[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT Meeting #69 - 24 November

Wed Nov 25 14:12:19 UTC 2015

Hello all,

The notes, recordings and transcripts for CCWG ACCT meeting #69 - 24 November will be available
here:  https://community.icann.org/x/zLxYAw

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

Thank you.

Kind regards,

Brenda

Action Items

ACTION ITEM - Co--Chairs to discuss and get back to group  (under ST18)

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.

Finalizing Third Draft Proposal 

We are not looking for line edits. 

WP1 update

Two calls dedicated to discussing feedback on report. Most of input was received on email. 

We talked about:

- 7 powers community IRP and IANA Functions reviews;

- Issues around transparency and document inspection; 

- Decision threshold table to be added to section on powers;

- Gaps on decision-making - proposal to treat Articles of Incorporation as Fundamental Bylaws;

- Scope of incorporation of activities. Language was proposed by lawyers;

- Extension of timetable for petitions 

- Decision threshold. Decision needed here

Decision threshold

Original numbers in threshold were set up when there were 7 SO/ACs participating but now there are
5. Problem is that threshold might be too high. See page 2 for suggestion on how to deal with this.
Dublin 
compromise is that we have put several layers of compromise before decision phase. We have created 
recipe for powers being too high to use. Attempted effect does not work. We should move to slightly
lower threshold. 

Feedback:

-  How do we define particpating? Move to a compromise decision: 3 in favor and 4th one does not
object. 

-->  Participating is supporting or objecting. This proposal would allow single SO/AC to block
power. 

- Concerned that half of the communitiy does not want to participate. What if down to three and four
opted out?

--> Situation where 1 of 5 SO/ACs not able to come to decision within timeframe, lowering threshold 
to 3. Risk that we have made it too hard to use. 

- With 3 SO/ACs already in support is strong. 

- We are talking about participating about 5 listed in diagram - now participating is casting
vote/decision. Need to 
use different terminology. 

WP2 Update

New language on mission. We intend to clarify but not change ICANN's mission. 

Feedback:

- Items in picket fence that was developped prior to consensus policy. There are things in contracts
that are not 
specified but deal with content. 

--> We are not talking about invalidating language currently available in RAA or registry remit.
ICANN has ability to 
develop consensus policies and enforce those as long as within remit of issues. There are provisions
with respect 
to gTLDs that are within applicant guidebook. 

- There should be language edit that we are not touching existing arrangements.

--> Not changing any rights under existing contracts. Directing drafting attorneys to embrace picket
fence that is 
currently incorporated into agreements.

- Idea that we can write language that any future picks will be accepted is precisely what mission
is trying to prevent. 

- Ending in right direction

- Grandfathering will be added to this language 

ST18

A group was convened to assess options and provide a summary to the group. 

See slide-deck.

Feedback:

- This puts Board in a difficult position. It holds up policy process. It has to have full
consensus. Proposal 
make things worse. None of these are viable for US Congress. 

--> What is consensus position or not is not embedded into particular figures. 

- Ambiguous language in both proposals (towards rough consensus) is ambiguous. EU GAC members' 
proposal would be a compromise. Alternative would be to allow 2/3 only in case whether there is no
objection from GAC. 

--> 2/3 only in case whether there is no objection from GAC raised significant concerns. 

- Use significant instead of formal

--> Formal is existing language from operating principle 47.

- In favor of replacing with significant. It is important that we maintain GAC influence on Board
advice 
and not make changes to existing practice. Support giving more clarity to existing practice.
Compromise 
proposal would be closer to what we can support. 

- We are forgetting what ST18 is about. ST18 us about problem that GAC can change operating rules 
and not require full consensus. Keith's amendment seems to be status quo. We are not going to
achieve agreement. 

CONCLUSION - On compromise language: 18 agree 7 disagree 

ACTION ITEM - Co--Chairs to discuss and get back to group

Timeline

We need to get recommendations approved by mid-January. According to current timeline we are
slightly past that. 

Feedback:

- Board will likely submit comment mid December that will raise issues. How will we incorporate
issues into report. 

- Public comment period should close on Jan 8. 

CONCLUSION: We will maintain our current timeline and aiming for public comment to close on December
21

AOB

We will keep Thursday call on agenda:

- Finalization Third Draft Proposal 

- ST 18 report 

- If comments show further assessment of issues needed, we will discuss, as needed. 

No circulation of fourth draft to list with exception of ST 18 and mission. 

Comment from lawyers will be circulated to the list.  

Documents

*        DOC:
<https://community.icann.org/download/attachments/56147148/2015-11-18-Decision-Making-Thresholds.doc
x?version=1&modificationDate=1448346103000&api=v2> 2015-11-18-Decision-Making-Thresholds.docx   |
PDF:
<https://community.icann.org/download/attachments/56147148/2015-11-18-Decision-Making-Thresholds.pdf
?version=1&modificationDate=1448346150000&api=v2> 2015-11-18-Decision-Making-Thresholds.pdf

*        PPT:
<https://community.icann.org/download/attachments/56147148/Mission%2023%20Nov%20%28002%29.pptx?versi
on=1&modificationDate=1448347251000&api=v2> Mission 23 Nov.pptx   |  PDF:
<https://community.icann.org/download/attachments/56147148/Mission%2023%20Nov%20%28002%29.pdf?versio
n=1&modificationDate=1448347280000&api=v2> Mission 23 Nov.pdf

*        PPT:
<https://community.icann.org/download/attachments/56147148/ST18%20subgroup%20report%20Nov%2023.pptx?
version=1&modificationDate=1448348615000&api=v2> ST18 subgroup report Nov 23.pptx   |  PDF:
<https://community.icann.org/download/attachments/56147148/ST18%20subgroup%20report%20Nov%2023.pdf?v
ersion=1&modificationDate=1448348642000&api=v2> ST18 subgroup report Nov 23.pdf

*        PDF:
<https://community.icann.org/download/attachments/56147148/CCWG%20Timeline%20%281%29.pdf?version=1&m
odificationDate=1448351512000&api=v2> CCWG Timeline.pdf

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