[CWG-Stewardship] Accountability measures required by CWG Proposal(s)

Gomes, Chuck cgomes at verisign.com
Thu Jan 15 19:44:45 UTC 2015


I do not understand the 'poison pill' point.


From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of Jonathan Robinson
Sent: Thursday, January 15, 2015 8:16 AM
To: jrobinson at afilias.info; 'Alan Greenberg'; 'CWG IANA'
Subject: Re: [CWG-Stewardship] Accountability measures required by CWG Proposal(s)


Note the reference that Fadi has very recently made to the possible use of an over-arching conditionality (in the CWG proposal) in the form of a "poison pill" i.e. our (CWG) proposal being invalid unless certain key accountability conditions are met.


From: Jonathan Robinson [mailto:jrobinson at afilias.info]<mailto:[mailto:jrobinson at afilias.info]>
Sent: 15 January 2015 12:46
To: 'Alan Greenberg'; 'CWG IANA'
Subject: RE: [CWG-Stewardship] Accountability measures required by CWG Proposal(s)

Alan (and the CWG),

One question that strikes me which we will almost certainly be asked to clarify is; What is the problem/issue that you (we) are trying to solve for in each case?

The purpose for establishing the motivation is that it may be that there is more than one remedy and that one remedy is more desirable than another  (for whatever reason including but not limited to legal advice).

Perhaps a table in the form of issue / proposed resolution 1 / proposed resolution 2?


From: Alan Greenberg [mailto:alan.greenberg at mcgill.ca]
Sent: 15 January 2015 06:12
Subject: [CWG-Stewardship] Accountability measures required by CWG Proposal(s)

I believe that this is the minimalist list of accountability measures or accountability-related processes that would be required based on the two proposals currently under consideration.

I have explicitly not included the wider list of measures that the CCWG is considering for possible inclusion in its WS1, specifically those which the community would like to see and for which the IANA transition might provide additional impetus for the Board to approve, but are not absolutely required to ensure that the IANA transition can occur. I recognize that this is a judgement call that not all might agree with.

During the last of the four weekend meetings, Chuck mentioned one additional issue, and referred to a chat exchange between him and Donna during the third meeting that listed several other potential accountability issues. Unfortunately, that chat transcript was not preserved due to an error in saving it.

The list of measures for the Contract Co. model is based on the list that the Co-Chairs created in December, augmented by Chucks suggestion. I do not believe that the December list has been negated by any work done in the interim, but perhaps I have missed something. I could not find a rationale for the inclusion of the first of the three items, but include it here so that the CWG could decide if it is based on a real need associated with the proposal or not. If included, I would suggest the CWG be more specific as to under what conditions it would apply. Chuck's suggestion seems to conflict with the 2nd measure in that the 2nd measure is specified as being binding. I am also not sure if it could possibly be replaced by the more generalized IAP (once the request goes to IANA).

The requirements for the internal-to-ICANN model are based on my discussions with a number of people over the last weeks.

Contract Co. Model Requirements

1. Independent Review of Board Actions

Change the ICANN Bylaws to specify that under certain circumstances (to be defined) the determinations of an Independent Review of Board Actions Panel would be binding and not implemented at the Board's discretions.

2. Independent certification for delegation and re-delegation requests

This 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.

3. Independent Appeals Panel

An independent review panel must 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 the decisions of such a panel would be binding. There may also be a need for an injunction-like mechanism to defer the change in question during the appeal process.

4. gTLD Delegation or Redelegation Appeal within ICANN prior to the change request going to IANA

A Registry could appeal an ICANN decision to delegate or redelegate and gTLD, based on policy not being followed (or presumably contractual terms not being followed).

Internal-To-ICANN Model Requirements

This model will require all of the above measures plus the following:

5. Control over ICANN Board decisions.

The ability for ICANN Stakeholders, potentially augmented by other non-ICANN entities, to mandate or overrule, a particular Board decision, or to require that the implementation of such a decision be subject to consideration of an independent, binding review. These measures might need to be augmented by advance notice of such decisions and allow the MS community to react. In the most restricted form, this ability might be restricted to decisions related to IANA, but in reality, it may not be practical to define this scope limitation (ie how to recognize an IANA-related decision).

6. Ability to Remove Directors

The ability of the overall multi-stakeholder community to remove some or all of the Board Directors. In the case of a full Board removal, a mechanism would be required for appointing an Interim Board and then a replacement regular Board. In addition, ACs and SOs could be given the right to recall their appointed Director(s).

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