[CCWG-ACCT] Notes from CCWG/Board call
Cheryl Langdon-Orr
langdonorr at gmail.com
Thu Sep 3 01:44:42 UTC 2015
Thx Grace
On Thu, 3 Sep 2015 11:30 Grace Abuhamad <grace.abuhamad at icann.org> wrote:
> Dear all,
>
> Here are some high-level notes from the call today. Staff will pull the
> questions from the chat transcript and prepare a FAQ-type document per the
> Chairs' instructions.
>
> Best,
> Grace
>
> *CCWG/Board Dialogue Call *
> 2 September at 22:00 UTC
>
> Steve presented *introductory remarks*:
> http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005160.html
> .
>
> Chris outlined a *CCWG-Accountability Proposal Delivery Framework* (see
> email here:
> http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005161.html
> )
>
> 1. Develop Fundamental Bylaws and Process for Modification (including
> ICANN's Mission and Core Values; AOC reviews; Budget and Ops and Strat
> Plans and process for Fundamental Bylaws)
> 2. IRP (2013 Standard of Review; commitment to work on IRP)
> 3. Expand Reconsideration Process
> 4. Establish new Multistakeholder Enforcement Mechanism (MEM)
> (challenges against Board action on fundamental Bylaws; binding arbitration
> process funded by ICANN)
> 5. Community is involved in developing of Bylaws changes, and budgets,
> op plans and Strat plans
> 6. Board Removal/Recall (pre-service letters)
> 7. Bring AOC reviews into Bylaws
> 8. Fulfill ICG Contingencies
> 9. Institutionalize in Bylaws the current practice of Board/GAC
> consultation requirement used only over consensus advice
> 10. Identify and commit to a process for defining continuous
> improvement work how the Board will consider those recommendations
>
>
> *Comments and questions*:
>
> - What are some unintended consequences? Capture is a big one.
> - How are Board proposals tested or better than the CCWG proposal? The
> Board doesn’t propose a change to governance structure
> - Enforceability is not sole reason for membership. There was
> motivation for legal person and binding outcome as well
> - The 10-point proposal covers all elements of the CCWG proposal
> without the membership model for enforceability. Instead, the Board
> proposes a Multistakeholder Enforcement Mechanism.
> - Kavouss: under existing structure, the community has no power. The
> Board is trying to maintain this power and using NTIA as an excuse.
> - Fadi: The Board is embracing community powers and accepting binding
> arbitration Board is not rendering judgement on the Membership model.
> - Board will move to membership model if not possible to do all the
> community requirements in current model.
> - There is a need for the CCWG to understand what the weaknesses of
> its proposal are and why the Board proposal is better
> - One weakness with the model is that the exact membership hasn’t been
> defined yet within the sole member model
> - Anything perceived by the US as an increase in government role will
> not be accepted.
> - The CCWG does not agree and understand why a shift is needed.
>
>
> *Actions and next steps*:
>
> 1. Board to provide detailed proposals in writing to the CCWG. Would
> be beneficial if this could come with legal analysis as well as rationale
> and any prior work on the impact analysis of the Board’s implementation
> proposal.
> 2. Then, the CCWG will certify a request for its lawyers to review
> this proposal and check for CCWG and CWG requirements
> 3. In the CCWG remit to consider what parts of the proposal need to be
> taken on board while remaining an open process where Board will remain
> engaged.
> 4. The lawyers (ICANN, Sidley, Adler, and Jones Day) should start a
> dialogue to review the Board proposal.
>
>
> Do we want to schedule any more calls or small group interactions or a
> F2F? Before the CCWG decides on this, the CCWG needs to understand the
> Board’s comments better.
>
> Public statement for reporters?
>
> - We can acknowledge that there was constructive dialogue
> - The CCWG is willing to understand what Board’s recommendation is
> - We need to make sure the statements today do not overturn or
> prematurely compromise the CCWG’s work to date
>
>
> The Board will endeavor to get comments into the Public Comment Forum
> ASAP.
> _______________________________________________
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> Accountability-Cross-Community at icann.org
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>
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