[CCWG-ACCT] Notes-Recordings-Transcript link for CCWG Accountability "Review of Draft Bylaws" Meeting - 12 April 2016

MSSI Secretariat mssi-secretariat at icann.org
Tue Apr 12 16:28:11 UTC 2016


Hello all,

The notes, recordings and transcripts for CCWG Accountability "Review of Draft Bylaws" Meeting - 12 April 2016 will be available here:  https://community.icann.org/x/FjuAAw

A copy of the notes may be found below.

Thank you.

With kind regards,
Brenda Brewer
MSSI Projects & Operations Assistant
ICANN - Internet Corporation for Assigned Names and Numbers



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.

1.  Opening Remarks (LS)

Phone only - Sebastien Bachollet, KArasteh. GShatan

2.  Second reading of question responses agreed on previous call
*        TBenJemaa - point to be added regarding 6 month delay in IRP. Lawyers should draft the appropriate language in the Bylaws to allow for the IRP
process not completing in the 6 month window.

3.  Resolution of remaining questions
*        Clarification - do we need to define Root Zone - ASullivan - no need to. AGreenberg no issue with defining but need a confirmation that it will not
interfere with ICANN contracting at the higher levels. MW the CCWG would prefer to not define but would request that the lawyers that this will
not create significant risk if we do not.
*        Q29A - nomcom board member removal is beyond the scope of the carve-out. BSchaefer - against for a number of reasons including that the GAC
does not participate in the naming of nomcom candidates, also CCWG draft is silent on this and doing this would grant additional power to GAC.
AG report is not silent on this as it says that the EC removes NC directors and the GAC is part of the EC. TBenJemma it is included in report properly - no issue with recommendation as is.  RMeijer supports AG and TBJ. JGannon - does not support GAC participating at this point from a procedural POV given they do not select. MW there is not a significant number opposing - recommendation in slides is supported.
*        Q29B - All DPs in the EC participate in any EC decision to remove NC nominted director - no objection - recommendation in slides is supported.
*        Q7 Interim Board Consulting with community - Lawyers suggest using same procedure as a rejection process - No objection - recommendation in slides is supported.
*        AQ7 - EC chairs Council - "the role of the EC Chair's Council remain as ministerial as possible". HGregory full transparency of the EC decisions and of
the EC chair's council will ensure things always match up. David McAuley (RySG): should the ec chairs council be named in indemnification language?
HGregory should be covered but lawyers will check. CCWG welcomes the full transparency provisions. AG are the MEMBERs of the EC corporation the SO/ACs or the chairs? HGregory SO/ACs.. KArasteh against the use of Council. HGregory no strong feeling either way - secretariat would be fine.
GShatan - ICANN uses secretariat in many places but is not what is described here. Disagree with KA - no reason to stay away from Council - MW the
concept of the "council" is approved and the name is not critical and can be solved on the list.
*        AQ14 - Section 1.1 (d) previous agreements - RFei - Issues were raised by ICANN legal which the CCWG lawyers agreed with. Re renewals Strategic Plan and Operating Plan are covered but cannot be grandfathered.  MW the CCWG would like to see this in writing and want to avoid mission creep. ASullivan - Including by reference agreements which are not even yet written or docs which could be modified. We need to nail down what text will be included by reference - uncertain how to do this.. supported by JGannon. MW - we should include this point in our response to lawyers. HGregory there is a way to include that the plans cannot be changed without public consult and support. As to putting things in writing we do not have time. MW understand the timing issue. Could we arrange a specific call on this topic with all lawyers and community members that are interested in this topic. We cannot conclude on this topic until we feel more comfortable with the potential issues. HGregory we are available to answer questions. KArasteh - UN procedure supporting AS point. Will continue discussion and coordination with CWG.
*        Q33 AQ5 - Mediation and community IRP - BBurr mediation in community IRP. In standard IRP a mediation type process gets automatically engaged. In a community IRP its more complicated. Parked for now - BBurr to discuss with lawyers.
*        AQ12 - Mission vs Regulation - TR waiting on response from lawyers regarding BBurr proposed text - no movement since yesterday.
*        AQ16 - Global Internet Community - take this offline and discuss on the list and close on the list (please see AS email).

4.  Next Steps
*        We will publish questions we have answered to lawyers.
*        We will publish recommendation of answers as soon as they become available.
*        We should aim  to close our discussion in the next 24 hours.

5.  AOB
*        None

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