[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG Accountability co-Chairs Meeting with Lawyers on 4 December

[Mathieu Weill]

Dear Colleagues,



A small correction (agenda item 3) to these notes provided in line (my
mistake for not spotting it when I reviewed)



De : accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] De la part de
Brenda Brewer
Envoyé : lundi 7 décembre 2015 19:13
À : CCWG-Accountability
Objet : [CCWG-ACCT] Notes-Recordings-Transcript links for CCWG
Accountability co-Chairs Meeting with Lawyers on 4 December



Hello all,



The notes, recordings and transcripts for CCWG Accountability co-Chairs
Meeting with Lawyers on 4 December will be available here:
https://community.icann.org/x/1oZlAw



A copy of the action items and notes may be found below.



Thank you.



Kind regards,

Brenda




Action Items


·         ACTION ITEM:  Lawyers to find the relevant email exchange.

·         ACTION ITEM: Staff to cross-check list.

·         ACTION ITEM: Legal counsel to update AOC Bylaws text.

·         ACTION ITEM: Certification to be added to the wiki list.

·         ACTION ITEM:  Co-chairs will propose subgroups of
recommendations to be worked on and reviewed in WPs jointly, in order to
streamline the process.

·         ACTION ITEM: Lawyers will coordinate to provide estimate using
CWG-Stewardship as a baseline early next week. Estimate will attempt to
cover impact of coordination between law firms. Estimates will only cover
the provision of 1st drafts, and not the intensity of iterations within
the CCWG.


Notes


These high-level notes are designed to help you navigate through content
of the call and do not substitute in any way the transcript.



1. Update on pending requests -
<https://community.icann.org/pages/viewpage.action?pageId=52896826>
https://community.icann.org/pages/viewpage.action?pageId=52896826

Legal Counsel identified IRP drafting and the memo on transparency
(inspection rights) as the two outstanding requests.

The memo on transparency (inspection rights) is missing from the wiki.

ACTION ITEM:  Lawyers to find the relevant email exchange.

Legal Counsel observed that the wiki list does not comply with
recollection from lawyers on certain items.

ACTION ITEM: Staff to cross-check list.

2. IRP drafting

Lawyers will have a draft ready in two weeks. On call #71, the CCWG-ACCT
will discuss composition of the group. Legal counsel will produce detailed
drafts and suggests that core language be included in Bylaws and details
in a policy document.

Legal Counsel indicated that there are some places in the proposal where
there are ambiguities in terms of process ( e.g. Annex 7: can action and
inaction of PTI be subject to IRP? What is standard of review etc.). Legal
Counsel will need further guidance on these questions. The CCWG-ACCT
Co-Chairs clarified that this will be the role of the implementation
group. Lawyers will make assumptions in the draft. The CCWG-ACCT will be
asked to advise on whether right or wrong. Legal Counsel will work with
implementation team on this.

3. AoC reviews incorporation update

Comments from Adler were not sent and will be provided next week. Legal
Counsel comments that the language being a moving target prior to posting
of the third draft, the paper could benefit from an additional review.

ð  What we agreed on the call December 4 is an update to the work
delivered on November 25, to reflect language in the Third Proposal
regarding the proposed Bylaws provisions, since the version marked up by
Jones Day and which was previously reviewed was based on the proposed
Bylaws provisions as presented in the Second Proposal.

The Co-Chairs certified the request to update AOC review bylaws section in
light of the Draft Proposal conclusions so that it may be circulated to
the full CCWG-ACCT.

ACTION ITEM: Legal counsel to update AOC Bylaws text.

ACTION ITEM: Certification to be added to the wiki list.

4. Rest of Bylaw drafting

Bylaws need to be approved by Board in April. Legal Counsel would welcome
clear constructions. It was agreed that for efficiency purpose, Legal
Counsel will begin drafting in January when the Final Report is issued.
Legal Counsel anticipates it will be in a position to circulate a version
for sign-off by mid February.

Legal Counsel requested that the CCWG-ACCT identify whether there are
group of recommendations that can be slotted for efficiency of reviews.

ACTION ITEM:  Co-chairs will propose subgroups of recommendations to be
worked on and reviewed in WPs jointly, in order to streamline the process.

5. Overall cost estimate for incorporation into ICANN Budget

ACTION ITEM: Lawyers will coordinate to provide estimate using
CWG-Stewardship as a baseline early next week. Estimate will attempt to
cover impact of coordination between law firms. Estimates will only cover
the provision of 1st drafts, and not the intensity of iterations within
the CCWG.

6. A.O.B

Legal counsel will share its high level remarks on the Draft Proposal with
Co-Chairs. They will be circulated to the full CCWG.







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