[CCWG-ACCT] A message from the Co-Chairs

Kavouss Arasteh kavouss.arasteh at gmail.com
Sat Feb 20 22:12:07 UTC 2016


Dear All,
I am sure the Board would include its concerns if CCWG ignore to consider that concern
It id not Minority statement . 
Board should not be labelled as Minority.
 Regards
Kavousd

Sent from my iPhone

> On 20 Feb 2016, at 21:58, Avri Doria <avri at acm.org> wrote:
> 
> Hi,
> 
> No matter what I think about the acceptability of one more compromise, I
> agree that it is time to move one and finish.  More studies are not
> going to make this issue any clearer.
> 
> If we are unable to accept the Board's suggestion, then we should just
> leave it to them to add yet one more 'minority' opinion to the report.
> 
> avri
> 
>> On 20-Feb-16 22:41, Phil Corwin wrote:
>> 
>> Jordan:
>> 
>> 
>> 
>> I am in full agreement with your statement:
>> 
>> 
>> 
>> An independent legal analysis on the questions to hand isn't going to
>> un-make the Board's intervention, isn't going to un-make days of
>> delay. I also don't see how it can help to answer the substantive
>> question raised…
>> 
>> 
>> 
>> Indeed, seeking such an analysis is likely to add even further delay.
>> 
>> 
>> 
>> We are already far past the timeline we were originally told must be
>> adhered for completion of  the Final Report to allow for the necessary
>> review by the NTIA and other USG agencies, as well as for
>> Congressional oversight of the transition and accountability
>> proposals, and to thereby  avoid the necessity for a further extension
>> of the IANA contract past September 30, 2016. The Chartering
>> Organizations, including the GNSO, already faced substantial
>> challenges in completing their review and providing well considered
>> positions on the twelve separate recommendations by March 9th – and
>> that was before being informed by the Co-Chairs yesterday that
>> delivery of the Final Report will be delayed by a minimum of five
>> additional days.
>> 
>> 
>> 
>> I believe that the community has all the information required to
>> resolve the remaining issue and that there is no need for additional
>> legal analysis; and that community members who are unclear on the
>> details of the present debate can obtain it from both their official
>> chartering organization representative or from other active CCWG
>> participants in whom they place trust.
>> 
>> 
>> 
>> Regards to all,
>> 
>> Philip
>> 
>> 
>> 
>> *Philip S. Corwin, Founding Principal*
>> 
>> *Virtualaw LLC*
>> 
>> *1155 F Street, NW*
>> 
>> *Suite 1050*
>> 
>> *Washington, DC 20004*
>> 
>> *202-559-8597/Direct*
>> 
>> *202-559-8750/Fax*
>> 
>> *202-255-6172/cell***
>> 
>> * *
>> 
>> *Twitter: @VlawDC*
>> 
>> 
>> 
>> */"Luck is the residue of design" -- Branch Rickey/*
>> 
>> 
>> 
>> *From:*accountability-cross-community-bounces at icann.org
>> [mailto:accountability-cross-community-bounces at icann.org] *On Behalf
>> Of *Jordan Carter
>> *Sent:* Saturday, February 20, 2016 3:17 PM
>> *To:* Megan.Richards at ec.europa.eu
>> *Cc:* acct-staff at icann.org; accountability-cross-community at icann.org
>> *Subject:* Re: [CCWG-ACCT] A message from the Co-Chairs
>> 
>> 
>> 
>> It is not even slightly clear why any such analysis would help with
>> the current discussion. And it is very clear that keeping an item open
>> to Marrakech is the wrong thing to do.
>> 
>> 
>> 
>> We are talking about a very narrow point in a broader very simple
>> situation: where GAC chooses to exercise its right to offer consensus
>> advice, which comes with an obligation on ICANN to try and find a
>> mutually agreeable path if disagreement arises. 
>> 
>> 
>> 
>> The working group has agreed that GAC, being uniquely empowered with
>> that right, should not also be able to make decisions on community
>> powers that relate to decisions related to that advice. So far, so
>> good. The carve out. For a rare situation.
>> 
>> 
>> 
>> Then, to preserve a non-unanimity rule, some adjustments were made to
>> the thresholds to assess community support / opposition in those
>> cases. Those have been clearly documented by Becky.
>> 
>> 
>> 
>> 
>> 
>> So having done all that, it appears there is now some confusion about
>> what was agreed.
>> 
>> 
>> 
>> All that needs to be found (all - hah!) is a path back to closure. 
>> 
>> 
>> 
>> But let's be clear. We are once again after the end of this process
>> re-opening something at the behest of ICANN's board, with messages
>> that were not clear and seek to second guess the work of the CCWG. The
>> completion of the group's work in times for Marrakech is therefore at
>> risk, again (last time it meant Dublin was at risk).
>> 
>> 
>> 
>> All I want is for people to take responsibility for the consequences
>> of their decisions.
>> 
>> 
>> 
>> For me, as a voting member of the ccwg, I will go with whatever
>> approach closes this out as quickly as possible. But I am no longer
>> confident that that will be quick enough to salvage this process.
>> 
>> 
>> 
>> An independent legal analysis on the questions to hand isn't going to
>> un-make the Board's intervention, isn't going to un-make days of
>> delay. I also don't see how it can help to answer the substantive
>> question raised, but perhaps, Megan, you could set out how it might?
>> 
>> 
>> 
>> 
>> 
>> Cheers
>> 
>> Jordan 
>> 
>> 
>> On Sunday, 21 February 2016, <Megan.Richards at ec.europa.eu
>> <mailto:Megan.Richards at ec.europa.eu>> wrote:
>> 
>> I wonder if an objective, independent analysis from the external legal
>> counsel (or based on their already extensive assessments) would help
>> to focus the real impact/change from status quo of the contentious
>> part of the proposal? This could permit all members, participants and,
>> in particular those who have not had the "advantage" of following the
>> discussions in detail to analyse the relative impact from their
>> perspectives. 
>> 
>> 
>> 
>> Megan
>> 
>> Sent from my iPad
>> 
>> 
>> On 20 Feb 2016, at 01:22, León Felipe Sánchez Ambía
>> <leonfelipe at sanchez.mx
>> <javascript:_e(%7B%7D,'cvml','leonfelipe at sanchez.mx');>> wrote:
>> 
>>    Dear all,
>> 
>> 
>> 
>>    As you are aware, we intended to publish our Final Report today
>>    (19 February 2016) for Chartering Organization consideration. We
>>    are ready to do so, except for one issue where we would like to
>>    consider options as a full group.  
>> 
>>    There is, still, ongoing discussion on the issue of thresholds for
>>    Board removal in Recommendation #2, which raised concerns in our
>>    report after we came to a compromise on Board consideration of GAC
>>    Advice (Recommendation #11). Since then, we have tried to propose
>>    compromise text that would be acceptable by different groups (c.f.
>>    the 12 February and 17 February drafts, posted at
>>    https://community.icann.org/x/iw2AAw).  
>> 
>>    We received comments on this issue, and in some cases, minority
>>    statements, from members and participants in the ALAC, GAC, GNSO,
>>    and the Board. Earlier today, ICANN Chairman, Steve Crocker,
>>    posted a note, apparently on behalf of the Icann Board, outlining
>>    Board concerns with the latest attempt at compromise text proposed
>>    on 17 February:
>>    http://mm.icann.org/pipermail/accountability-cross-community/2016-February/011056.html.
>> 
>> 
>>    While these last minute interventions are deeply disappointing for
>>    those of us who worked extremely hard, within the group and within
>>    their respective communities, to build bridges and promote
>>    compromise, our main target and duty remains to achieve a stable
>>    level of consensus, respecting the bottom-up, multistakeholder
>>    nature of the process.
>> 
>>    It is fortunate that the Board provided this input before we
>>    published the report, since it enables us to assess the potential
>>    consequences of a Board disagreement later in the process.
>> 
>>    We believe this issue must be discussed before sending our Final
>>    Report to Chartering Organizations. At the very least, we would
>>    like the opportunity to discuss a way forward and process as full
>>    group on next Tuesday’s CCWG-Accountability call at 06:00 UTC.
>>    There are many options and directions the group can take at this
>>    stage, each with different implications and considerations, and
>>    these options should be discussed as a group.
>> 
>>    Until the Tuesday call, let’s keep open channels of communication
>>    on our mailing list and work towards a solution. We will also
>>    reach out to the Chartering Organizations to inform them of the
>>    change in our schedule.
>> 
>>    As co-chairs, we renew our call upon every Member, upon every
>>    Participant, our call upon community leaders especially in the
>>    ICANN Board, in the GNSO and in the GAC to step away from
>>    confronting each other, to engage constructively and recognize
>>    each other’s value to the multistakeholder model. If you believe
>>    that the multistakeholder model can deliver, now is the time to
>>    act accordingly.
>> 
>>     Thank you,
>> 
>> 
>> 
>>    Thomas, León, Mathieu
>> 
>>    /CCWG-Accountability Co-Chairs/
>> 
>> 
>> 
>> 
>> 
>>    _______________________________________________
>>    Accountability-Cross-Community mailing list
>>    Accountability-Cross-Community at icann.org
>>    <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
>>    https://mm.icann.org/mailman/listinfo/accountability-cross-community
>> 
>> 
>> 
>> -- 
>> Jordan Carter
>> Chief Executive, InternetNZ
>> 
>> +64-21-442-649 | jordan at internetnz.net.nz
>> <mailto:jordan at internetnz.net.nz>
>> 
>> Sent on the run, apologies for brevity
>> 
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