[CCWG-ACCT] Defending and Protecting Work Stream 2

Mon Nov 2 12:30:52 UTC 2015

Dear Colleagues,

After Dublin we have updated the section of the report related to work 
stream 2, taking into account the Dublin discussions. It is attached for 
your information, although it’s still work in progress.

The group is clearly taking Work Stream 2 seriously, and the transition 
bylaw article is meant to provide a basis to ensure that consensus 
recommendations are effectively implemented.

Recommendation: The CCWG-Accountability recommends that the Board adopt a 
transitional provision in its Bylaws which would commit ICANN to implement 
the CCWG-Accountability recommendations, and task the group with creating 
further enhancements to ICANN's accountability including, but not limited to 
the following list of issues (see below). This transitional provision must 
be incorporated in the Bylaws as part of Work Stream 1, prior to the IANA 
Stewardship Transition.

I would also remind that we are considering to add to the Articles that 
Icann’s purpose includes a specific mention that would state :

promoting the global public interest, as such global public interest may be 
determined from time to time by the multistakeholder community [as organized 
through the Sole Designator] through an inclusive bottom-up multistakeholder 
community process,

This should also strengthen our  WS2 efforts.

Best

Mathieu

De : accountability-cross-community-bounces at icann.org 
[mailto:accountability-cross-community-bounces at icann.org] De la part de 
Jyoti Panday
Envoyé : samedi 31 octobre 2015 07:52
À : Kieren McCarthy
Cc : accountability-cross-community at icann.org
Objet : Re: [CCWG-ACCT] Defending and Protecting Work Stream 2

Dear All,

I echo Kieren's concerns here.  In addition I would like to ask if there is 
scope to include the ICG in the review of WS1 (which I believe they have 
been following closely due to names proposal) and WS2. I ask because they 
have an extended mandate till Sep 2016 and perhaps their involvement would 
be helpful in continuing the review and progress made by CCWG. It could also 
mean that the Board cannot unilaterally declare the work completed and sit 
on the recommendations as it has in the past.

Jyoti Panday

On 30 Oct 2015, at 21:23, Kieren McCarthy <kieren at kierenmccarthy.com> wrote:

A quick question: who has the authority to form and disband this working 
group?

Because one of the big problems identified in the past over ICANN 
accountability and transparency has been the fact that when a report is 
handed in, ICANN has decided that that group no longer exists.

And that has meant the ability to review or continue progress has been lost 
until years later when another group is formed.

I have no doubt whatsoever that ICANN will push to have work stream 1 
limited and to kill off work stream 2. The most effective way to do that 
would be for the Board to simply declare this working group's work 
completed.

Can it do that? What would this group do in response if it did?

Kieren

On Fri, Oct 30, 2015 at 7:49 AM Greg Shatan <gregshatanipc at gmail.com> wrote:

All,

There are at least two active discussions in the CCWG regarding items that 
are currently assigned to Work Stream 2.  In both cases, the "scope of work" 
to be accomplished in Work Stream 1 depends on Work Stream 2 happening as we 
envision it.  This in turn depends on how well we defend, protect and ensure 
the existence of WS2 in the work we're doing now.

I've been asked if I really believe that WS2 will happen.

The Board's comments essentially suggested disbanding Work Stream 2 and 
re-assigning it to ICANN's efforts at "continuous improvement," which I take 
to mean the usual processes already in place for ICANN to engage in 
self-examination and improvement (reviews (e.g., ATRT and other AoC 
reviews), PDP and non-PDP working groups, expert working groups, 
staff-and-board initiatives, etc.).

I know what the review and PDP workflow for the GNSO looks like and that 
would basically be the kiss of death (or at least an extended coma).  Work 
Stream 2 is a work stream of this CCWG, and it needs to stay that way, so 
that it stands apart from the usual business of self-improvement.  WS2 is 
basically a series of "IOU's" from WS1.

Work Stream 2 was only allowed to exist in the first place because we agreed 
that WS1 would guarantee that WS2 went forward, even without the "leverage" 
of the upcoming transition.  This has to be absolutely re-confirmed and 
guaranteed in our work reflected in our next Report, and there needs to be 
consensus in the community (which includes the Board) on that point.

If there is any doubt that WS2 is real and will proceed as planned -- if we 
are kidding ourselves and WS2 is basically nothing but a list of future 
chores to get around to at some point and under the usual methods -- if WS2 
is no more real than the Tooth Fairy or the Great Pumpkin -- if WS2 is just 
an attempt to mollify people -- let's just stop kidding ourselves, bring all 
the WS2 initiatives back into WS1, and deal with it as best we can.

We have two choices -- a real, robust and guaranteed Work Stream 2 for this 
group, or no Work Stream 2 at all.

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