[CCWG-ACCT] Fwd: Special Community Leaders CAll - 6 October - Shared Materials
Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
Thu Oct 8 08:32:04 UTC 2015
+1 indeed. Well said both Avri and Malcolm
P
Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
Skype: paul.rosenzweig1066
Link to my PGP Key
-----Original Message-----
From: Matthew Shears [mailto:mshears at cdt.org]
Sent: Wednesday, October 7, 2015 8:12 AM
To: avri at acm.org; accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Fwd: Special Community Leaders CAll - 6 October - Shared Materials
+ 1 Avri.
On 07/10/2015 12:29, Avri Doria wrote:
> Hi,
>
> My reading of this is that if the Board is willing to accept the CCWG
> proposals, which do reflect broad agreement, then we can make the
> schedule. If, on the the hand the Board continues to go their own way
> and stands in opposition to the community, we may not. We need to
> complete our work quickly with the fixes and then, as always, it is in
> the Board's hands. We have already lost several weeks because of the
> spanner thrown when the Board produced their own proposal for
> accountability. Just imagine where we would have been had the Board
> met with us in LA with the attitude of working with the community
> instead of against it.
>
> I also think the doomsday scenarios are just a bit exaggerated. We
> have to stop scaring people with the G77 boogeyman. And if the
> Protocols and Number no longer trust ICANN, they will go their own
> way, whether it is before transition or after, they have been crystal
> clear about those intentions - it could happen anytime - why would the
> status quo of continuing NTIA oversight convince them to leave ICANN?
> I do agree with point V, if the Board continues to overrule the
> multistakeholder process, it will become ever harder to convince
> people that this is a workable modality for decision making.
>
> avri
>
>
> On 07-Oct-15 06:11, Malcolm Hutty wrote:
>> On 2015-10-07 08:03, Mathieu Weill wrote:
>>> You will find attached the set of slides that was prepared by ICANN
>>> and presented during the calls.
>> Wow, that slide on page 4 ("5 risks we face if the IANA Stewardship
>> Transition is Delayed/Fails") is a contentious parade of horribles if
>> ever I saw one!
>>
>> Setting that aside as merely disputatious, page 5 ("4 Remaining
>> Questions on The Road to Transition") is interesting.
>>
>> Firstly, the framing - that these are indeed the questions, and the
>> only gating questions, is certainly open to debate. But the answers
>> don't currently point to swift completion either.
>>
>> Here is my assessment.
>>
>> Q. "Do we have broad agreement on ALL the elements to address the CWG
>> Dependencies?"
>>
>> A. Within CCWG, using its proposal as the base: yes.
>> Between CCWG and Board, on the Board's counter-proposal: Not really.
>> There is no agreement as to whether the power to challenge the Budget
>> and Strategic Plan would be effectively available in the absence of
>> the SMM, which the Board opposes. Our Counsel raises key concerns
>> about this in their recent memo comparing the Board proposal with our
>> own.
>> And this power (or some variant) is noted as being a CWG requirement.
>>
>> Q. "Do we have broad agreement on the requirements and enforceability
>> of the five community powers?"
>>
>> A. Within CCWG, on its proposal: yes.
>> Between CCWG and Board, on the Board's counter-proposal: No. The
>> enforceability of the five community powers in the absence of the SMM
>> is a significant area of disagreement; there is no agreement within
>> CCWG that the MEM is an effective alternative means to ensure
>> enforceability.
>>
>> Q "Are the above areas of broad agreement consistent with NTIA
>> criteria and do they meet the requirements for a safe/secure
>> transition of U.S.
>> Government stewardship?"
>>
>> A. Within CCWG, we are content that our proposal would achieve this.
>> Between CCWG and Board, neither party accepts that the other's
>> proposal would achieve satisfy the NTIA criteria. For the Board, the
>> CCWG's reforms pose a risk to "safe and secure" stability of ICANN;
>> for CCWG, the removal of NTIA oversight without its replacement by
>> accountability mechanisms that it agrees to be effective and
>> enforceable poses just as great a risk, and of like kind. Moreover,
>> the Board's counter-proposal omits or reduces* safeguards the CCWG
>> thought necessary to guarantee the openness of the Internet, another
>> NTIA requirement.
>>
>> [* Discussion on this hasn't yet concluded; the Board might argue
>> that it
>> offers adequate alternatives, and while some in CCWG may have
>> arrived at
>> a firm conclusion to the contrary; others may be yet to make
>> up their minds.
>> What cannot be contested is that the CCWG as a whole has not
>> has not yet
>> accepted the adequacy of the Board's counter in relation to
>> this particular
>> NTIA criterion, which stands independently and complementary
>> to the "safe and
>> secure" criterion. See also below for comments on the need for
>> a systematic
>> re-evaluation.]
>>
>> Q. Do we have broad agreement on an assured process to continuously
>> improve ICANN’s accountability and evolve its governance structure?
>>
>> A. Not really. CCWG has tasked itself with addressing in WS1 only
>> those items that must be addressed before transition, and has chosen
>> to leave everything else to a
>> WS2 that it trusts will be continued. The Board seemingly proposes
>> closing down CCWG upon transition, ending WS2 as a distinct programme
>> and leaving those issues to be addressed by disparate parts of the
>> community (although it is not clear that the SOs even have the
>> capacity to initiate proposals on all WS2 issues).
>> So there is
>> no agreement between CCWG and the Board on the process for continuous
>> improvement either.
>>
>> Once again, an overview from ICANN that seems intended to force the
>> pace actually shows how much still remains to be agreed. Perhaps this
>> will persuade the Board to rethink its opposition to the considered
>> view of the community, worked on by this group so intensively for
>> almost a year.
>>
>> One thing the slidedeck does usefully point up is that before
>> agreeing to abandon its proposal in favour of the Board's counter,
>> even if it were minded to do so, CCWG would need to do a full
>> re-evaluation against the NTIA criteria and stress tests to determine
>> its adequacy. Our assessment of how our proposal satisfies the stress
>> tests is only an assessment of OUR proposal, not of the Board's
>> counter.
>>
>> Accordingly, if the Board remains unwilling to accept the
>> cross-community proposal, this slidedeck suggests to me that
>> expectations management, rather than "racing to the finish line", is
>> the more prudent course of action.
>>
>> That further demonstrates how unhelpful and counter-productive is the
>> scaremongering on page 4.
>>
>> Malcolm.
>>
>>
>
> ---
> This email has been checked for viruses by Avast antivirus software.
> https://www.avast.com/antivirus
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
--
Matthew Shears
Director - Global Internet Policy and Human Rights Center for Democracy & Technology mshears at cdt.org
+ 44 771 247 2987
---
This email has been checked for viruses by Avast antivirus software.
https://www.avast.com/antivirus
_______________________________________________
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