[bc-gnso] Re: CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
Phil Corwin
psc at vlaw-dc.com
Mon Nov 16 21:57:35 UTC 2015
I agree. It's a disservice to the general public to stick to what is effectively a 21-day comment periods if the GNSO and other Chartering Organizations are unlikely to take final positions until sometime in January at the earliest.
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
"Luck is the residue of design" -- Branch Rickey
________________________________
From: owner-bc-gnso at icann.org [owner-bc-gnso at icann.org] on behalf of Denise Michel [denisemichel at fb.com]
Sent: Monday, November 16, 2015 4:37 PM
To: BC List
Subject: Re: [bc-gnso] Re: CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
We support modestly extending the entire comment process (see my Nov. 11 email, inserted below), and if there's broad support for this, we think it should be "officially" communicated as a request to the CCWG. Changing the public schedule at this point would be preferable to leaving the short public comment period in place and having S0s/ACs act when they act.
Thanks.
Denise
Denise Michel
Domain Name System Strategy & Management
Facebook
denisemichel at fb.com<mailto:denisemichel at fb.com>
(650) 785-6597
From: Denise Michel <denisemichel at fb.com<mailto:denisemichel at fb.com>>
Date: Wednesday, November 11, 2015 at 3:12 PM
To: Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, "bc-private icann.org (bc-private at icann.org<mailto:bc-private at icann.org>)" <bc-private at icann.org<mailto:bc-private at icann.org>>
Subject: Re: [Bc-private] FW: [CCWG-ACCT] Public Comment Timeline Concerns -- RE: CCWG - Executive Summary
Thank you for sharing this, Phil. Susan and I agree with your position. The schedule does not leave enough time for BC>CSG/NCPH>Council analysis, public comment consideration, discussion and consensus building on the details of this critical proposal. In addition to unduly rushing substantive community review, I'm concerned that the schedule also leaves ICANN vulnerable to charges of skirting the bottom-up process and accountability commitments.
I think it would be ideal if the GNSO Council communicated the need for an extension to the CCWG-Accountability co-Chairs (and cc'd the Board and other SOs & ACs). Absent that, perhaps a NCPH or CSG request could be issued?
From: <owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org>> on behalf of Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>
Date: Monday, November 16, 2015 at 12:56 PM
To: Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>, BC List <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: [bc-gnso] Re: CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
The CCWG co-chairs are still planning to end the “public comment" period 21-Dec.
But the 6 Chartering Organizations have to get their resolution(s) on each/all of the CCWG recommendations. Some chartering Orgs (like GNSO) are probably not going to approve resolutions by 21-Dec.
During public comment period, the BC would be drafting text for our Councilors to submit to GNSO Council for its resolution(s). The BC could also submit a written comment based on that same text.
But what really matters is approval of the Chartering Orgs. We cannot force GAC, GNSO, ccNSO to approve complex resolutions if their schedule of calls and procedures needs more time.
I have just re-iterated this to CCWG co-chairs today. We should bring it up again on the CCWG call tomorrow.
—Steve
From: Phil Corwin <psc at vlaw-dc.com<mailto:psc at vlaw-dc.com>>
Date: Monday, November 16, 2015 at 3:15 PM
To: Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>, BC List <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: RE: CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
Steve:
I have expressed my concerns on the CCWG and Council lists, as have others, that starting the public comment period from the issuance of this Update (downgraded from the previously promised Executive Summary) is unwise, and that it should start running from November 30 assuming that the 3rd draft Proposal is issued then. Therefore, the comment period ending on December 21 is insufficient at only 21 days -- I have expressed my view that it should run until at least December 30, and others want it to go until Friday. January 8th.
We are not talking about a big delay here but from 9 to 18 additional days to review and comment upon the details of a major revision in approach toward accountability.
I'd welcome your thoughts and those of other BC members, as Council may be weighing in on this as well.
best, 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
"Luck is the residue of design" -- Branch Rickey
________________________________
From:owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org>] on behalf of Steve DelBianco [sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>]
Sent: Monday, November 16, 2015 1:57 AM
To: BC List
Subject: [bc-gnso] CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
CCWG today published an overview of where our accountability proposal has been adjusted since the Dublin meeting. See Link<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_blog_ccwg-2Daccountability-2Dissues-2Dformal-2Dupdate-2Don-2Dprogress-2Dmade-2Din-2Dand-2Dafter-2Dicann54-2Din-2Ddublin&d=CwMGaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=MWVuq3jZIw5gwhGdDf-HWNL4CEWIsdUnt9gOgplCArM&m=FiXVicr3YU3838bEC6rd4paXLrtEJRVyAYvfES1xRl0&s=hPUa_Lhdz9afm6BqM8x0NseUJP-vEE31eh3-DSYiaj0&e=> and below for explanation. Attached is the brief (relatively speaking) document, at just 36 pages!
—Steve
CCWG-Accountability Issues Formal Update on Progress Made In and After ICANN54 in Dublin
This is a brief and preliminary overview of the proposal for improving ICANN's accountability developed by the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) over the past year. It includes a very high-level summary of the main changes being proposed by the community and outlines what will be described in the full proposal.
This 36-page document is designed to update the community on recent progress in and after ICANN54 in Dublin and raise awareness of the proposed enhancements to ICANN's accountability as a more detailed proposal is finalized. While this formal update reflects the current consensus positions of the group, there are outstanding elements that remain to be finalized. These finishing details are highlighted in the document, and will be confirmed and detailed in the Third Draft Proposal.
Download the Formal Update here.<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_cwg-2Ddraft-2D2-2Dproposal-2Dwork-2Dstream-2D1-2Drecs-2D15nov15-2Den.pdf&d=CwMGaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=MWVuq3jZIw5gwhGdDf-HWNL4CEWIsdUnt9gOgplCArM&m=FiXVicr3YU3838bEC6rd4paXLrtEJRVyAYvfES1xRl0&s=A2HDYar755HJozVXXocuqWZ8xUQIWEwvPzjOTD377cE&e=>
The full Third Draft Proposal on Work Stream 1 Recommendations will be shared with the public on 30 November 2015, which will include further explanation and detail about the accountability improvements outlined in this document. It will also explain why the changes have been suggested, how the community arrived at these recommendations and the options considered and ultimately rejected in development of the proposal.
We welcome feedback on this document, and encourage all interested stakeholders to view the full proposal for any outstanding questions or concerns.
Summary
________________________________
Over the last year, a working group of ICANN community members has been developing a set of proposed enhancements to ICANN's accountability to the global Internet community.
This effort is integral to the transition of the United States' stewardship of the IANA functions to the global Internet community, reflecting the ICANN community's conclusion that improvements to ICANN's accountability were necessary in the absence of the accountability backstop that the historical contractual relationship with the United States government provided. The accountability improvements set out in this document are not designed to change ICANN's multistakeholder model, the bottom-up nature of policy development nor significantly alter ICANN's day-to-day operations.
The main elements of the proposal are outlined below. Together with ICANN's existing structures and groups, these accountability enhancements will ensure ICANN remains accountable to the global Internet community.
* A revised Mission statement for the ICANN Bylaws that sets out what ICANN does. This Mission statement clarifies but does not change ICANN's historic mission
* An enhanced Independent Review Process and redress process with a broader scope and the power to ensure ICANN stays within its revised Mission
* New specific powers for the ICANN community that can be enforced when the usual methods of discussion and dialogue have not effectively built consensus including the powers to:
* Reject ICANN Budgets, Operating Plans or Strategic Plans
* Reject changes to ICANN's Bylaws
* Approve changes to new Fundamental Bylaws (see below)
* Remove an individual ICANN Director from the Board
* Recall the entire ICANN Board
* An additional new power that gives the community a say in decisions about the IANA Function Reviews and any separation of the IANA Names Functions
* All of these community powers can only be exercised after extensive community discussions and debates through processes of engagement and escalation. The process of escalation provides many opportunities for the resolution of disagreements between the parties before formal action is required.
The accountability elements outlined above will be supported through:
* Additions to the ICANN Bylaws to create an Empowered Community that is based on a simple legal vehicle that will act on the instructions of ICANN stakeholder groups to exercise the Community Powers. The Empowered Community is granted the status of a Designator (a recognized role in law) and has the standing to enforce the Community Powers if needed.
* Core elements of ICANN's governing documents (the Articles and Bylaws) being categorized asFundamental Bylaws that can only be changed with agreement between the ICANN community and the ICANN Board.
In addition, further proposed changes include:
* A recognition of ICANN's respect for Human Rights
* Incorporation of ICANN's commitments under the 2009 Affirmation of Commitments with the United States Department of Commerce into the Bylaws, where appropriate
* Improved accountability and diversity for ICANN's Supporting Organizations and Advisory Committees
* A commitment to discuss additional accountability improvements and broader accountability enhancements in 2016, following implementation of this core set of accountability improvements
To develop these recommendations to improve ICANN's accountability, the Working Group:
* Relied on suggestions and proposals generated inside the Working Group and by the broader Internet multistakeholder community
* Conducted public comment periods to gather feedback on earlier drafts and discussed iterations of its recommendations across the world at ICANN meetings and through online webinars
* Rigorously "stress tested" ICANN's current and proposed accountability mechanisms to test their strength against problematic scenarios the organization could potentially face
* Engaged two external law firms to ensure the legal reliability of the proposed accountability enhancements
* Made the minimum enhancements to ICANN's accountability necessary to meet the baseline requirements of the community, as required for the IANA Stewardship Transition
* Met the requirements of the group that developed the IANA Stewardship Transition proposal for the Domain Names community
* Met the requirements of the U.S. National Telecommunications and Information Agency for theIANA Stewardship Transition
We look forward to your thoughts and feedback on our Third Draft Proposal on Enhancing ICANN Accountability.
________________________________
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