[CCWG-ACCT] RES: Cochairs Statement - Istanbul (23-24 March 2015)
Phil Buckingham
phil at dotadvice.co.uk
Thu Mar 26 16:45:50 UTC 2015
+ 1 James , +1 Phil.
Absolutely. Unnecessarily stirring up a political hornet’s nest.
Thanks,
Phil
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of James
M. Bladel
Sent: 26 March 2015 15:45
To: Phil Corwin; Thomas Rickert; Pedro Ivo Ferraz da Silva
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] RES: Cochairs Statement - Istanbul (23-24 March
2015)
+1 to Phil’s points, and to reiterate what many of us raised in Istanbul:
Any IANA/Accountability proposal that includes moving ICANN outside the US,
or even lacks assurances that this –will not- happen, is dead on arrival,
and will poke a political hornet’s nest. Our work is challenging enough
without taking this on as well.
Thanks—
J.
From: Phil Corwin <psc at vlaw-dc.com>
Date: Thursday, March 26, 2015 at 9:08
To: Thomas Rickert <rickert at anwaelte.de>, Pedro Ivo Ferraz da Silva
<pedro.ivo at itamaraty.gov.br>
Cc: Accountability Cross Community
<accountability-cross-community at icann.org>
Subject: Re: [CCWG-ACCT] RES: Cochairs Statement - Istanbul (23-24 March
2015)
I see from the post below that this issue of ICANN’s future jurisdiction
has become “a most delicate matter” and remains unresolved and subject to
further discussion within the CCWG.
This is a pivotal and very important issue, as the accountability mechanisms
are being designed (with the assistance of two outside law firms) to be
consistent with California law and may not operate effectively within
another legal jurisdiction context. Further, if there is not a commitment to
remain within US jurisdiction for the foreseeable future (as CEO Chehade
pledged in Congressional testimony last month) it will raise significant
political barriers to NTIA approval of and Congressional acquiescence to a
final transition and accountability package.
For those of us unable to participate remotely in all the CCWG discussions
earlier this week, it would be most appreciated if more specificity could be
provided as soon as possible as to what the various perspectives are on this
matter and how it is proposed to resolve them, since the final determination
would seem to be a rather binary decision – either the AOC provision
committing to US jurisdiction is incorporated within the Bylaws, or it is
not.
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
Thomas Rickert
Sent: Thursday, March 26, 2015 6:22 AM
To: Pedro Ivo Ferraz da Silva
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] RES: Cochairs Statement - Istanbul (23-24 March
2015)
Dear Pedro,
you are correct. We should have mentioned that we discussed it. As this is a
most delicate matter and since we agree we would suggest language to frame
the next steps (you will remember we had not agreed on concrete language), I
suggest we use the next upcoming opportunity to share the progress with the
community when we have an agreed language on the matter.
Thanks for your understanding and for your thoughtful contributions during
the meeting.
Best,
Thomas
Am 26.03.2015 um 11:17 schrieb Pedro Ivo Ferraz da Silva
<pedro.ivo at itamaraty.gov.br>:
Dear Alice, CCWG-colleagues,
Thanks for the links. I just regret the fact that the CoChairs have missed
to refer to the important debate the CCWG has held with respect to the way
moving forward on the issue of jurisdiction. As Mathieu Weill mentioned
during the second day, this is one of the main issues of concern of
individuals outside this group and I believe the community deserved at least
to be briefly informed about this subject.
Regards,
Pedro
_____
De: accountability-cross-community-bounces at icann.org
[accountability-cross-community-bounces at icann.org] em nome de Alice Jansen
[alice.jansen at icann.org]
Enviado: quarta-feira, 25 de março de 2015 12:13
Para: accountability-cross-community at icann.org
Assunto: [CCWG-ACCT] Cochairs Statement - Istanbul (23-24 March 2015)
Dear all,
This is to inform you that the CoChairs statement (pasted below) may be
found at: https://www.icann.org/news/announcement-2015-03-25-en
A video interview with CoChair Thomas Rickert is also available - see:
https://www.youtube.com/watch?v=vVof6v0MguE
These links will be added to your wiki pages.
Thanks,
Best regards
Alice
CCWG-Accountability Co-Chairs Statement Istanbul, 25 March 2015 | Thomas
Rickert, León Sánchez & Mathieu Weill
Members and participants of the
<https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A
ccountability> Cross Community Working Group on Enhancing ICANN
Accountability (CCWG-Accountability) met in Istanbul, Turkey, on 23-24 March
2015.
The <https://community.icann.org/pages/viewpage.action?pageId=52890276>
meeting was attended in-person by 42 members and participants. A number of
participants and observers joined the meeting remotely using the virtual
meeting room. Three
<https://community.icann.org/display/acctcrosscomm/Advisors> Advisors also
participated.
Guided by the four basic
<https://community.icann.org/display/acctcrosscomm/Building+Blocks> building
blocks identified at ICANN 52 in Singapore, the group further discussed and
refined accountability mechanisms that need to be either implemented or, at
least, committed to before the transition of the IANA stewardship can take
place.
The meeting made progress on three main areas:
· Enhancing ICANN's Mission and Core Values;
· Strengthening the existing independent review process;
· Mechanisms for community empowerment.
Specifically, the group discussed changes that should be made to the Mission
and Core Values inICANN's Bylaws. For example, the group discussed how key
provisions of the
<https://www.icann.org/en/about/agreements/aoc/affirmation-of-commitments-30
sep09-en.htm> Affirmation of Commitments (AoC) could be reflected into the
Bylaws.
Additionally, the group worked on strengthening the existing independent
review process suggesting improvements to its accessibility and
affordability, and discussed process design including establishment of a
standing panel with binding outcomes and panel composition (diversity etc.).
The IRP panel decisions would be guided by ICANN's Mission and Core Values.
With regards to mechanisms for community empowerment, the group identified
powers and associated mechanisms including the ability to:
· recall the ICANN Board of Directors;
· approve or prevent changes to the ICANN Bylaws, Mission and Core
Values;
· reject Board decisions on Strategic Plan and budget, where the
Board has failed to appropriately consider community input.
The CCWG-Accountability supported the concept of a Fundamental Bylaw that
would provide additional robustness to key provisions. The Fundamental Bylaw
would apply to:
· the mission;
· the independent review process;
· the power to veto Bylaw changes;
· new community powers such as recall of the Board and the right of
the community to veto certain Board actions.
Changes to the Fundamental Bylaws would require high standards for approval
by the community.
The notion of an empowered community involved discussion of community
representation, i.e. who constitutes the community. The CCWG-Accountability
is also aware that to wield these new powers, the community, however it is
constituted, must itself meet high standards of accountability. ICANN's
accountability would also be enhanced by ensuring its operations and
processes are more globally inclusive.
The group has engaged two law firms to provide independent legal advice and
confirm feasibility of the suggested frameworks. The firms are Adler &
Colvin and Sidley & Austin.
As work progresses, all recommendations will be subject to the stress tests
against contingencies already identified. The stress test methodology has
been successfully tested against the draft accountability mechanisms.
The CCWG-Accountability is confident that their proposed mechanisms will
satisfy the needs of the CWG-Stewardship
<https://www.icann.org/news/announcement-2015-03-25-en#_ftn1> 1 as they look
to stronger accountability protections. The CCWG-Accountability and
CWG-Stewardship Co-Chairs met to update and fully brief each other on the
progress made so far. They outlined key areas of accountability that the
CCWG-Accountability Co-Chairs considered are most relevant for the current
and ongoing work of the CWG-Stewardship. The CCWG-Accountability Co-Chairs
will brief the CWG-Stewardship in the opening part of their face-to-face
meeting on Thursday, 26 March.
Next Steps:
The CCWG-Accountability will continue refining its recommendations. The
community is expected to provide feedback during a public comment period to
be held before ICANN 53, Buenos Aires meeting. The results of the public
comment period will inform further deliberations during that meeting.
The group is developing an engagement plan to ensure its proposals are
widely known and understood, and to encourage comprehensive response to
proposals during the public comment period.
The CCWG-Accountability Co-Chairs recognize the outstanding volunteer work
that has produced these substantive proposals in a very short period of
time. The community's effort has been exceptional.
About the CCWG-Accountability
The CCWG-Accountability was established to ensure that ICANN's
accountability and transparency commitments to the global Internet community
are maintained and enhanced in the absence of the historical relationship
with the U.S. Government.
The group has divided its work into two work streams (WS):
· WS1 is focused on identifying mechanisms enhancing ICANN
accountability that must be in place or committed to within the timeframe of
the IANA Stewardship Transition;
· WS2 is focused on addressing accountability topics for which a
timeline for developing solutions and full implementation may extend beyond
the IANA Stewardship Transition.
The CCWG-Accountability consists of 177
<https://community.icann.org/pages/viewpage.action?pageId=50823970> people,
organized as 26
<https://community.icann.org/pages/viewpage.action?pageId=50823968> members,
appointed by and accountable to chartering organizations, 151
<https://community.icann.org/pages/viewpage.action?pageId=50823968>
participants, who participate as individuals, and 46
<https://community.icann.org/display/acctcrosscomm/Mailing+List+Observers>
mailing list observers. The group also includes one ICANN Board liaison, one
ICANN staff representative, and one former ATRT member who serves as a
liaison. In addition, there are 4 ICG members who participate in the
CCWG-Accountability, including two who serve as liaisons between the two
groups.
Seven <https://www.icann.org/news/announcement-2014-12-17-en> Advisors have
also been appointed to contribute research and advice, and to bring
perspectives on global best practices to enrich the CCWG-Accountability
discussion.
The CCWG-Accountability is an open group: anyone interested in the work of
the CCWG-Accountability, can join as a participant or observers.
Participants or observers may be from a chartering organization, from a
stakeholder group or organization not represented in the CCWG-Accountability
or currently active within ICANN, or self-appointed.
For more information on the CCWG-Accountability or to view meeting archives
and draft documents, please refer to their
<https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A
ccountability> dedicated wiki.
A video interview with CCWG-Accountability Co-Chair Thomas Rickert can be
seen <https://www.youtube.com/watch?v=vVof6v0MguE> here.
_____
<https://www.icann.org/news/announcement-2015-03-25-en#_ftnref1> 1 Cross
Community Working Group (CWG) to Develop an IANA Stewardship Transition
Proposal on Naming Related Functions
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