- Ws2-guidelines - lists.icann.org

Lastest Draft of Report
by Lori Schulman Jan. 24, 2017

Jan. 24, 2017

Dear Team, Per Wednesday's call, attached please find an updated draft of the report with "Legal" section included. I have marked where the ICANN Legal Opinion will be inserted. Please use the list for feedback or submit redlines. I will incorporate any new comments into the next draft for our meeting on Wednesday, January 25. Please be ready to discuss nonetheless. Have a good weekend. 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/> 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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Notes, recordings, transcript for WS2 Guidelines for Good Faith Subgroup_ Meeting #8 _ 18 January 2017
by MSSI Secretariat Jan. 18, 2017

Jan. 18, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith, Meeting #8 - 18 January 2017 will be available here: https://community.icann.org/x/oZnDAw A copy of the notes may be found below. Thank you. Kindest Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Assistant ICANN | Internet Corporation for Assigned Names & Numbers 12025 Waterfront Drive, Playa Vista, CA 90094 yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> | www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DgMFAg&…> ________________________________ Notes (including relevant parts of chat): 1. Attendance 2. Changes to SOI - none 3. Report from January 11 Plenary Meeting Lori Schulman: Confusion about our report being a first reading or not at the last meeting. Apologies for any confusion. 4. Discussion of Current Version of Draft Report Lori Schulman: INTA ICANN internal group looking at the report - if any suggestions I will decide if useful to take to the sub-group. (description of changes to the document). avri doria: what is the importance of the indemnification to these guideline. i do not understand. Lori Schulman: if an SO or AC is working to remove a director the director or the entire Board could sue the SO or AC for defamation and then if the SO or AC has acted in good faith they would be protected. avri doria: i understand the importance of indemnification. but not sure i under why it affects the guidelines Lori Schulman: If you follow the guidelines then it presumes good faith. This is about mitigating the risk to the community. avri doria: ok, got it, thanks Alan Greenberg: There will always judgement calls in this and if people want to be prudent they will be conservative in interpreting these guidelines. if we are ever going to use this there will be very little facts to verify - as such I am ok with a little vagueness on this. Lori Schulman: agree. Alan Greenberg: if removing an Nomcom director you will have to convince other SO or ACs and this will probably require a substantial file - which is not necessarily the case for an SO or AC nominated director. Lito Ibarra: Question: It seems to me that the core of the guidelines is in point 1, letter b (list of conditions that should apply). The question is all 6 conditions should apply, not just two or three, right? Lori Schulman: correct all are necessary. Alan Greenberg: Some of those are only if applicable, so they only apply in certain cases Lito Ibarra: That's right Lori Schulman: That is correct, if one does not apply then the SO or AC should state so and why. Julf Helsingius: I am pretty happy with it as it is Alan Greenberg: We should reread a final time and if there are no significant issues it should go to the plenary. Herb Waye: Bylaws limit Ombudsman concerns regarding the membership on Board - does out stuff affect this. Alan Greenberg: removing a director affects membership but the Ombudsman is not have part of this process. The Ombudsman can participate in informal discussions before removal discussions. Herb Waye: I know the Ombudsman cannot touch Nomcom members. Alan Greenberg: Correct no one can go to the Ombudsman about them not being nominated to the Board - I would extend this to Board removal in our process. Herb Waye: will discuss with ICANN legal next week. Lori Schulman: Does the ICANN Ombudsmanm have an enumerated set of issues it can deal with or is it more open. Herb Waye: it leans towards openness - just no internal admin matters (HR), Board Membership and Contractual Agreements with suppliers. Lori Schulman: if a complaint about a director does not involve talking about removal the Ombudsman can be involved - but the moment it is about removal the Ombudsman cannot participate. Action Items: will redraft with a place holder for the ICANN legal opinion and redistribute to the sub-group today. I will also follow up with ICANN legal to get their input so we can release it to the plenary for a first ready on 1 February to provide 7 days prior to the plenary meeting. Next meeting is Wednesday 25 January 1900 and we should have this slot reserved every week to Copenhagen. 5. AOB Lori Schulman: any AOB- None Adjourned. Action Items: * Lori Schulman: Edit report as discussed and include a place holder for ICANN Legal advice and redistribute to the sub-group for reading today. * Lori Schulman: Follow up with ICANN legal to get an opinion on report. Would like this ASAP as the group would like to publish the report for first reading by the plenary on 1 February (7 days prior to the 8 February plenary). * Staff: Please reserve all Wednesday 1900 to Copenhagen for sub-group meetings (done).

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W2 Guidelines Draft Report v1.1 For Submission to Plenary
by Lori Schulman Jan. 10, 2017

Jan. 10, 2017

Dear Team, I noticed an error in last night's version of the report that I have since corrected. The correction is attached. Yvette, please replace the version on the wiki with this one. I note that Sam submitted comments and questions and I will include them in my report to the plenary. Thank you.

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Draft Guidelines Version 1.1
by Lori Schulman Jan. 10, 2017

Jan. 10, 2017

Dear Team, Thank you for a very productive call today. One of our best I thought. Attached please find the copy of the report to be submitted to the plenary. I have incorporated all of the changes that we discussed today. As this is still very much in draft form, please keep the feedback coming. I will also forward to ICANN Legal for an analysis as we agreed. Yvette, kindly post to the wiki as there are significant changes in this version. Thanks for everybody's help. 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/> 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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Notes, recordings, transcript for WS2 Guidelines for Good Faith Subgroup_ Meeting #7_ 09 January 2017
by MSSI Secretariat Jan. 9, 2017

Jan. 9, 2017

Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith, Meeting #7 - 09 January 2017 will be available here: https://community.icann.org/x/gJbDAw A copy of the notes may be found below. Thank you. Kindest Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Assistant ICANN | Internet Corporation for Assigned Names & Numbers 12025 Waterfront Drive, Playa Vista, CA 90094 yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> | www.icann.org[icann.org]<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.icann.org&d=DgMFAg&…> ________________________________ Notes (including relevant parts of chat): Guidelines for Good Faith Subgroup Meeting #7 | 06 January @ 19:00 UTC 1. Attendance Lori Schulman: no one on phone only. 2. Changes to SOI Lori Schulman (none) 3. Discussion of Draft Report Lori Schulman: Will go through the report and discuss the two remaining open questions. No comments on ES, no objections on section II. Alan Greenberg: Section 1.4 re available vs and or / applicable. Heading for 2 instead of "shall develop" should be "shall have". 2 D and E - not associated with a specific SOAC just saying multiples can collaborate - we need procedures for community powers that require multiple SOAC collaboration. Lori Schulman: Good point will bring it up in Plenary prep meeting. Alan Greenberg: SSR review is an example of the collegial approach not working very well for these types of things. Lori Schulman: Forms and Procedures should be a recommendation from this group. Onto the second question - should apply to all types of discussions (beyond director removal). Argument for it would say that it is good practice and should be used. Argument against it is that this was for a very specific procedure therefore expanding. Alan Greenberg: Not a bad suggestion but not critical. Lori Schulman: could recommend but community would decide. Bernard Turcotte: would recommend separating recommendations that are clearly in scope vs those that are not. Reminder of 2 readings rules and the timing of the various plenaries. Alan Greenberg: this version does not need to be an official first reading by the plenary - could go to ICANN Legal at same time. Cheryl Langdon-Orr: ok with this approach. Lori Schulman: Will try to have next version tonight - regardless we will get a version out tomorrow for initial comments by the plenary - the Guidelines group could then consider these comments at its next meeting on 18th and have it ready for an official first reading on 25 January plenary. 4. Submit Draft Report to ICANN Legal for Temperature Check? Lori Schulman: No objection to sending to ICANN legal for comments. Will proceed with this. 5. AOB Lori Schulman: none - Adjourned.

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Re: [Ws2-guidelines] Draft Report for Guidelines Sub Team
by Lori Schulman Jan. 6, 2017

Jan. 6, 2017

Hi Sam, Thank you. I do appreciate your input even in jpeg and will transfer to the draft. Lori Schulman Senior Director, Internet Policy INTA +1(202)704-0408 On Jan 6, 2017, at 12:22 AM, Sam Lanfranco <sam(a)lanfranco.net<mailto:sam@lanfranco.net>> wrote: Lori, You did say "..but welcome all input in any format." so here is a jpeg. I am [S2/3] <oheippdjcodieapo.png> From: Lori Schulman Sent: Thursday, January 05, 2017 12:45 PM To: ws2-guidelines(a)icann.org<mailto:ws2-guidelines@icann.org> Cc: 'MSSI Secretariat' <mssi-secretariat(a)icann.org><mailto:mssi-secretariat@icann.org> Subject: Draft Report for Guidelines Sub Team Importance: High Dear Team, Attached is a draft report for your review and comment. It is brief and relies on the discussions we have had to date plus the staff report and WS1 recommendations. I created a small table of references for your convenience. You will note that there are 2 open questions that I think we should discuss and make recommendations rather than just ask for community input. One of the questions about having a standard form was included in the Google doc which no one commented on. To Avri's point on the last call, we have not fully discussed and need to treat this project as top priority if we are to make the January 18th deadline, so I expect a lot of activity on the list. I have also asked the secretariat to reschedule this week's call if possible. The CCWG Plenary is meeting at the time that we usually meet next week. If we find an open meeting slot next week, we will let you know. Feel free to redline and repost, I will follow and collect the notes for revision. I have also asked Yvette to post as a google doc for those of who prefer that platform. I prefer WORD to stay true to the formatting but welcome all input in any format. I have to say that while I am very happy to volunteer my time to this effort, I am disappointed that only a few people have commented or made an effort to bolster the substance up until now. This is an arcane and difficult topic, one I am sure that few, if any, of us has seen before. However, that should not stop us from fully participating in the endeavor. The power to remove the Board and to be protected from retaliatory actions is something the community fought very hard for and we need to make sure that we are protected in process. 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/> < rest deleted > -- ------------------------------------------------ "It is a disgrace to be rich and honoured in an unjust state" -Confucius ??????????????????????? ------------------------------------------------ Dr Sam Lanfranco (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario, CANADA - M3J 1P3 email: Lanfran(a)Yorku.ca<mailto:Lanfran@Yorku.ca> Skype: slanfranco blog: https://samlanfranco.blogspot.com Phone: +1 613-476-0429 cell: +1 416-816-2852 ________________________________

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Re: [Ws2-guidelines] Draft Report for Guidelines Sub Team
by Lori Schulman Jan. 5, 2017

Jan. 5, 2017

Also, I would like to submit the draft to ICANN legal for a quick "temperature check". Is the group OK with that? Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: Lori Schulman Sent: Thursday, January 05, 2017 12:45 PM To: ws2-guidelines(a)icann.org Cc: 'MSSI Secretariat' <mssi-secretariat(a)icann.org> Subject: Draft Report for Guidelines Sub Team Importance: High Dear Team, Attached is a draft report for your review and comment. It is brief and relies on the discussions we have had to date plus the staff report and WS1 recommendations. I created a small table of references for your convenience. You will note that there are 2 open questions that I think we should discuss and make recommendations rather than just ask for community input. One of the questions about having a standard form was included in the Google doc which no one commented on. To Avri's point on the last call, we have not fully discussed and need to treat this project as top priority if we are to make the January 18th deadline, so I expect a lot of activity on the list. I have also asked the secretariat to reschedule this week's call if possible. The CCWG Plenary is meeting at the time that we usually meet next week. If we find an open meeting slot next week, we will let you know. Feel free to redline and repost, I will follow and collect the notes for revision. I have also asked Yvette to post as a google doc for those of who prefer that platform. I prefer WORD to stay true to the formatting but welcome all input in any format. I have to say that while I am very happy to volunteer my time to this effort, I am disappointed that only a few people have commented or made an effort to bolster the substance up until now. This is an arcane and difficult topic, one I am sure that few, if any, of us has seen before. However, that should not stop us from fully participating in the endeavor. The power to remove the Board and to be protected from retaliatory actions is something the community fought very hard for and we need to make sure that we are protected in process. 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/> 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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Re: [Ws2-guidelines] Draft Report for Guidelines Sub Team
by Lori Schulman Jan. 5, 2017

Jan. 5, 2017

Attached is an edited version with 2 typos that were caught and corrected. Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: Lori Schulman Sent: Thursday, January 05, 2017 12:45 PM To: ws2-guidelines(a)icann.org Cc: 'MSSI Secretariat' <mssi-secretariat(a)icann.org> Subject: Draft Report for Guidelines Sub Team Importance: High Dear Team, Attached is a draft report for your review and comment. It is brief and relies on the discussions we have had to date plus the staff report and WS1 recommendations. I created a small table of references for your convenience. You will note that there are 2 open questions that I think we should discuss and make recommendations rather than just ask for community input. One of the questions about having a standard form was included in the Google doc which no one commented on. To Avri's point on the last call, we have not fully discussed and need to treat this project as top priority if we are to make the January 18th deadline, so I expect a lot of activity on the list. I have also asked the secretariat to reschedule this week's call if possible. The CCWG Plenary is meeting at the time that we usually meet next week. If we find an open meeting slot next week, we will let you know. Feel free to redline and repost, I will follow and collect the notes for revision. I have also asked Yvette to post as a google doc for those of who prefer that platform. I prefer WORD to stay true to the formatting but welcome all input in any format. I have to say that while I am very happy to volunteer my time to this effort, I am disappointed that only a few people have commented or made an effort to bolster the substance up until now. This is an arcane and difficult topic, one I am sure that few, if any, of us has seen before. However, that should not stop us from fully participating in the endeavor. The power to remove the Board and to be protected from retaliatory actions is something the community fought very hard for and we need to make sure that we are protected in process. 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/> 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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Draft Report for Guidelines Sub Team
by Lori Schulman Jan. 5, 2017

Jan. 5, 2017

Dear Team, Attached is a draft report for your review and comment. It is brief and relies on the discussions we have had to date plus the staff report and WS1 recommendations. I created a small table of references for your convenience. You will note that there are 2 open questions that I think we should discuss and make recommendations rather than just ask for community input. One of the questions about having a standard form was included in the Google doc which no one commented on. To Avri's point on the last call, we have not fully discussed and need to treat this project as top priority if we are to make the January 18th deadline, so I expect a lot of activity on the list. I have also asked the secretariat to reschedule this week's call if possible. The CCWG Plenary is meeting at the time that we usually meet next week. If we find an open meeting slot next week, we will let you know. Feel free to redline and repost, I will follow and collect the notes for revision. I have also asked Yvette to post as a google doc for those of who prefer that platform. I prefer WORD to stay true to the formatting but welcome all input in any format. I have to say that while I am very happy to volunteer my time to this effort, I am disappointed that only a few people have commented or made an effort to bolster the substance up until now. This is an arcane and difficult topic, one I am sure that few, if any, of us has seen before. However, that should not stop us from fully participating in the endeavor. The power to remove the Board and to be protected from retaliatory actions is something the community fought very hard for and we need to make sure that we are protected in process. 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/> 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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Cancelling Today's Meeting
by Lori Schulman Jan. 4, 2017

Jan. 4, 2017

Dear All, Happy New Year and welcome back. I woke up very ill today and am cancelling our call. You have my sincere apologies for this but I would not have cancel if I thought I had the energy to lead the call. I have a draft report that I will post by open of business Eastern time tomorrow. I was hoping to post it now but it needs some more work and I am really under the weather. Again, my apologies, I know that we are up against a deadline in a few weeks but I really can't lead a call today. Lori Lori S. Schulman Senior Director, Internet Policy International Trademark Association (INTA) +1-202-704-0408, Skype: lsschulman From: ws2-guidelines-bounces(a)icann.org [mailto:ws2-guidelines-bounces@icann.org] On Behalf Of MSSI Secretariat Sent: Thursday, December 15, 2016 1:43 AM To: ws2-guidelines(a)icann.org Cc: accountability-cross-community-bounces(a)icann.org Subject: [Ws2-guidelines] Notes, recordings, transcript for WS2 Guidelines for Good Faith Subgroup_ Meeting #6_ 14December 6 Hello all, The notes, recordings and transcripts for CCWG Accountability WS2 Guidelines for Good Faith, Meeting #6 - 14 December 2016 will be available here: https://community.icann.org/x/WZbDAw A copy of the notes may be found below. Thank you. Kindest Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Assistant ICANN | Internet Corporation for Assigned Names & Numbers 12025 Waterfront Drive, Playa Vista, CA 90094 yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> | www.icann.org<http://www.icann.org> ________________________________ Notes Guidelines for Good Faith | Meeting #6 14 December 2016 @ 19:00 UTC Guidelines Agenda: 1. Attendance 2. Changes to SOI 3. Review of Revised Guidelines Based on Hyderabad Feedback 4. Call Next Week? 5. AOB Notes: (including relevant portions of the chat) Introduction * Lori: today's discussion will be do review 2nd draft of the guidelines. It is an umbrella document. After comments are received, we'll produce a 3rd draft. * We need to bring this to CCWG plenary no later than January 18 to meet the short track timeline. 1. Attendance * Roll call will be taken from the AC room. 2. Changes to SOI * No changes to SOI. 3. Review of Revised Guidelines Based on Hyderabad Feedback * Lori read through the new version. * Alan: this looks pretty good. we have to use the words "in good faith" somewhere * Lori suggests putting it in I.a. "and must be in good faith" * Alan: IIb: period of review ... SO/AC: we need to confirm which body is making the decision, it may be the council rather than the SO itself. * Lori: I'll make sure that nomenclature aligns with the bylaws. * Alan: c and d I suspect don't belong here. * Lori: wanted to stress it is an open and transparent process * Alan: maybe "open and transparent as consistent with the rules of the organization" * all SO/ACs have a requirement to notice other organizations. * Cheryl: I think this is looking good * Lito Ibarra: Alan's observations are valid and useful * Julf Helsingius: I agree, it is looking pretty good * Avri: i'd say we are half way done, it needs more discussion and more time to focus on it. * Lori: asking the group to focus on this before Christmas, put some comments on Google Doc, or in emails. * Lori: would like to submit this to ICANN Legal team to provide their input and expertise * Cheryl: could we get a link to the Google Doc * ACTION (staff): send a link to the Google Doc to the subgroup mailing list 4. Call Next Week? * Lori: should we meet next week? * Subgroup agrees to cancel next call. * ACTION (subgroup): send comments on the draft 5. AOB * Bernie: suggest underlining the fact that each SO/AC has their own procedures & rules, and they should be referenced when an SO or AC wishes to document its use of this process. * Cheryl Langdon-Orr (CLO): pro forma set of desirables in our report? * Alan: I am not sure to understand what Bernie is saying, all we can could is say it has to be done in accordance with their set of procedures. Our doc should not be more specific. * Bernie: There should be a note that whenever an So/AC is following through, they should quote the rule that they are following at that time. * Alan: Shouldn't that be true for exercising any community empowered power? We have set up the bylaws but we haven't set up any procedures for overall coordination of any of these things * Lori: should this take more the form of a recommendation than a footnote in our report? * Alan: this is a generic issue that we have to address on a global scale for all of the powers, that someone along the way needs to address. * Lori: this needs to be in our report. * Alan: you said you would start filling out the template for our formal report to the CCWG, when do you think you'll have that ready? * Lori: I will try to produce a draft before new year. ________________________________

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