schulman March 10, 2017

March 10, 2017

Dear All, I gave an update to the Plenary today in Copenhagen that went well. I referenced some additional background that I received from ICANN Legal as recently as 3 hours ago and wanted to make sure that I shared with the group. I think that it demonstrates the very reasonable and practical approach that was taken with regard to indemnifying representatives of the empowered community. I had asked Samantha for any relevant legal background out of a personal interest. Her response would be helpful to the group as far as context is concerned and I am forwarding it. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: Samantha Eisner [mailto:Samantha.Eisner@icann.org] Sent: Friday, March 10, 2017 2:25 PM To: Lori Schulman <lschulman(a)inta.org> Cc: Patrick Dodson <patrick.dodson(a)icann.org> Subject: Re: [Ext] Legal Review of Guidelines on Good Faith Conduct for Participating in Board Removal Discussions Hi Lori - I was trailing through my notes and emails from my conversations with external counsel from the beginning of 2016 when we addressed this indemnification language and proposed language for the proposal to see what I could find on backup of this conversation. Neither from the ICANN side nor the Adler/Colvin side did we prepare memoranda or exchange any detailed legal briefings on this. We were guided almost exclusively by looking at the indemnification provisions arising out of the California Civil Code, particularly 5328 (http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=….) which covers the proper scope of indemnification that an organization can provide. While the people participating in the Board removal process are not agents of ICANN, we agreed with the external counsel that the statutory indemnification limitations applicable to officers, agents, etc. would be an appropriate scheme to follow so that we did not create a new process out of whole cloth. Given that, limiting indemnification to situations where "if the person acted in good faith and in a manner the person reasonably believed to be in the best interests of the corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of the person was unlawful.” seemed an appropriate line to draw. When looking at what “ good faith” meant, we were able to agree, without trading legal research, that initiating a Board removal where there was some level of diligence available on the assertions made – and not based on falsehoods – would be the type of guidance appropriate to issue to the community. I know from prior legal work that there is a wealth of case law on the application of indemnification and when it is and is not appropriate under California law, but we did not have a need to go in depth on this issue given the straightforward nature of the situation we were addressing. The bigger issue to solve amongst counsel was agreeing to use an indemnification scheme guided by 5238 while recognizing that 5238 wasn’t an exact fit. The “good faith” issue seemed readily apparent to us after we reached agreement on the application of the indemnification scheme. Please let me know if you have any questions. Sam — Samantha Eisner Deputy General Counsel, ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, California 90094 USA Direct Dial: +1 310 578 8631

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CCWG-Accountability-WS2-Plenary- Guidelines Report Copenhagen.pptx
by Lori Schulman March 6, 2017

March 6, 2017

Dear Bernie, Attached please find a brief slide presentation for our subgroup for Friday's plenary. Lori

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