[Area 3] Fwd: [CWG-Stewardship] Interlinking and dependency between CWG-Stewardship & CCWG-Accountability

Thu Dec 11 14:04:20 UTC 2014

Dear Area 3 volunteers,

I believe this discussion developing currently on the CWG list is of 
great value for your work Area, so I thought appropriate to flag it to 
your attention.

Best
Mathieu

-------- Message original --------
Sujet: 	[CWG-Stewardship] Interlinking and dependency between 
CWG-Stewardship & CCWG-Accountability
Date : 	Wed, 10 Dec 2014 22:51:13 -0000
De : 	Jonathan Robinson <jrobinson at afilias.info>
Répondre à : 	jrobinson at afilias.info
Organisation : 	Afilias
Pour : 	<cwg-stewardship at icann.org>

All,

A critical area that needs our attention is the interlinking and 
dependency between the work of this group i.e. the Cross Community 
Working Group on Naming Related Functions (CWG-Stewardship) and the 
related Cross Community Working Group on Enhancing ICANN Accountability 
(CCWG-Accountability).

Please see attached for a document (copied into the body of the email 
below) to get this discussion moving.

Thank-you,

Jonathan Robinson & Lise Fuhr

Co-chairs

--

Potential areas for interlinking and dependency between work of the 
Cross Community Working Group on Naming Related Functions 
(CWG-Stewardship) and the Cross Community Working Group on Enhancing 
ICANN Accountability (CCWG-Accountability)

Date: 10 December 2014

From: CWG-Stewardship co-Chairs, Jonathan Robinson and Lise Fuhr.

The linkage between the work of the CWG-Stewardship and the enhanced 
accountability of ICANN has been recognised in a number of ways, 
including explicitly by the CCWG-Accountability itself. Indeed, Work 
Stream 1 of the CCWG-Accountability will focus on the mechanisms for 
enhancingICANNaccountability that must be in place or committed to 
within the time frame of theIANAStewardship Transition.

In an initial conversation between us (the co-chairs of the 
CWG-Stewardship) and the co-chairs of the Drafting Team 
<https://community.icann.org/display/acctcrosscomm/Charter+and+Drafting+Team>for 
the CCWG-Accountability it was clear that input from the CWG-Stewardship 
on matters for Work Stream 1 would be helpful. This document aims to 
define those matters (derived from the draft transition proposal) and to 
seek input from the CWG-Stewardship on these.

The CWG-Stewardship published its draft transition proposal for names on 
December 1^st 2014 
(https://www.icann.org/en/system/files/files/cwg-naming-transition-01dec14-en.pdf).

This document contains three elements that may be specifically relevant 
to the work of the CCWG-Accountability as follows:

·*Section 3.3*-- "*/Independent Review of Board Actions/*/-- the 
CWG-Stewardship may propose that this becomes binding under certain 
circumstances directly related to IANA; no other changes proposed/". If 
this were to be included in the final proposal implementation would 
require a change to the ICANN Bylaws regarding the IRP.

·*Section 3.4.3.2 - Independent certification for delegation and 
re-delegation requests*. This is still under consideration by the 
CWG-Stewardship but would be a replacement for the authorization 
function for all changes to the Root Zone or its WHOIS Database 
currently performed by the NTIA. The replacement mechanism would have 
gTLD requests for delegations and re-delegations authorized by an 
independent third party and its decision on these matters would be 
binding on ICANN/IANA. This would probably require modifications to the 
ICANN Bylaws.

·*Section 3.4.3.3 - Independent Appeals Panel -- *The CWG-Stewardship is 
proposing that an independent review panel be set up to deal with 
contested changes to the Root Zone or its WHOIS Database. Although 
discussions are still ongoing as to the specifics of such a proposal it 
is generally agreed that such a mechanism should be part of the final 
proposal and that its decisions would be binding. As such this would 
also require changes to the ICANN Bylaws.**

In addition to these elements the CWG in its public consultation has 
requested input on an alternate ``ICANN only`` proposal that is being 
considered by a number of participants in the CWG-Stewardship:

/Input on a specific (ICANN) alternative solution/

/The CWG is also seeking input on a specific alternative option which 
has been raised within the CWG which envisages all NTIA responsibilities 
being transferred to ICANN. This option would require an increase in 
ICANN accountability to its constituent communities and require the 
adoption of binding arbitration mechanisms (such recommendations may be 
beyond the scope of the CWG and probably rest with the 
CCWG-Accountability or other groups). Note that this integrated option 
would impact the future ease or ability to tender for another IANA 
Functions Operator (other than ICANN). However, to ensure there has been 
a proper consideration of this option, the CWG, would appreciate input 
from the community regarding support, or not, for this concept./

//

If this solution were to go forward it would probably require 
significant changes to ICANN's accountability mechanisms and therefore 
the ICANN Bylaws to ensure that /e.g./ the ICANN Board could not 
overrule the MRT in matters related to the performance of IANA Functions 
or at the very least can be effectively sanctioned for doing so.

For your convenience we have also attached a copy of the Introduction of 
the CWG public consultation to this document as it covers all of these 
points in greater detail (Annex 1).

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