[WP1] Bringing AoC Reviews into ICANN Bylaws, v5 reflecting Paris Saturday discussion

Steve DelBianco sdelbianco at netchoice.org
Wed Jul 22 00:59:16 UTC 2015


Thanks.  I accepted nearly all your edits.

One that I didn’t accept was on page 1:

You said that AoC now requires ICANN to implement review team recommendations.
Not true.  AoC requires only that  "The Board will take action …”

On p.2 You suggest we cite legal advice that we cannot require implementation.  If you can find that advice, then let’s include that citation.   But we stopped short of requiring implementation mainly because some recommendations might be justifiably rejected.

Can you dig-up anything useful for the non-disclosure bit on page 3?

Please accept the other edits in there and re-circ to WP1 before next call.

Thanks!

From: Grace Abuhamad
Date: Tuesday, July 21, 2015 at 4:51 PM
To: Steve DelBianco, "wp1 at icann.org<mailto:wp1 at icann.org>"
Cc: Avri Doria
Subject: Re: [WP1] Bringing AoC Reviews into ICANN Bylaws, v5 reflecting Paris Saturday discussion

Hi all,
Here are some suggested edits from Bernie and me.

From: <wp1-bounces at icann.org<mailto:wp1-bounces at icann.org>> on behalf of Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>
Date: Monday, July 20, 2015 at 11:01 PM
To: "wp1 at icann.org<mailto:wp1 at icann.org>" <wp1 at icann.org<mailto:wp1 at icann.org>>
Cc: Avri Doria <avri at acm.org<mailto:avri at acm.org>>
Subject: [WP1] Bringing AoC Reviews into ICANN Bylaws, v5 reflecting Paris Saturday discussion

Updated to reflect Saturday in Paris, where we said that commitments stated within the new gTLD and WHOIS reviews would stay in that section of the Bylaws, instead of moving them to the Core Values.

I have noted 1 area with yellow highlighting for follow-up:

In the chapeau on page 3 we note the need to define confidentiality and non-disclosure rules when the review team accesses documents that ICANN management says are confidential, sensitive, or proprietary.

—Steve



From: Steve DelBianco
Date: Friday, July 17, 2015 at 7:40 AM
To: "accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>"
Cc: Jordan Carter, Avri Doria, "wp1 at icann.org<mailto:wp1 at icann.org>"
Subject: Bringing AoC Reviews into ICANN Bylaws, v4 reflecting Paris discussion

Today (17-Jul) we reviewed and revised the proposal to bring AoC Reviews into the ICANN Bylaws.

By my notes, here are the changes we agreed today:

Preference for option 2 on team composition, so removed 3-May proposal and Option 1.

Allow ATRT to amend these reviews, too.

Add 1 ICANN board member to each review team under option 2.  Note that our 3-May draft had a board member on each team.

Bruce Tonkin suggested requiring review teams to Prioritize their recommendations.   We heard several objections to making that a requirement, so I added it as a suggestion: "The review team should attempt to assign priorities to its recommendations."

Remaining challenges:

How to give review team access to ICANN Internal documents, while preventing disclosure/publication of information that is sensitive, confidential, or proprietary?  Do we impose sanctions for unauthorized disclosure?  HELP NEEDED HERE.

Steve Crocker recommended changing the AoC commitments for WHOIS/Directory Services.  We heard some agreement with that idea, but strong cautions about attempting to drop WHOIS commitments as part of the transition.  Instead, amendments to the WHOIS/Directory Services review could be recommended by the first post-transition ATRT.


—
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org<http://www.netchoice.org/> and http://blog.netchoice.org<http://blog.netchoice.org/>
+1.703.615.6206


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