[CWG-Stewardship] Vol. 3: Update on IANA Stewardship Discussions

Thu Apr 2 01:41:40 UTC 2015

See 
https://www.icann.org/news/blog/vol-3-update-on-iana-stewardship-discussions

Vol. 3: Update on IANA Stewardship Discussions
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Download PDF version of Vol. 3: Update on IANA Stewardship Discussions here.
<https://www.icann.org/en/system/files/files/iana-stewardship-discussion-31m
ar15-en.pdf>  [PDF, 507 KB]
ICANN is compiling bi-weekly updates on the community discussions and
progress of the IANAStewardship Transition and Enhancing ICANN
Accountability Processes. This information is positioned to help inform
interested stakeholders in the recent developments in the processes,
upcoming key dates, latest documents and drafts and a snapshot of any news
coverage that occurs over the timeframe.
In brief
* The Cross-Community Working Group to Develop an IANA Stewardship
Transition Proposal on Naming Related Functions (CWG-Stewardship
<https://community.icann.org/display/gnsocwgdtstwrdshp/CWG+to+Develop+an+IAN
A+Stewardship+Transition+Proposal+on+Naming+Related+Functions> ) and Cross
Community Working Group on Enhancing ICANN Accountability
(CCWG-Accountability
<https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A
ccountability> ) held face-to-face meetings in Istanbul, Turkey, during the
week of 23 March 2015 with a common goal: the successful transition of
theIANA functions stewardship to the global multistakeholder community.
* Both CWG-Stewardship and CCWG-Accountability plan to make draft proposals
available for Public Comment in the lead-up to ICANN 53
<https://buenosaires53.icann.org/en/>  in Buenos Aires, 21-25 June 2015.
* As work on the IANA Stewardship Transition continues to build momentum, a
number of communities are beginning to submit formal statements and
recommendations to the CWG-Stewardship and CCWG-Accountability.
An overview of CCWG-Accountability and CWG-Stewardship meetings
* The Cross Community Working Group on Enhancing ICANN Accountability
(CCWG-Accountability
<https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+A
ccountability> )met in Istanbul on 23 and 24 March
<https://community.icann.org/pages/viewpage.action?pageId=52890276> . There
were 57 CCWG participants – 42 onsite and 15 using remote participation
tools, three advisors to the CCWG
<https://community.icann.org/display/acctcrosscomm/Advisors>  and two
representatives from Sidley Austin <http://www.sidley.com/> , one of the two
legal firms engaged by CCWG-Accountability.
* CWG-Stewardship 
<https://community.icann.org/display/gnsocwgdtstwrdshp/CWG+to+Develop+an+IAN
A+Stewardship+Transition+Proposal+on+Naming+Related+Functions>  met on 26
and 27 March 
<https://community.icann.org/pages/viewpage.action?pageId=52890325> , with
43 onsite and remote CWG participants, including 18 who had participated in
the CWG-Accountability meeting earlier in the week. Sidley Austin was
represented, as they were also engaged to provide legal advice to
CWG-Stewardship.
* On 25 March, the Co-Chairs of both groups met to discuss the progress,
objectives of their work, and how the groups could help inform each other's
work.
* In addition to the archived notes, transcripts and recordings of both
meetings, the Co-Chairs of both groups published Statements regarding the
meetings: 
> * CCWG-Accountability Co-Chairs' Statement
> <https://www.icann.org/news/announcement-2015-03-25-en>
> * CWG-Stewardship Co-Chairs' Statement
> <https://www.icann.org/news/announcement-2015-03-29-en>
* ICANN published video interviews with CCWG Co-Chair, Thomas Rickert
<https://www.youtube.com/watch?v=vVof6v0MguE> , and with the CWG Co-Chairs
<https://www.youtube.com/watch?v=G1M-ldKSjgM> .
CCWG-Accountability progress in Istanbul
ICANN Mission, Vision and Value statement
* There was general agreement that ICANN's commitment to its core values, as
stated in its Bylaws
<https://www.icann.org/resources/pages/governance/bylaws-en> , needed
strengthening.
* There was recognition that after the IANA Stewardship Transition occurs,
the accountability and transparency mechanisms provided by the Affirmation
of Commitments (AoC
<https://www.icann.org/resources/pages/governance/aoc-en> ) between ICANN
and the U.S. Government should be brought into ICANN's Bylaws. The group
discussed the need to rewrite some of the original AoC text, rather than
incorporate it as a single unchanged block, noting it would be important to
raise community awareness of the rewriting process of this key commitment
between ICANN and the global community.
Empowering the community
* The group discussed new mechanisms to empower the community in ICANN's
decision-making processes. In particular, there was general convergence on
the need to enable the community to:
> * Recall (or "spill") ICANN's Board of Directors
> * Approve or prevent changes to ICANN's Bylaws, Mission and Core Values
> * Reject Board decisions on ICANN's Strategic Plan and budget (where the Board
> has failed to appropriately consider community input)
* It was recognized that, while it was clearly important that the ICANN
Board be accountable to the community, it was also essential for the
community itself to meet high standards of accountability.
Introducing Fundamental ("Golden") Bylaws
* The CCWG-Accountability proposed to introduce Fundamental Bylaws
(previously referred to as "Golden" Bylaws), in ICANN's revised Bylaws that
would add additional robustness to key provisions. These Fundamental Bylaws
should be changeable, but any change should require a very high standard of
community approval.
* Four key topics were proposed as potential new Fundamental Bylaws:
> * ICANN's Mission (some provisions also identified for possible elevation to
> ICANN's Articles of Incorporation
> <https://www.icann.org/resources/pages/governance/articles-en> )
> * Enhanced Independent Review Process
> * The power to veto Bylaw changes
> * New community powers ("Empowering the community" above)
Independent Review Process
* There was general agreement to enhance ICANN's existing Independent Review
Process 
<https://community.icann.org/download/attachments/52888740/IRP%20Accountabil
ity%20Mechanism%20Template%20.pdf?version=1&modificationDate=1426866536000&a
pi=v2>  [PDF, 74 KB] rather than create a new process. Possible enhancements
include making the process more accessible and affordable and having a
standing panel (to help with consistency of decision making) that produces
binding outcomes. ICANN's Mission and Core Values would guide the decisions.
General discussion
* There was debate about the accountability mechanisms to be proposed as
Work Stream 1 –ICANN accountability processes that need to be in place or
agreed to before the IANAStewardship Transition can occur – and broad
agreement to continue developing proposals on six core themes:
> * Revisions to the mission, commitments and core values
> * Enhancement of the independent review process
> * Establishing fundamental bylaws
> * Mechanisms for community empowerment
> * Transcription of the AoC provisions and reviews into the Bylaws
> * Enhancements to reconsideration processes
What comes next?
* All recommendations by CCWG-Accountability will be subjected to stress
tests against contingencies already identified by the group
<https://community.icann.org/display/acctcrosscomm/ST-WP+Draft+Documents> .
* The CCWG-Accountability will refine its recommendations and expects to put
its draft out for public comment within the next few weeks. Based on input
from the wider community, the CCWG-Accountability expects to hold further
deliberations during ICANN 53.
* Given the potential significant impact to ICANN and the global community
of the proposals CCWG-Accountability is considering, the group is discussing
the need to hold dual public comment processes, to ensure its
recommendations are given the broadest consideration by the community.
CWG-Stewardship comes closer to converging on a single solution in Istanbul
Reducing the possible number of potential structures/models on the table
* Entering the meeting, the CWG-Stewardship was considering seven possible
models of what a post-NTIA IANA stewardship could look like: two external
solutions (Contract Co. and Trust); two internal solutions (Accountability
mechanisms and Trust); and three hybrid/integrated models (IANA subsidiary/
"affiliate" of ICANN, IANA shared services agreements and Standalone
IANAentity). Following preliminary legal advice presented by Sidley Austin
<https://community.icann.org/download/attachments/52891634/LegalOverview_26M
arch.pptx?version=1&modificationDate=1427359362000&api=v2>  [PPTX, 853 KB]
and subsequent discussion amongst CWG-Stewardship members of the pros and
cons of the different models, there was agreement to actively investigate
the following two models: Accountability mechanisms with functional
separation and Accountability mechanisms with legal separation (also called
the IANA subsidiary or "affiliate" of ICANN).
> * The remaining five models were not entirely dismissed and could be revived
> if either or both of the above models prove inadequate.
Design Teams
* Eight of the proposed fourteen Design Teams
<https://community.icann.org/display/gnsocwgdtstwrdshp/Design+Teams>  had
been active before the Istanbul meeting, with a fifteenth, on the IANA
budget, being added on the final day of the meeting. The Design Teams
reported back to the group on their progress. Detailed information on the
Design Teams and their activities can be found in the documents marked "DT."
<https://community.icann.org/pages/viewpage.action?pageId=52894123>  A
summary of the status of the Design Teams as of 27 March is available on
Slide seven. 
<https://community.icann.org/download/attachments/52894123/CWG_Stewardship_H
andouts_04.pdf?api=v2>  [PDF, 1.2 MB]
What comes next?
* Design Teams aim to complete their work by 10 April for review by
CWG-Stewardship. Accepted work will be inserted in the appropriate section
of the draft names proposal.
* CWG-Stewardship has revised its upcoming timeline slightly and extended
the Public Comment period for its draft proposal from 21 to 30 days. See
"Upcoming Key Dates" below.
* Three versions of the group's final proposal will be developed. One
version will be submitted to theIANA Stewardship Coordination Group (ICG)
for consideration. A second, more detailed version will explain the
reasoning behind choices in the proposal and provide more information about
the implementation of the post-NTIA model for the names component of IANA
stewardship. A third, short version, produced with the assistance of ICANN
communications staff, will be made available as a summary for members of the
community not involved with the process on a day-to-day level.
Inter-community correspondence
* On 19 March, a group of registries submitted
<http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002385.html>  a
guidance document 
<https://community.icann.org/download/attachments/52894123/IANA%20Stewardshi
p%20Transition%20-%20Guidance%2019%20March%202015.pdf?api=v2>  [PDF, 99 KB]
to CWG-Stewardship aimed at delivering the most minimal, simple and
lightweight structures possible while meeting the needs of stakeholders and
avoiding the creation of new, unnecessary structures and complexities.
* On 22 March, the Consolidated RIR IANA Stewardship Proposal (CRISP
<https://www.nro.net/news/final-proposal-crisp> ) Team Co-Chairsrequested
<http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002444.html>  that
the CWG-Stewardship Co-Chairs communicate with them directly and in a timely
manner on developments that might affect the Numbers community, and not wait
for the final submission of the names proposal to the ICG.
* Also on 22 March, the Registries Stakeholder Group (RySG
<http://gnso.icann.org/en/about/stakeholders-constituencies/rysg> )
submitted 
<http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002417.html>  a
statement 
<https://community.icann.org/download/attachments/52894123/RySG%20IANA%20Sta
tement%203%2022%202015%20%28Final%29.docx?api=v2>  [DOCX, 34 KB] to
CWG-Stewardship. Among other issues, the statement recommended: avoid
creating new accountability concerns by minimizing the creation of new
structures; identifying processes for improvements to the performance of the
IANA functions and oversight structures; and identifying stable funding
streams for the IANA functions from fees paid to ICANN by gTLDs and ccTLDs.
* On 26 March, the Country Code Name Supporting Organization (ccNSO
<http://ccnso.icann.org/> ) Council Chairs wrote
<http://ccnso.icann.org/about/holland-et-al-to-lise-et-al-26mar15-en.pdf>
[PDF, 52 KB] to the CWG-Stewardship and CCWG-Accountability Co-Chairs to
report that theccNSO intended to have the IANA and accountability proposals
presented at the next face-to-face meeting of the ccNSO at ICANN 53 in
Buenos Aires and, if the ccTLDs present at the meeting express support for
the proposals, the ccNSO Council would then make a decision on whether to
adopt the proposals. Therefore, the earliest the ccNSO could make a decision
is 21-25 June 2015.
* On 26 March, a German position paper
<https://community.icann.org/download/attachments/52894734/German%20Position
%20Paper%20IANA%20transition%200326%5B1%5D.pdf?version=1&modificationDate=14
27447800000&api=v2>  [PDF, 26 KB] on the IANA Stewardship Transition,
developed via a multistakeholder process and backed by the German
government, was sent
<http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002471.html>  to
the CWG-Stewardship Co-Chairs. Among its recommendations, the paper suggests
that there must be binding rules implemented that protect ICANN and the IANA
functions from possible threats toICANN's existence (such as insolvency)
before the transition occurs. The paper also recommends it should remain
possible to separate the technical execution of the IANA functions from
ICANN.
* On 26 March, the U.S. Government Accountability Office (GAO
<http://www.gao.gov/> ) requested
<http://mm.icann.org/pipermail/accountability-cross-community/2015-March/001
939.html>  a teleconference with the Co-Chairs of the CCWG-Accountability on
7 or 8 April 2015. GAO is reviewing NTIA's proposed transition of IANA
Stewardship in response to a request by the Chairs of the U.S. House
Committee on Energy and Commerce <http://energycommerce.house.gov/>  and its
Communications and Technology Subcommittee
<http://energycommerce.house.gov/subcommittees/communications-and-technology
> .
Upcoming key dates
31 Mar 2015CCWG-Accountability Meeting #18
<https://community.icann.org/display/acctcrosscomm/Meetings> , 6:00 UTC
2 Apr 2015CWG-Stewardship Meeting #33
<https://community.icann.org/display/gnsocwgdtstwrdshp/Meetings> ,
17:00-19:00 UTC
7 Apr 2015CCWG-Accountability Meeting #19
<https://community.icann.org/display/acctcrosscomm/Meetings> , 19:00UTC
10 Apr 2015 Deadline for CWG-Stewardship Design Teams to provide content
13-14 Apr 2015 CWG-Stewardship intensive working days
14 Apr 2015CCWG-Accountability Meeting #20
<https://community.icann.org/display/acctcrosscomm/Meetings> , 12:00UTC
20 Apr 2015 Public Comment period for CWG-Stewardship draft proposal begins
21 Apr 2015CCWG-Accountability Meeting #21
<https://community.icann.org/display/acctcrosscomm/Meetings> , 6:00UTC
20 May 2015 Public Comment period for CWG-Stewardship draft proposal ends
30 May 2015 CWG-Stewardship High-Intensity Weekend
8 Jun 2015 CWG-Stewardship delivers names proposal to ICANN SOs & ACs
18-19 Jun 2015ICG Face-to-Face Meeting, ICANN 53
<https://buenosaires53.icann.org/> , Buenos Aires
25 Jun 2015 CWG-Stewardship delivers names proposal to ICG
<https://www.ianacg.org/>
Latest documents and drafts
24 Mar 2015 CWG-Stewardship - Overview Handout from Istanbul Face-to-Face
meeting 
<https://community.icann.org/download/attachments/52894123/CWG_Stewardship_H
andouts_04.pdf?api=v2>  [PDF, 1.2 MB]
27 Mar 2015 CCWG-Accountability - Sidley Preliminary Draft Responses to CCWG
Legal Sub-team Questionnaire
<https://community.icann.org/download/attachments/52890082/Sidley%20Prelimin
ary%20Draft%20Responses%20to%20CCWG%20Legal%20Sub-team%20Questionnaire.pdf?v
ersion=1&modificationDate=1427711507000&api=v2>  [PDF, 821 KB]
CCWG-Accountability - Adler Colvin Preliminary Responses to CCWG Legal
Sub-team 
<https://community.icann.org/download/attachments/52890082/Adler%20Colvin%20
Preliminary%20Responses%20%2800663636xA3536%29.pdf?version=1&modificationDat
e=1427711471000&api=v2> [PDF, 122 KB]
18 Mar 2015 CWG- Stewardship - Draft Transition Plan V2.2.1
<https://community.icann.org/download/attachments/49351404/CWG%20-%20Draft%2
0Transition%20Plan%20V2.2.1.docx?version=1&modificationDate=1426689336000&ap
i=v2>  [DOCX, 168 KB]
15 Mar 2015 CWG-Stewardship - Sidley Preliminary Draft Response to legal
questions 
<https://community.icann.org/download/attachments/52894123/Sidley%20Prelimin
ary%20Draft%20Response%20%2803-18-15%29.pdf?api=v2>  [PDF, 155 KB]
IANA Stewardship Transition in the news
25 Mar 2015Temi importanti per i proprietari di marchi
<http://www.insidemarketing.it/temi-importanti-per-proprietari-di-marchi_584
9/> , Inside Marketing [IT]
16 Mar 2015IANA機能の監督権限の移管について
<https://www.nic.ad.jp/ja/governance/iana.html> , JPNIC [JP]
9 Mar 2015Mutations dans la gouvernance de l'internet dans le monde: Les
Etats africains invités à faire des propositions
<http://www.lesoleil.sn/index.php?option=com_content&view=article&id=45240:m
utations-dans-la-gouvernance-de-linternet-dans-le-monde--les-etats-africains
-invites-a-faire-des-propositions&catid=195:medias&Itemid=109> , Le Soleil
[FR]
8 Mar 2015"互联网+"：法律政策怎么加？
<http://www.eeo.com.cn/2015/0308/273340.shtml> , 经济观察网 [CN]
You can play a role in IANA's future…
Anyone can participate in discussions about the future of IANA's stewardship
and ICANN accountability. For information on joining CWG-Stewardship,
contact grace.abuhamad at icann.org. For information on joining
CCWG-Accountability, contact accountability-staff at icann.org.
Compiled on behalf of ICANN by Samantha Dickinson | 31 March 2015
This update can also be found here:
https://www.icann.org/resources/pages/iana-stewardship-discussion-2015-03-31
-en


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