[CCWG-ACCT] member organization and single membership structure
Avri Doria
avri at acm.org
Wed Jul 8 23:09:21 UTC 2015
To go further.
There have been attempts to get ICANN in ATRT and other recommendations,
as a Multistakeholder organization, to become transparent by default.
These changes are still pending, though approved
It was part of 9.4 b.
> 9.4. Develop Transparency Metrics and Reporting
> The Board should ensure that as part of its yearly report, ICANN include,
> among other things, but not be limited to:
> a. A report on the broad range of Transparency issues with supporting
> metrics to facilitate accountability.
> b. A discussion of the degree to which ICANN, both staff and
> community, are adhering to a default standard of transparency in all
> policy, implementation and administrative actions; as well as the
> degree to which all narratives, redaction, or other practices used to not
> disclose information to the ICANN community are documented in a
> transparent manner.
> c. Statistical reporting to include at least the following elements:
> i. requests of the Documentary Information Disclosure Policy
> (DIDP) process and the disposition of requests.
> ii. percentage of redacted-to-unredacted Board briefing
> materials released to the general public.
> iii. number and nature of issues that the Board determined
> should be treated confidentially.
> 8
> iv. other ICANN usage of redaction and other methods to not
> disclose information to the community and statistics on
> reasons given for usage of such methods.
> d. A section on employee “Anonymous Hotline” and/or other
> whistleblowing activity, to include metrics on:
> i. Reports submitted.
> ii. Reports verified as containing issues requiring action.
> iii. Reports that resulted in change to ICANN practices.
> e. An analysis of the continued relevance and usefulness of existing
> transparency metrics, including
> i. Considerations on whether activities are being geared
> toward the metrics (i.e. “teaching to the test”) without
> contributing toward the goal of genuine transparency.
> ii. Recommendations for new metrics.
We do not need membership for this, just a commitment to fulfill the
recommendations for full transparency that ICANN has received from
almost every review it has had of accountability and transparency.
avri
On 08-Jul-15 18:47, Avri Doria wrote:
> +1
>
> On 08-Jul-15 18:37, Kieren McCarthy wrote:
>> A quick view specifically on "rights of inspection".
>>
>> I think enabling that some entity gets this right would be one of the
>> most useful of all possible accountability improvements.
>>
>> It would - perhaps over time - pull out any motivations that might
>> exist for ICANN to be misleading or less than truthful in its
>> reporting. This is going to be especially important as ICANN receives
>> increasingly large amounts of revenue and particularly given its
>> current weak financial controls.
>>
>> (See: http://www.ionmag.asia/2015/07/icann-finances-swallow-the-money/)
>>
>> I predict that ICANN corporate will fight hard to prevent any entity
>> from gaining this right. And that it will continue to fight hard even
>> when someone has that right. That in itself should be a good indicator
>> for why it should be a redline for the accountability group.
>>
>> To my mind, not allowing ICANN to hide information is the epitome of
>> actual accountability. If you can't hide it, then to save on
>> embarrassment you consider how best to share it. Over time, everyone
>> gains.
>>
>>
>> Kieren
>>
>>
>>
>> On Wed, Apr 22, 2015 at 9:51 AM, Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> wrote:
>>
>> Roelof:
>>
>> Derivative rights and the right of inspection are statutory rights
>> of members under California law. Under a multiple member model,
>> each member could choose to exercise these rights individually.
>> Under a single member model, only the single statutory member
>> would have these rights. Maybe this could be "fixed" so that
>> individual SOACs could exercise these rights in the name of the
>> single member, but I don't know if that works.
>>
>> If we don't care to have those rights (or any of the rights that
>> members have individually), then a single member set-up might
>> work. I would note that the right to inspect ICANN documents
>> (currently only available in a DIDP) has been an issue of
>> concern. I would also note that derivative rights are a powerful
>> tool for enforcement against an entity.
>>
>> I agree that when it comes to spilling the whole board, or other
>> powers intended to be exercised by the community as a whole,, the
>> single member model has the least issues vis a vis the multiple
>> member model. But when it comes to recalling an individual board
>> member or other powers to be exercised by a single member, the
>> single member model raises substantial issues.
>>
>> Greg
>>
>>
>> On Wed, Apr 22, 2015 at 11:28 AM, Roelof Meijer
>> <Roelof.Meijer at sidn.nl <mailto:Roelof.Meijer at sidn.nl>> wrote:
>>
>> Hi Ed,
>>
>> Although I have no clue about what it actually means, I am
>> quite positive that “components of the community” .. “be[ing]
>> able to avail itself of derivative rights or the right of
>> inspection” is not a requirement that we formulated as a
>> power, nor a criterium we formulated for the selection of a
>> mechanism. So I am at a bit of a loss where that comes from.
>>
>> Additionally, I do not see why stakeholders represented “in a
>> single tent” requiring a specified majority among those
>> representatives to execute a specific power (let’s say
>> spilling the board) would have less vitality and more blob,
>> than stakeholders in separate legal entities equally requiring
>> the same specified majority among those entities to execute a
>> specific power.
>>
>> Best,
>>
>> Roelof
>>
>> From: Edward Morris <egmorris1 at toast.net
>> <mailto:egmorris1 at toast.net>>
>> Date: woensdag 22 april 2015 16:24
>> To: Matthew Shears <mshears at cdt.org <mailto:mshears at cdt.org>>
>> Cc: Roelof Meijer <roelof.meijer at sidn.nl
>> <mailto:roelof.meijer at sidn.nl>>, "avri at acm.org
>> <mailto:avri at acm.org>" <avri at acm.org <mailto:avri at acm.org>>,
>> "accountability-cross-community at icann.org
>> <mailto:accountability-cross-community at icann.org>"
>> <accountability-cross-community at icann.org
>> <mailto:accountability-cross-community at icann.org>>
>>
>> Subject: Re: [CCWG-ACCT] member organization and single
>> membership structure
>>
>> I look forward to independent counsel's analysis of this proposal.
>>
>> Certainly my principle objection with this model is the
>> nullification of many of the benefits membership would bring
>> to components of the community. If the GNSO, for example, felt
>> strongly about an issue it would not be able to avail itself
>> of derivative rights or the right of inspection without the
>> consent of the greater community. Diversity is the strength of
>> the multistakeholder model and folding all rights into a
>> single tent would dampen the vitality of the diverse bottom up
>> process and instead submerge it into a giant blob like unit.
>>
>> I do remain open, though, to others thoughts on the matter and
>> thank Roelof for bringing it up.
>>
>> Ed
>>
>> Sent from my iPad
>>
>> On Apr 22, 2015, at 3:02 PM, Matthew Shears <mshears at cdt.org
>> <mailto:mshears at cdt.org>> wrote:
>>
>>> If this would achieve the same result as the broader
>>> membership model and at the same time be simpler to implement
>>> shouldn't it be looked at again? Was there a specific reason
>>> it was discounted?
>>>
>>> Matthew
>>>
>>> On 4/22/2015 2:56 PM, Roelof Meijer wrote:
>>>> Hi Avri,
>>>>
>>>> The sole membership construction, is a possibility described
>>>> in the legal document in several places: the comments by the
>>>> legal experts on the PCCWG mechanism template (page 64) and
>>>> the Community Council mechanism template (page 69). I
>>>> sent several emails about it to the WP1 list, suggesting to
>>>> look in the possibility as indeed it would not necessitate
>>>> every SO and AC to become a legal entity. And, as you do,
>>>> suggesting: "make the „Community Council” the sole member of
>>>> ICANN (and thus a formal legal entity), consisting of either
>>>> the SO and AC chairs or SO/AC elected representatives” (from
>>>> an email of 14 April).
>>>>
>>>> And I would think it would enable the SO’s and AC’s
>>>> themselves to continue appointing directors, as they do now.
>>>> But that’s just guessing, based on the fact that the SO’s
>>>> and AC’s themselves would not change status
>>>>
>>>> Best,
>>>>
>>>> Roelof
>>>>
>>>> From: Avri Doria <avri at acm.org <mailto:avri at acm.org>>
>>>> Organization: Technicalities
>>>> Reply-To: "avri at acm.org <mailto:avri at acm.org>" <avri at acm.org
>>>> <mailto:avri at acm.org>>
>>>> Date: woensdag 22 april 2015 15:09
>>>> To: "accountability-cross-community at icann.org
>>>> <mailto:accountability-cross-community at icann.org>"
>>>> <accountability-cross-community at icann.org
>>>> <mailto:accountability-cross-community at icann.org>>
>>>> Subject: Re: [CCWG-ACCT] member organization and single
>>>> membership structure
>>>>
>>>> Hi,
>>>>
>>>> On 22-Apr-15 08:26, Roelof Meijer wrote:
>>>>> 2)
>>>>> What I find quite frustrating is that I have raised the
>>>>> point of the possibility (or not) of a single membership
>>>>> structure – an option mentioned by Sidley and Adler &
>>>>> Colving in their legal advice – several times by now
>>>>> without getting any substantial reaction. I am not aware
>>>>> that any serious effort to investigate this has led to a
>>>>> formal write-off.
>>>> In some way that might lessen the complexity of making most
>>>> SOAC an individual legal entity.
>>>>
>>>> How would it work? Would we continue to appoint Directors
>>>> just as we do now?
>>>>
>>>> Or would there need to be some sort of Members Council that
>>>> took actions, working simliarly to the the executive board
>>>> or community council idea?
>>>>
>>>> thanks
>>>>
>>>> avri
>>>>
>>>>
>>>>
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