[Accountability-dt] Fwd: FW: Comment on Proposed Charter for Accountability CCWG

Tue Dec 2 09:57:54 UTC 2014

Just a comment on the note from Richard Hill.  We should expect this 
type of response from others who follow these and other IG processes.  
We will not be able to satisfy his "principled" position but we can 
mitigate this type of response more generally.

Part of the challenge is an issue of communications.  We do need to be 
clearer - perhaps in the form of an FAQ - as to 1) how non-ICANN 
community persons can and are encouraged to participate and 2) what the 
roles and responsibilities are, in particular noting that decisions in 
CWGs are taken as much as is possible on a rough consensus basis (noting 
when they are not) and that the views and positions of all participants 
are taken into account.

Thanks.

On 12/1/2014 8:00 AM, Mathieu Weill wrote:
> FYI, please find below a comment on the Accountability process 
> presented by Richard Hill.
>
> Thomas & I have asked staff to forward it the co chairs of the 
> Cross-Community Working Group
> (CWG) to develop a Framework of Principles for Future CWGs, since it 
> actually raises a broader question regarding cross community working 
> groups.
>
> Best
> Mathieu
>
> -------- Message original --------
> Sujet: 	FW: Comment on Proposed Charter for Accountability CCWG
> Date : 	Tue, 11 Nov 2014 13:46:09 +0000
> De : 	Grace Abuhamad <grace.abuhamad at icann.org>
> Pour : 	Thomas Rickert <rickert at anwaelte.de>, Mathieu Weill 
> <mathieu.weill at afnic.fr>
> Copie à : 	Marika Konings <marika.konings at icann.org>, Bart Boswinkel 
> <bart.boswinkel at icann.org>
>
>
>
> Dear Thomas and Mathieu,
>
> Comment on the charter. Below as received.
>
> Best,
> Grace
>
> On 11/11/14 8:43 AM, "Accountability Staff"
> <accountability-staff at icann.org>  wrote:
> >
> >
> >On 11/11/14 6:47 AM, "Richard Hill"<rhill at hill-a.ch>  wrote:
> >
> >>Thanks for this.
> >>
> >>Since I am not a member of any SO/AC, please forward this comment as
> >>appropriate.
> >>
> >>I refer to the announcement that the proposed charter for Enhancing ICANN
> >>Accountability Cross Community Working Group has been submitted for
> >>consideration, see:
> >>
> >>https://www.icann.org/news/announcement-2014-11-05-en
> >>
> >>And to the draft charter of that group, posted at:
> >>
> >>
> >>https://community.icann.org/download/attachments/49359098/Enhancing%20ICA
> >>N
> >>N%20Accountability%20FINAL%20-%20Clean%20-%20Charter%20-%20updated%203%20
> >>N
> >>ov
> >>ember%202014.docx?api=v2
> >>
> >>Section IV of that draft charter states:
> >>
> >>"In addition, the CCWG-Accountability will be open to any interested
> >>person
> >>as a participant. Participants may be from a chartering organization,
> >>from a
> >>stakeholder group not represented in the CCWG-Accountability, or may be
> >>self-appointed. Participants will be able to actively participate in and
> >>attend all CCWG-Accountability meetings, work groups and sub-work groups.
> >>However, should there be a need for a consensus call or decision, such
> >>consensus call or decision will be limited to CCWG-Accountability members
> >>appointed by the chartering organizations."
> >>
> >>Work Stream 1 of this group is "focused on mechanisms enhancing ICANN
> >>accountability that must be in place or committed to within the time
> >>frame
> >>of the IANA Stewardship Transition;"
> >>
> >>In this context, it is important to note that the NTIA called for the
> >>IANA
> >>stewardship
> >>function to be transitioned to "the global multistakeholder community",
> >>which is broader than the existing ICANN constituency.
> >>
> >>In contrast, the Accountability CCWG, while stating that it will adhere
> >>to
> >>the principle of opennes, has in fact created a two-tier structure, with
> >>decision-making
> >>power being restricted to a specific group of stakeholders, namely those
> >>currently involved in the domain name business.
> >>
> >>There is of course nothing wrong with a subset of stakeholders conducting
> >>consultations and presenting proposals, so I have no objection to the
> >>CCWG
> >>per se and I am not prejudging the output of the CCWG.
> >>
> >>But it is not a process that is truly open to the global multistakeholder
> >>community.
> >>
> >>Therefore I will not participate as an observer and I reserve my right to
> >>submit to appropriate forums and entities my views regarding the outputs
> >>of
> >>the CCWG.
> >>
> >>Sincerly,
> >>Richard Hill
> >>
> >>
> >>-----Original Message-----
> >>From: Accountability Staff [mailto:accountability-staff at icann.org]
> >>Sent: lundi, 10. novembre 2014 16:33
> >>To:rhill at hill-a.ch
> >>Subject: Re: [Cross-Community] Proposed Charter for Accountability CCWG
> >>
> >>
> >>Hi Richard,
> >>
> >>
> >>Comments regarding the proposed charter are to be communicated through
> >>the
> >>relevant SO/AC or, where not applicable, to this email address. As
> >>secretariat, we will forward the message to the Drafting Chairs.
> >>
> >>
> >>
> >>
> >>From: Richard Hill<rhill at hill-a.ch>
> >>Reply-To:"rhill at hill-a.ch"  <rhill at hill-a.ch>
> >>Date: Saturday, November 8, 2014 11:57 AM
> >>To: Accountability Staff<accountability-staff at icann.org>
> >>Subject: RE: [Cross-Community] Proposed Charter for Accountability CCWG
> >>
> >>
> >>
> >>Thank you for this.
> >>
> >>I wish to submit a comment regarding the proposed charter.  To what
> >>E-Mail
> >>address or list should it be sent?
> >>
> >>Thanks and best,
> >>Richard
> >>-----Original Message-----
> >>From:accountability-cross-community-bounces at icann.org
> >>[mailto:accountability-cross-community-bounces at icann.org]On Behalf Of
> >>Grace
> >>Abuhamad
> >>Sent: jeudi, 6. novembre 2014 21:57
> >>To:accountability-cross-community at icann.org
> >>Subject: [Cross-Community] Proposed Charter for Accountability CCWG
> >>
> >>
> >>To view the original announcement, see here:
> >>https://www.icann.org/news/announcement-2014-11-05-en
> >>
> >>
> >>
> >>
> >>Proposed Charter for Enhancing ICANN Accountability Cross Community
> >>Working
> >>Group (CCWG) Submitted for Consideration
> >>On 3 November 2014, the Drafting Team that was formed by the ICANN
> >>community
> >>to develop a charter for the Enhancing ICANN Accountability Cross
> >>Community
> >>Working Group (CCWG) distributed a charter for adoption by chartering
> >>organizations. The charter includes, among other things, a problem
> >>statement, goals & objectives, scope, and proposed areas for work. The
> >>CCWG
> >>is expected to organize its activities in two Work Streams, consistent
> >>with
> >>the Revised Enhancing ICANN Accountability Process:
> >>Work Stream 1: focused on mechanisms enhancing ICANN accountability that
> >>must be in place or committed to within the time frame of the IANA
> >>Stewardship Transition; and
> >>Work Stream 2: focused on addressing accountability topics for which a
> >>timeline for developing solutions and full implementation may extend
> >>beyond
> >>the IANA Stewardship Transition.
> >>Next Steps
> >>Each ICANN Supporting Organization (SO) and Advisory Committee (AC) is
> >>expected to consider the proposed charter during its upcoming November
> >>meeting(s). Following the adoption of the charter, chartering
> >>organizations
> >>are expected to identify their representative members to serve on the
> >>CCWG
> >>(each chartering organization will appoint a minimum of 2 and a maximum
> >>of 5
> >>members to the CCWG). In addition, a call for volunteers to join the CCWG
> >>will be launched, so that anyone interested in this effort may join and
> >>participate. The CCWG is expected to commence its deliberations in late
> >>November or early December.
> >>All members of the group formerly known as the "Cross Community Group"
> >>will
> >>be added to the CCWG as participants, unless some are appointed by
> >>chartering organizations to serve as members or decide not to join this
> >>effort.
> >>Drafting Team Background
> >>Considering the short timeframe ahead and the relation of part of the
> >>Accountability work to the IANAStewardship Transition process, the
> >>Drafting
> >>Team worked on an expedited basis to develop the charter. The publication
> >>date was identified to align with the November meetings of ICANN's SOs
> >>and
> >>ACs, to allow for the question of CCWG charter adoption to be discussed.
> >>For
> >>details of each of the Drafting Team's meetings, including interim draft
> >>versions of the charter, please see here.
> >>The Drafting Team was formed following the ICANN51 meeting and includes
> >>members appointed by the At-Large Advisory Committee (ALAC), Address
> >>Supporting Organization (ASO), Country Code Supporting Organization
> >>(ccNSO),
> >>Governmental Advisory Committee (GAC) and Generic Names Supporting
> >>Organization (GNSO).1 In addition, one representative from outside the
> >>ICANN
> >>SO/ACstructure joined the Drafting Team to ensure that the charter
> >>defined
> >>an inclusive process for the broader community. For a full list of
> >>Drafting
> >>Team members, please see here.
> >>Additional Information
> >>The National Telecommunications and Information Administration (NTIA) has
> >>requested that ICANN"convene a multistakeholder process to develop a plan
> >>to
> >>transition the U.S. government stewardship role" with regard to the IANA
> >>Functions and related root zone management. In making its announcement,
> >>the
> >>NTIA specified that the transition proposal must have broad community
> >>support and meet the following principles:
> >>Support and enhance the multistakeholder model
> >>Maintain the security, stability, and resiliency of the Internet DNS
> >>Meet the needs and expectation of the global customers and partners of
> >>the
> >>IANA services
> >>Maintain the openness of the Internet.
> >>NTIA also specified that it would not accept a proposal that replaces the
> >>NTIA role with a government-led or an intergovernmental organization
> >>solution.
> >>During discussions around the transition process, the community raised
> >>the
> >>broader topic of the impact of the change on ICANN's accountability. The
> >>Enhancing ICANN Accountability process was finalized and posted on 10
> >>October 2014, and can be found here. The scope of the Enhancing
> >>ICANNAccountability process is defined as ensuring that ICANN remains
> >>accountable in the absence of its historical contractual relationship
> >>with
> >>the U.S. Government and the perceived backstop with regard toICANN's
> >>organization-wide accountability provided by that role, such as the
> >>renewal
> >>process of theIANA functions contract. It calls for an examination, from
> >>an
> >>organizational perspective, of how ICANN's broader accountability
> >>mechanisms
> >>should be strengthened to address the absence of its historical
> >>contractual
> >>relationship with the U.S. Government, including looking at strengthening
> >>existing accountability mechanisms (e.g., the ICANN Bylaws and the
> >>Affirmation of Commitments).
> >>Links to additional information:
> >>Proposed Charter [DOC, 67 KB]
> >>Drafting Team Wiki
> >>Revised Enhancing ICANN Accountability Process
> >>For further information, please contactaccountability-staff at icann.org.
> >>
> >>
> >>
> >>1 RSSAC and SSAC were invited to participate in the Drafting Team, but
> >>were
> >>unable to join the effort.
> >>
> >
>
>
>
>
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-- 
Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
mshears at cdt.org
+ 44 771 247 2987

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