[CCWG-ACCT] Synchronizing WS2 accountability projects with upcoming Accountability & Transparency Review (ATRT3)

[Steve DelBianco]

Placing this on top of your inboxes so you can review before Helsinki meetings on Sunday 26-Jun.

Below is the note I circulated to the CCWG-Accountability on 26-May, after which 2 responses were given:
1. Carlos Raúl Gutiérrez replied by suggesting we ask ICANN to do a progress report on implementation of ATRT2 recommendations.  (my reply: yes)

2. Sivasubramanian asked if ATRT3 could be constituted now and have oversight over WS2 deliberations.  (my reply: That is not the way WS2 was proposed in the CCWG report and is not how we designed the new bylaws, so this could not easily become a formal arrangement.   Sure, ATRT3 members could participate in WS2 accountability projects, but the real question is whether ATRT3 would allow WS2 to complete its work before the review team began theirs)

Again, the Work Stream 2 bylaws give the community more leverage than ATRT would, when it comes to adopting accountability enhancements that might be resisted by ICANN board and legal. So the question is whether to allow WS2 to proceed on its accountability tasks, or defer to ATRT3 to address them.

--Steve


From: Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>
Date: Thursday, May 26, 2016 at 10:24 AM
To: "accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>" <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>
Subject: Synchronizing WS2 accountability projects with upcoming Accountability & Transparency Review (ATRT3)

Just wanted to start a new thread on something CCWG should discuss as we begin Work Stream 2 (WS2).  The attached document has all the background, and is summarized below.

Several of our approved WS2 accountability tasks are within the scope of the next Accountability and Transparency Review Team (ATRT3), which is currently scheduled to begin Jan-2017.   The CCWG may wish to consider whether to recommend delaying the start of ATRT3 in order to allow WS2 accountability items to be completed first.

Currently ICANN is obligated to the 2009 Affirmation of Commitments with NTIA (AoC).  ICANN’s Board made a commitment to NTIA to begin ATRT3 in January 2017.

Regarding timing of ATRT3, note that the draft new bylaws require this review “be conducted no less frequently than every five years measured from the date the previous Accountability and Transparency Review Team was convened.”  Since the last ATRT was convened in Feb-2013, ATRT3 could begin as late as Feb-2018.

Below is a summary of WS2 items, CCWG discussions of WS2, and comparison of proposed bylaws for WS2 and ATRT recommendations.   This document is intended to help CCWG determine whether and how to integrate and/or sequence WS2 activities with the third Accountability and Transparency Review.

This document provides necessary background to address three questions:

  1.  How does the scope of ATRT compare with WS2 accountability items?
  2.  What do the proposed bylaws require for implementation of WS2?
  3.  What do draft new bylaws require for the AoC review of Accountability and Transparency (ATRT)?

My own view is that WS2 gives the community more leverage than ATRT to achieve adoption of accountability enhancements that might be resisted by ICANN board and legal.
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