[CCWG-ACCT] CCWG-ACCT 21-day Public Comment Is Live

Thomas Rickert rickert at anwaelte.de
Tue Dec 1 21:51:25 UTC 2015


Hi Robin, all,
we will amend the language in the appendix. You are correct there was no full consensus and we should have made sure this is reflected in the report. 

Should there be further concerns or questions, please do direct them at us co-chairs instead of staff, please! 
While staff has done and continues to do a great job, it is us co-chairs that are responsible for taking care if such issues.

Thanks and kind regards,
Thomas 

---
rickert.net


> Am 01.12.2015 um 22:02 schrieb Robin Gross <robin at ipjustice.org>:
> 
> Thanks, Hilary, but Appendix A still contains a big falsehood that should be corrected.  It says: “As of 29 November 2015, the proposal has received the consensus support of the CCWG-Accountability with no objections or minority statements recorded for Chartering Organization consideration.”  
> 
> NCSG’s objection and dissent was noted for the record on 2 November (as was Eberhard’s objection) and the specific text of my opinion was sent on 29 November, although no deadline was provided for its inclusion despite my repeated requests for the dissenting statement submission process to be explained.
> 
> It simply isn’t a true characterization to claim there was no dissent to any of the recommendations and the record easily demonstrates this falsehood.  It does not serve ICANN to attempt to create such a false picture of unanimity on all issues in the report.  The report should be able to withstand a single dissent, which deserves to be recorded for Chartering Organization consideration, despite what the drafters (whoever they are) claim.  This misrepresentation needs to be fixed or the veracity of everything else in the report is in doubt as well.
> 
> Robin
> 
> 
>> On Dec 1, 2015, at 12:21 PM, Hillary Jett <hillary.jett at icann.org> wrote:
>> 
>> Hi Robin,
>> 
>> Appendix A has been updated with your minority viewpoint. It is reflected on the Public Comment page that the document has been updated as of 1 December 2015.
>> 
>> https://www.icann.org/en/system/files/files/draft-ccwg-accountability-proposal-appendix-a-30nov15-en.pdf
>> 
>> Thanks,
>> Hillary
>> 
>> -- 
>> Hillary Jett
>> Communications Coordinator
>> Internet Corporation for Assigned Names and Numbers (ICANN)
>> 
>> Mobile: +1 (202) 674-3403
>> Email: hillary.jett at icann.org
>> 
>> 
>> 
>> From: Robin Gross <robin at ipjustice.org>
>> Date: Tuesday, December 1, 2015 at 12:07 PM
>> To: Hillary Jett <hillary.jett at icann.org>
>> Cc: CCWG-Accountability <accountability-cross-community at icann.org>, Thomas Rickert <thomas at rickert.net>, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>, "Mathieu Weill (Mathieu.Weill at afnic.fr)" <Mathieu.Weill at afnic.fr>, Grace Abuhamad <grace.abuhamad at icann.org>
>> Subject: Re: [CCWG-ACCT] CCWG-ACCT 21-day Public Comment Is Live
>> 
>> Dear Hilary,
>> 
>> I note that my dissenting opinion was sent on 29 November and was not included in the report upon the report’s publication on 1 December.  
>> 
>> Moreover, the report has incorrectly stated that there are no dissenting opinions, however the chairs acknowledged this dissenting opinion during the CCWG meeting on 2 November.  Why did the report knowingly make a false statement about no dissent and why has the dissenting opinion still not been included with the report?  I find the delay in fixing this to be unacceptable.  If ICANN can’t even be trusted to honestly report on the accountability recommendations, we really have our work cut out for us.
>> 
>> Robin
>> 
>>> Begin forwarded message:
>>> 
>>> From: Robin Gross <robin at ipjustice.org>
>>> Date: November 29, 2015 at 3:40:45 PM PST
>>> To: Thomas Rickert <thomas at rickert.net>
>>> Cc: León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>, "Mathieu Weill (Mathieu.Weill at afnic.fr)" <Mathieu.Weill at afnic.fr>, "accountability-cross-community at icann.org Community" <accountability-cross-community at icann.org>
>>> Subject: Re: [CCWG-ACCT] Minority statements inclusion in report
>>> 
>>> Thanks, Thomas.  See below.
>>> 
>>> Dissenting Opinion of Member Robin Gross (GNSO-NSCG)
>>> 
>>> The CCWG-Accountability make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an “advisory” role to a “decision making” role over fundamental matters at ICANN, including its governance.  Consequently the proposal marginalizes the role of Supporting Organizations (SO’s) compared to today’s ICANN governance structure.  The degree of governmental empowerment over ICANN resulting from the proposal’s community mechanism is dangerous to the success of the proposal’s political acceptance as well as to its ultimate impact on a free and open Internet.
>>> 
>>> The creation of a community mechanism to hold ICANN accountable on key issues made a critical error by departing from the existing power balance between SO’s and AC’s as determined by relative board appointments.  Instead, the proposed community mechanism elevates the AC’s relative to the SO’s compared with today’s balance on ICANN's board of directors, which does not currently provide a decision making role to GAC, and which retains the primacy of the Supporting Organizations on key decisions, particularly those within the SO’s mandate.   The devaluing of the Supporting Organizations in ICANN’s key decisions was a common theme in both previous public comment periods, however the recommendations not only failed to address this widespread concern, but went even further in devaluing SO’s in the community mechanism in the 3rd report.  The community mechanism failed to take into account the appropriate roles and responsibilities of the various SO’s and AC’s, and the dangers inherent in changing those roles with a “one size fits all” approach to critical decision making.  
>>> 
>>> Additionally, I object to the proposed departure from ICANN’s typical 30-day public comment period on the 3rd report for CCWG-Accountability.  The 3rd report’s public comment only allows for 9 days of public comment after the language translations are scheduled to be published, which is far too short of a public comment period for a report of this significance and with so many important changes since previous drafts.
>>> 
>>> Robin Gross
>>> 
>>>> On Nov 29, 2015, at 1:29 PM, Thomas Rickert <thomas at rickert.net> wrote:
>>>> 
>>>> Dear Robin,
>>>> as discussed during the last CCWG call, minority statements will be included in the report as appendices if and when they are received.
>>>> 
>>>> Best,
>>>> Thomas 
>>>> 
>>>> ---
>>>> rickert.net
>>>> 
>>>> 
>>>>> Am 29.11.2015 um 21:37 schrieb Robin Gross <robin at ipjustice.org>:
>>>>> 
>>>>> Dear Co-Chairs,
>>>>> 
>>>>> I have still not received a response to this request.  What is the process for submitting minority statements?  Please advise.
>>>>> 
>>>>> Thanks,
>>>>> Robin
>>>>> 
>>>>> 
>>>>>> On Nov 11, 2015, at 5:35 PM, Robin Gross <robin at ipjustice.org> wrote:
>>>>>> 
>>>>>> Dear Co-Chairs,
>>>>>> 
>>>>>> Could you please advise on the proposed schedule and process for ensuring that minority statements will be included in the report [of the executive summary]?
>>>>>> 
>>>>>> Thank you,
>>>>>> Robin
>>>>>> _______________________________________________
>>>>>> Accountability-Cross-Community mailing list
>>>>>> Accountability-Cross-Community at icann.org
>>>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> 
>>> On Nov 30, 2015, at 6:33 PM, Hillary Jett <hillary.jett at icann.org> wrote:
>>> 
>>> Hi Robin,
>>> 
>>> Thank you for the note. We will be updating the Appendix tomorrow with minority statements received since 29 November.
>>> 
>>> Best,
>>> Hillary
>>> 
>>> -- 
>>> Hillary Jett
>>> Communications Coordinator
>>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>> 
>>> Mobile: +1 (202) 674-3403
>>> Email: hillary.jett at icann.org
>>> 
>>> 
>>> 
>>> From: Robin Gross <robin at ipjustice.org>
>>> Date: Monday, November 30, 2015 at 9:21 PM
>>> To: Hillary Jett <hillary.jett at icann.org>
>>> Cc: CCWG-Accountability <accountability-cross-community at icann.org>, Thomas Rickert <thomas at rickert.net>, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>, "Mathieu Weill (Mathieu.Weill at afnic.fr)" <Mathieu.Weill at afnic.fr>, Grace Abuhamad <grace.abuhamad at icann.org>
>>> Subject: Re: [CCWG-ACCT] CCWG-ACCT 21-day Public Comment Is Live
>>> 
>>> Thanks, but the report still incorrectly states that there are no minority opinions.  Why hasn’t the NCSG dissenting opinion been posted or acknowledged in the report?  Please fix this incorrect information and omission of a dissenting opinion from the report’s publication.
>>> 
>>> Robin
>>> 
>>>> On Nov 30, 2015, at 6:06 PM, Hillary Jett <hillary.jett at icann.org> wrote:
>>>> 
>>>> Hello all,
>>>> 
>>>> The 21-day public comment period of the CCWG-Accountability Draft Work Stream 1 Recommendations has just been posted here: https://www.icann.org/public-comments/draft-ccwg-accountability-proposal-2015-11-30-en. The comment period will run from November 30 through 23:59 UTC on December 21. 
>>>> 
>>>> We hope to begin receiving translations in the next 12-14 days.
>>>> 
>>>> Thank you!
>>>> Hillary
>>>> 
>>>> -- 
>>>> Hillary Jett
>>>> Communications Coordinator
>>>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>>> 
>>>> Mobile: +1 (202) 674-3403
>>>> Email: hillary.jett at icann.org
>>>> 
>>>> 
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
> 
> _______________________________________________
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