[CCWG-ACCT] Defending and Protecting Work Stream 2

Nigel Roberts nigel at channelisles.net
Mon Nov 2 16:49:09 UTC 2015


I think Greg is correct.

Besides which, you can redefine any terms you like, a court will still 
construe them in accordance with the law.



On 02/11/15 15:02, Greg Shatan wrote:
> Trying to come up with a definition of "global public interest", whether
> by the Board, the Community or the Sole Designator (?) seems like a an
> effort that will either be endless or perilous. Baking it into the
> Bylaws seems like an awful idea.
>
> On Monday, November 2, 2015, Schaefer, Brett
> <Brett.Schaefer at heritage.org <mailto:Brett.Schaefer at heritage.org>> wrote:
>
>     Mathieu,____
>
>     __ __
>
>     On the first point, is there a way to put in a time limit for Board
>     consideration after the community settles on its recommendations? ____
>
>     __ __
>
>     Also, what is the threshold for the Board to reject the WS2
>     recommendations? Are the recommendations piecemeal or tied together?
>     ____
>
>     __ __
>
>     On the second point, I’d prefer the reverse. In other words, the
>     Sole Designator should have to affirm or express support of the
>     Board’s assertion of actions or policy in support of the global
>     public interest (whatever that is). ____
>
>     __ __
>
>     Best,____
>
>     __ __
>
>     Brett ____
>
>     __ __
>
>     ------------------------------------------------------------------------
>     BrettSchaefer
>     Jay Kingham Senior Research Fellow in International Regulatory Affairs
>     Margaret Thatcher Center for Freedom Davis Institute for National
>     Security and Foreign Policy
>     The Heritage Foundation
>     214 Massachusetts Avenue, NE
>     Washington, DC 20002
>     202-608-6097
>     heritage.org <http://heritage.org/>
>
>     *From:*accountability-cross-community-bounces at icann.org
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>
>     [mailto:accountability-cross-community-bounces at icann.org
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>]
>     *On Behalf Of *Mathieu Weill
>     *Sent:* Monday, November 02, 2015 7:31 AM
>     *To:* accountability-cross-community at icann.org
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>
>     *Subject:* Re: [CCWG-ACCT] Defending and Protecting Work Stream 2____
>
>     __ __
>
>     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
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>
>     [mailto:accountability-cross-community-bounces at icann.org
>     <javascript:_e(%7B%7D,'cvml','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
>     <javascript:_e(%7B%7D,'cvml','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
>     <javascript:_e(%7B%7D,'cvml','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
>         <javascript:_e(%7B%7D,'cvml','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.*____
>
>             __ __
>
>             __ __
>
>             _______________________________________________
>             Accountability-Cross-Community mailing list
>             Accountability-Cross-Community at icann.org
>             <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>             https://mm.icann.org/mailman/listinfo/accountability-cross-community____
>
>         _______________________________________________
>         Accountability-Cross-Community mailing list
>         Accountability-Cross-Community at icann.org
>         <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>         https://mm.icann.org/mailman/listinfo/accountability-cross-community____
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>



More information about the Accountability-Cross-Community mailing list