December 2016 - Ws2-so_ac - lists.icann.org

Notes, recordings, transcript for WS2 SO/AC Accountability Subgroup Meeting #15 - 15DEC16
by MSSI Secretariat Dec. 15, 2016

Dec. 15, 2016

Hello All, The notes, recordings and transcripts for WS2 SO/AC Accountability Subgroup | Meeting #15 @ 05:00 UTC - 15December16 will be made available here: https://community.icann.org/x/FJTDAw For your reference, a copy of the notes are below. Thank you! Kind Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Asst. ICANN Email: yvette.guigneaux(a)icann.org<mailto:yvette.guigneaux@icann.org> Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann 12025 Waterfront Drive, Suite 300 Playa Vista, CA 90094 ________________________________ Notes SO/AC Accountability Meeeting #15 15 December 2016 @ 05:00 UTC Apologies: Julf Helsingius, Olga Cavalli Agenda: 0. Call Administration 1. Review of any AI's from call #14 on December 8th see https://community.icann.org/x/D5TDAw[community.icann.org] 2. Updates: * Input from the Survey sent to SOandAC's * Any Sub Team Activities since our last call 3. Discussion, current DRAFT documentation readings and review. See https://docs.google.com/document/d/14XrP2QiGv04qNtn_EuOR3nEc6uAN2ySlpQM5f69… - track 1. Review and discuss time line and process for Drafting ST1 to conduct Data Capture and Develop Recommendations to improve SO and AC processes for accountability, transparency, and participation that are helpful to prevent capture. - track 2. Evaluate the proposed "Mutual Accountability Roundtable" to assess its viability and, if viable, undertake the necessary actions to implement it. The preliminary conclusion in the doc on page 4 - track 3. Assess whether the Independent Review Process (IRP) should be applied to SO & AC activities. The preliminary conclusion in the doc on pg 5 4. Next Meeting and future Meeting schedule o 12 January @ 13:00 UTC o 19 January @ 05:00 UTC o 26 January @ 13:00 UTC Notes: (including relevant portions of the chat) * Farzaneh walked through the agenda. * Request from Kavouss to move the 0500 of JAN 19 to 1900. 0. Call Administration (Skipped.) 1. Review of any AI's from call #14 on December 8th * see https://community.icann.org/x/D5TDAw * Steve Del Bianco: during the last call, tracks 2 & 3 were discussed. A new version of the document was circulated on Monday, with updates on track 3 regarding IRP. We'll get back to the draft in the last portion of this call. 2. Updates: * Input from the Survey sent to SO andAC's * Farzaneh: We have received response from the ccNSO, constituency group of GNSO and the GAC. Expecting responses from other parts of the GNSO. We have tabulated the answers from GNSO and GAC in a google doc, we'll add the ccNSO after this call. * Steve DelBianco: ASO informed us today that we should have their response this week. We should discuss sending a reminder email to remaining organizations. * Kavouss suggests adding a deadline for responses to be received, so that there is enough time to analyze the responses. * avri doria: we should ask again, but remember that while they should fill them out, they are under no obligation to do so. * Cheryl: maybe our co-chairs can help us get the missing answers. * Steve: we need to fill subteam 1, so that they start working on this, and we should not wait until our next phone call to start the work. * Cheryl: it would be helpful to have more people volunteer to join team 1. * Displayed tabulated table of responses on screen. Current table displayed is difficult to use, because the columns are very narrow. * Loaded GAC response. * Steve: We'll have to summarize the responses in order to be able to display them side by side. Let's discuss the methodology to do the analysis. * Kavouss: we have to keep in mind the end result, which will have to be a short summary of the responses provided. * CW: Do we expect a GNSO reply, and/or several other replies from their respective communities. * Steve: we expect responses from GNSO, but also from stakeholder groups and business constituencies * CW: the first two replies reveal dominant themes, and we should follow these themes (common grounds, and exceptions). This should help identify best practices. * Cheryl: Subteam 1 can use the weekly call to progress the analysis, as well as work off line through the mailing list. * Steve suggests breaking down the question #2 into sub-questions using letters to number the sub-questions. Subteam 1 should follow this numbering in their analysis. * Structural differences need to be noted as part of the analysis, to avoid misinterpretations. * Steve reiterated the need for more volunteers to participate in the analysis of the responses received. ACTION (rapporteurs): work with co-chairs to send reminder emails to SO/ACs who haven't responded yet. 3. Discussion, current DRAFT documentation readings and review. * This section couldn't be covered in call, due to lack of time. 4. Next Meeting and future Meeting schedule o 12 January @ 13:00 UTC o 19 January @ 05:00 UTC o 26 January @ 13:00 UTC * Request from Kavouss to move the 0500 of JAN 19 to 1900 - Cheryl will check if the slot is available.

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Agenda for our call #15, Thursday Dec 15th 2016 at 0500 UTC
by Cheryl Langdon-Orr Dec. 14, 2016

Dec. 14, 2016

*Please join the Work Stream 2 - SOAC Accountability Subgroup Meeting #15 on Thursday, 15th December @ 05:00 UTC.* *CALL DETAILS:Link to Adobe Connect:* https://participate.i cann.org/mssi-projects *Mobile: tel://1-719-867-0497,*,,5263384535# <//1-719-867-0497,*,,5263384535#>* *Agenda* *0. Call Administration (2- 5 min CLO)* *1. Review of any AI's from call #14 on December 8th see * https://community.icann.org/x/D5TDAw *(5 min CLO)* *2. Updates (5-10 mins) :-* Input from the Survey sent to SOandAC's (5 min CLO)* Any Sub Team Activities since our last call (3-5 min SDB)* *3. Discussion, current DRAFT documentation readings and review. (30 - 40 min CLO/SDB/FB) * *See *https://docs.google.com/document/d/14XrP2QiGv04qNtn_EuOR 3nEc6uAN2ySlpQM5f69PNI8/edit?usp=sharing * - *track 1. Review and discuss time line and process for Drafting ST1 to conduct Data Capture and Develop Recommendations to improve SO and AC processes for accountability, transparency, and participation that are helpful to prevent capture. * - *track 2. Evaluate the proposed “Mutual Accountability Roundtable” to assess its viability and, if viable, undertake the necessary actions to implement it. The preliminary conclusion in the doc on page 4 * - *track 3. Assess whether the Independent Review Process (IRP) should be applied to SO & AC activities. The preliminary conclusion in the doc on page 5 *4. Next Meeting and future Meeting schedule (2 Min CLO/Staff)* *5. AOB and recap of any AI's (3-5 min CLO) * *Upon logging into Adobe Connect, a pop up window will provide you the option to Dial Out to your Phone.* *Enter your Phone Number* (Remember to change the Country Code if needed).* *After joining the call, as a courtesy to others and the presenters, please MUTE your phone.* *This can be done by selecting *6 on your keypad. To UNMUTE select *6 again.* *If you are unable to log into Adobe Connect and can only join via phone:List of International Dial-In Numbers: View dial-in numbers Participant Passcode: 526 338 4535 *

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FOR REVIEW: Draft report on Mutual Accountability Roundtable and IRP applicability
by Steve DelBianco Dec. 13, 2016

Dec. 13, 2016

For our next SOAC Accountability call, please review the latest from Sub Team 2, who are drafting our Report to the CCWG. The attached draft report draws from our previous documents and discussions, and narrows our work to 3 tracks: Track 1. Review and develop recommendations to improve SO and AC processes for accountability, transparency, and participation that are helpful to prevent capture. [yet to be drafted, since we are awaiting SOAC responses to our questionnaire] Track 2. Evaluate the proposed “Mutual Accountability Roundtable” to assess its viability and, if viable, undertake the necessary actions to implement it. The preliminary conclusion in the attached doc is on page 4: We conclude that the Mutual Accountability Roundtable as originally described is more of a transparency exercise where best practices may be shared. While this exercise is viable, we do not recommend it for formal implementation. SO and AC chairs have a standing email list and may convene calls and meetings at any time. That creates an appropriate and adequate forum for sharing of experiences and best practices on accountability to their respective stakeholders. Track 3. Assess whether the Independent Review Process (IRP) should be applied to SO & AC activities. The preliminary conclusion in the attached doc is on page 5: The IRP would not be applicable to SO & AC activities, as the IRP is currently described in Bylaws. While the IRP could be made applicable by amending bylaws significantly, the IRP should not be made applicable to SO & AC activities, because it is complex and expensive, and there are easier alternative ways to challenge an AC or SO action or inaction Before our next call, please suggest edits to tracks 2 and 3 in the Google Doc, at https://docs.google.com/document/d/14XrP2QiGv04qNtn_EuOR3nEc6uAN2ySlpQM5f69… —Steve

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Business Constituency (BC) response to SO/AC Accountability Questions
by Steve DelBianco Dec. 13, 2016

Dec. 13, 2016

Attached is the first response of the Business Constituency (BC) to the SO/AC accountability questions circulated on 4-Nov. After the SO/AC group begins to analyze responses, we may offer additional responses in areas where more information is needed. Note that the response describes BC charter and procedures, so we are not taking any positions or making any normative comment with this submission. Steve DelBianco Vice Chair for Policy Coordination ICANN Business Constituency Questions to address: 1. What is your interpretation of the designated community defined in the Bylaws? For example, do you view your designated community more broadly or narrowly than the Bylaws definition? 2. What are the published policies and procedures by which your AC/SO is accountable to the designated community that you serve? 2a. Your policies and efforts in outreach to individuals and organizations in your designated community who do not yet participate in your AC/SO. 2b. Your policies and procedures to determine whether individuals or organizations are eligible to participate in your meetings, discussions, working groups, elections, and approval of policies and positions. 2c. Transparency mechanisms for your AC/SO deliberations, decisions and elections 2d. Were these policies and procedures updated over the past decade? If so, could you clarify if they were updated to respond to specific community requests/concerns? 3. Mechanisms for challenging or appealing elections. Does your AC/SO have mechanisms by which your members can challenge or appeal decisions and elections? Please include link where they can be consulted. 4. Any unwritten policies related to accountability. Does your AC/SO maintain unwritten policies that are relevant to this exercise? If so, please describe as specifically as you are able. From: <accountability-cross-community-bounces(a)icann.org<mailto:accountability-cross-community-bounces@icann.org>> on behalf of Hillary Jett <hillary.jett(a)icann.org<mailto:hillary.jett@icann.org>> Date: Friday, November 4, 2016 at 9:35 AM To: CCWG-Accountability <accountability-cross-community(a)icann.org<mailto:accountability-cross-community@icann.org>> Subject: [CCWG-ACCT] FW: CCWG-Acct SO/AC Questions Dear SO/AC Chairs, As you are aware, the newly-adopted ICANN bylaws tasked our Cross Community Working Group to investigate several issues as part of our Work Stream 2 effort. SO/AC Accountability is one of these items. As part of this effort, we have set up a subgroup, responsible for reviewing how each SO and AC is accountable to its designated community, and potentially to global Internet stakeholders as well. The background and progress for this group are described here[docs.google.com]. As part of this effort, the group intends to start by an assessment of the current situation. That’s why we are turning to you to point us to resources and documents used to maintain accountability to your respective designated community, taking into account the particular or specific working modalities of each SO/AC (and any subgroups). We would appreciate if you could provide responses to the attached questions within the next 30 days, so that work on this important item of WS2 can proceed in due course. Responses can be provided to acct-staff(a)icann.org<mailto:acct-staff@icann.org>. Along with the rapporteurs of the SO/AC accountability subgroup, Cheryl Langdon-Orr, Farzaneh Badii and Steve Del Bianco, we thank you in advance and remain available for any clarification that you may need. Best regards, Leon, Thomas & Mathieu

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Questions re SO/AC Accountability: GAC response
by Tom Dale Dec. 12, 2016

Dec. 12, 2016

On behalf of the GAC Chair, please find attached the GAC's agreed response to the questions circulated on 4 November 2016. Regards Tom Dale ACIG GAC Secretariat ACIG - Australian Continuous Improvement Group evaluate :: improve :: innovate Cell: + 61 418 207 376 tom(a)acig.com.au<mailto:michelle@acig.com.au> www.acig.com.au<http://www.acig.com.au/> ACIG is an independent consulting firm engaged to provide secretariat support to ICANN's Governmental Advisory Committee.

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Notes, recordings, transcript for WS2 SO/AC Accountability Subgroup Meeting #14 - 08DEC16
by MSSI Secretariat Dec. 8, 2016

Dec. 8, 2016

Hello All, The notes, recordings and transcripts for WS2 SO/AC Accountability Subgroup | Meeting #14 @19:00 UTC - 08 December 16 will be made available here: https://community.icann.org/x/D5TDAw For your reference, a copy of the notes are below. Thank you! Kind Regards, Yvette Guigneaux Multi-Stakeholder & Strategic Initiative Asst. ICANN Email: yvette.guigneaux(a)icann.org Cell: +1-310-460-8432 Skype: yvette.guigneaux.icann 12025 Waterfront Drive, Suite 300 Playa Vista, CA 90094

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Agenda for this week's meeting Thursday 8th December @ 1900 UTC
by Cheryl Langdon-Orr Dec. 8, 2016

Dec. 8, 2016

*Please join the Work Stream 2 - SOAC Accountability Subgroup Meeting #14 on Thursday, 8th December @ 19:00 UTC.* *CALL DETAILS:Link to Adobe Connect:* https://participate.i cann.org/mssi-projects/ *** *New Adobe Connect link, please bookmark!!Mobile: tel://1-719-867-0497,*,,5263384535#* *Agenda* *0. Call Administration (2- 5 min CLO)* *1. Review of any AI's from call #13 on December 1st see* https://community.icann.org/x/XoTDAw *(5 min CLO)* *2. Updates (5-10 mins) :-* Expected input from the Survey sent to SOandAC's (5 min CLO)* Any Sub Team Activities since our last call (3-5 min SDB)* *3. Discussion * Next Steps - draft recommendation on IRP and its applicability (5-10 min SDB)* * - first draft of recommendation of WS2 on MAR . (5-10 min SDB/CLO)* * - Review our 2017 activities and timeline (10 min CLO/SDB)* *4. Next Meeting and future Meeting schedule (2 Min CLO/Staff)* *5. AOB and recap of any AI's (3-5 min CLO) * *Upon logging into Adobe Connect, a pop up window will provide you the option to Dial Out to your Phone.Enter your Phone Number* (Remember to change the Country Code if needed).After joining the call, as a courtesy to others and the presenters, please MUTE your phone.This can be done by selecting *6 on your keypad. To UNMUTE select *6 again.* *If you are unable to log into Adobe Connect and can only join via phone:List of International Dial-In Numbers: View dial-in numbers Participant Passcode: 526 338 4535*

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Notes, recordings, transcript for WS2 SO/AC Accountability Subgroup Meeting #13 | 1 December 2016
by MSSI Secretariat Dec. 1, 2016

Dec. 1, 2016

Hello all, The notes, recordings and transcripts for WS2 SO/AC Subgroup Meeting #13 from 1 December 2016 @ 13:00 UTC will be available here: https://community.icann.org/x/XoTDAw A copy of the notes and chat are found below. Thank you. With kind regards, Brenda Brewer, Projects & Operations Assistant Multistakeholder Strategy & Strategic Initiatives (MSSI) ICANN - Internet Corporation for Assigned Names and Numbers Action Items * ACTION (drafting team): Update google doc with today's discussion, and distribute to the list. Notes: (including relevant portions of the chat) 0. Call Administration (2- 5 min CLO) * Roll call will be taken from the Adobe Connect room. * Audio only: Greg Shatan * Asking for more volunteers to join the report drafting team 1. Review of any AI's from call #12 on November 23rd * see https://community.icann.org/x/w5DDAw[community.icann.org]<https://community.icann.org/x/w5DDAw%5Bcommunity.icann.org%5D> 2. Updates (5-10 mins) :- * During CCWG Plenary, our subgroup requested to be moved to track 1. This request was approved, our group will now work towards the longer timeline. * Reviewed the SO/AC Accountability dashboard slide - Working now on 3 tracks only. * Steve DelBianco gave an update on the edits made to the draft document. 3. Introduction to IRP in the context of our mandate to Review and comment on the applicability of IRP for use with AC/SO Accountability. 30-40 mins) * Kavouss would like to discuss the applicability of IRP to SO/AC. It has not been designed for that. * Alan indicated that he would think the rules would be amended if we decide it is a good vehicle * David McAuley made a presentation of the IRP: * SO/AC are not legal entities. * Costs of an IRP can escalate, not sure if SO/AC could pay for those. * It would probably take a change in the bylaws to take SO/ACs in IRPs. * CW in support of David's point on costs. * Kavouss: if we agree that IRP is not a good vehicle, we should document why in our report. * Jorge Cancio (GAC Switzerland): SO/ACs do not take final decisions - at least no decisions with effects beyond themselves - hence I do not think IRP should apply * Steve: I hear that IRP is not applicable today, that it could be, but that it should not. More lighweighed vehicles like ombudsman would be more appropriate. * Jorge Cancio (GAC Switzerland): I feel that applying IRP to what advisory committees and SOs recommend would interfere with our procedures, would increase complexity, would interfere with Board responsibility and be a great new source of income for lawyers... apart to the fact that SO/AC have no legal entity and make no final decisions applicable to third parties * Greg: the IRP is not fit for purpose for SO/AC dispute resolution. * David reinforced that he believes the IRP is not the right vehicle and would require heavy changes in SO/AC entities * Sebastien Bachollet, Alan Greenberg express support. * The cost implication should not be the only motivation, there could possibly be indemnification. * David McAuley offered to make a written statement to the mailing list to summarize his intervention. * Avri: appeal to the board could be an enabling step to IRP for SOAC action. * Farzaneh summarised the views expressed, ie the existing bylaw is not applicable, and the IRP should not be amended for SO/AC.. * Steve DelBianco [GNSO - CSG]: for the notes: Our question is “Whether the Independent Review Process (IRP) should be applied to SO & AC activities.”the answer has 3 parts: Would not be applicable, as IRP is currently described in Bylaws.While it could be made applicable, by amending bylaws significantly,the IRP should not be made applicable to SO & AC activities, because it is complex and expensive, and there are easier alternative ways to challenge an AC or SO action or inaction * Next steps: * Steve: We now need to focus on track 2 on MAR, while we wait on responses from SO/ACs on track 1 * The drafting team will update our draft report with today's outcomes. 4. Next Meeting and future Meeting schedule (2 Min CLO/Staff) * 8 December @ 19:00 UTC 5. AOB and recap of any AI's (3min CLO) * ACTION (drafting team): Update google doc with today's discussion, and distribute to the list. * Sebastien Bachollet apologizes for not being able to join the next call.

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Re: [Ws2-so_ac] Agenda for our upcoming WS2- SOAC-Accountability meeting Dec 1st 1300 UTC
by Steve DelBianco Dec. 1, 2016

Dec. 1, 2016

The link to the Google Doc for sub team 2 (draft report) is: https://docs.google.com/document/d/14XrP2QiGv04qNtn_EuOR3nEc6uAN2ySlpQM5f69… From: Cheryl Langdon-Orr <langdonorr(a)gmail.com<mailto:langdonorr@gmail.com>> Date: Wednesday, November 30, 2016 at 9:19 PM To: Brenda Brewer <mssi-secretariat(a)icann.org<mailto:mssi-secretariat@icann.org>>, Steve DelBianco <sdelbianco(a)netchoice.org<mailto:sdelbianco@netchoice.org>>, farzaneh badii <farzaneh.badii(a)gmail.com<mailto:farzaneh.badii@gmail.com>> Subject: Fwd: Re: Agenda for our upcoming WS2- SOAC-Accountability meeting Dec 1st 1300 UTC Clean Agenda for use in AC Room > > On 1 Dec 2016 12:58, "Cheryl Langdon-Orr" <langdonorr(a)gmail.com<mailto:langdonorr@gmail.com>> wrote: > > > > Please join the Work Stream 2 - SOAC Accountability Subgroup Meeting #13 on Thursday, 1st December @ 13:00 UTC. > > > > CALL DETAILS: > > Link to Adobe Connect: https://participate.icann.org/mssi-projects/ ***New Adobe Connect link, please bookmark!! > > Mobile: tel://1-719-867-0497,*,,5263384535# > > Agenda 0. Call Administration (2- 5 min CLO) 1. Review of any AI's from call #12 on November 23rd see https://community.icann.org/x/w5DDAw (3 min CLO) 2. Updates (5-10 mins) :- *Short Review of CCWG Plenary meeting (2-3 min CLO) *Expected input from the Survey sent to SOandAC's (2-3 min CLO) * Any Sub Team Activities since our last call (3-5 min SDB/FB) 3. Introduction to IRP in the context of our mandade to Review and comment on the applicability of IRP for use with AC/SO Accountability. 30-40 mins) * Introduction, outline of IRP and background information (Total 15 - 20 min guest Chair IRP ST David McAuley) - Further interventions and comments by the Ombuds and te Chair of the IOT-WT (5-10 min HW/SB) - Start up discussion on our review of applicability of IRP to AC/SO Accountability (10 min ) - next steps (5 min CLO) 4. Next Meeting and future Meeting schedule (2 Min CLO/Staff) 5. AOB and recap of any AI's (3min CLO) Upon logging into Adobe Connect, a pop up window will provide you the option to Dial Out to your Phone. Enter your Phone Number* (Remember to change the Country Code if needed). After joining the call, as a courtesy to others and the presenters, please MUTE your phone. This can be done by selecting *6 on your keypad. To UNMUTE select *6 again. If you are unable to log into Adobe Connect and can only join via phone: List of International Dial-In Numbers: View dial-in numbers Participant Passcode: 526 338 4535

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Agenda for our upcoming WS2- SOAC-Accountability meeting Dec 1st 1300 UTC
by Cheryl Langdon-Orr Dec. 1, 2016

Dec. 1, 2016

*Please join the Work Stream 2 - SOAC Accountability Subgroup Meeting #13 on Thursday, 1st December @ 13:00 UTC.* *CALL DETAILS:* *Link to Adobe Connect: **https://participate.icann.org/mssi-projects* <https://participate.icann.org/mssi-projects>*/ ***New Adobe Connect link, please bookmark!!* *Mobile: tel://1-719-867-0497,*,,5263384535#* *Agenda* *0. Call Administration (2- 5 min CLO)* *1. Review of any AI's from call #12 on November 23rd see * https://community.icann.org/x/w5DDAw *(5 min CLO)* *2. Updates (5-10 mins) :-* ** Expected input from the Survey sent to SOandAC's (3-5 min CLO)* ** Any Sub Team Activities since our last call (3-5 min SDB/FB)* *3.* *Introduction to IRP in the context of our mandade to Review and comment on the applicability of IRP for use with AC/SO Accountability. 30-40 mins)* ** Next Steps in our Work Plan (Total 15 - 20 min guest Chair IRP ST David McAuley)* * - (5-10 min CLO)* * - basic foundations for our required 'Enhancing SOAC Accountability Workplan' (10 min FB/SDB)* * - our part in 2017 Public Comment documentation (10 min FB/SDB)* *4. Next Meeting and future Meeting schedule (5 Min CLO/Staff)* *5. AOB and recap of any AI's (5 min CLO) * *Upon logging into Adobe Connect, a pop up window will provide you the option to Dial Out to your Phone.* *Enter your Phone Number* (Remember to change the Country Code if needed).* *After joining the call, as a courtesy to others and the presenters, please MUTE your phone.* *This can be done by selecting *6 on your keypad. To UNMUTE select *6 again.* *If you are unable to log into Adobe Connect and can only join via phone:* *List of International Dial-In Numbers: View dial-in numbers Participant Passcode: 526 338 4535*

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