[CCWG-ACCT] Board comments on Board removal in the context of GAC advice

Jordan Carter jordan at internetnz.net.nz
Wed Feb 17 03:00:34 UTC 2016


Robin, I don't think that is what is being proposed.

All that is being discussed is in relation to the GAC carveout, where we
had earlier agreed that where there was a challenge to the Board's
implementation of GAC advice, GAC couldn't also be a decisional participant
in any move to recall the Board.

That got added to by including a lower thresholds in that situation, to
avoid a unanimity requirement.

Then it got qualified by noting that if there had been an IRP, etc etc.

But what is not being proposed, as I understand it, is any change to the
general power to recall the ICANN Board or the thresholds to operate it.

I would not support any such changes.


cheers
Jordan


On 17 February 2016 at 15:55, Robin Gross <robin at ipjustice.org> wrote:

> The CCWG never discussed, let alone *agreed* to narrow the grounds for
> spilling the board to only those grounds for an IRP as the board suddenly
> proposes.  We cannot have such a significant narrowing of our mechanisms at
> the hour 23:59.  The board should have proposed this curtailment months
> ago, when the issue could have been fairly considered.  But the board can’t
> slip it in at this impossibly late hour.
>
> Robin
>
>
>
> On Feb 16, 2016, at 5:28 PM, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
> wrote:
>
> Hello All,
>
> To reiterate the Board's position in the case of the carve out compromise
> involving GAC advice, the Board can agree to reducing the threshold for
> Board removal to three SOs or ACs, with no more than one objecting, when
> there was an IRP finding against the Board regarding the acceptance of GAC
> advice.
>
> For all other attempts to remove the full ICANN Board, the Board does not
> support lowering the threshold below four SOs or ACs, with no more than one
> objecting.  .  The power to spill the Board would remain available as
> contemplated within the CCWG's third draft proposal.
>
> For the avoidance of doubt, if the Board accepts GAC advice within the
> limitations of ICANN's mission and bylaws, an IRP panel confirms that is
> the case, and the community simply dislikes the GAC advice - then the
> threshold of 4 SOs and ACs continues to apply.   If the GAC is excluded
> from participating then this would mean that the ccNSO, GNSO, ASO and ALAC
> would need to agree that the Board should be removed.
>
> Our view is that past cases relating to disagreement on GAC advice have
> been focussed on concerns that ICANN is exceeding its mission or is not
> following its processes.   The IRP is the most appropriate vehicle to
> resolve disputes in this area.   In general the Board consults widely with
> the whole community before accepting the advice from any one part of the
> community.    We think a situation where the community broadly disagrees
> with an action the Board has taken that is within the mission and bylaws is
> likely to be extremely rare, and the threshold of 4 SOs and ACs is still
> appropriate in that scenario if the community simply dislikes the Board's
> decision.
>
> Regards,
> Bruce Tonkin
>
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-- 
Jordan Carter

Chief Executive
*InternetNZ - your voice for the Open Internet*

+64-4-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
Skype: jordancarter
Web: www.internetnz.nz
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