[WP2] Notes-Recordings-Transcript links for WP2 #6 - 10 June

[Kimberly Carlson]

Hello all,

The notes, recordings and transcripts for the WP2 Meeting #6 - 10 June will be available here:

https://community.icann.org/pages/viewpage.action?pageId=53777668


A copy of the notes and action items may be found below.


Thank you

Best regards,
Kim



NOTES & ACTION ITEMS:

These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcript.

The comments on mission statement and commitments have been pretty positive. We do have questions regarding the balancing test: why the existing balancing test is inadequate and whether the proposed one is appropriate or not. We will need to pay attention to this. We also received a request for more clarity with respect to certain terms (community, public interest...) Reasonnable points we might want to take into consideration moving forward.
A lot of substantive comments. Team will compiling comments into a comprehensive understandable document that articulates what we have heard from community as part of this process.  This is the fundamental task.
Group comments together prior to addressing response/action - example A lot of support to changes to mission, commitment and core values - need to clarify mission.
Our goal will be to produce a synthesis doc on these four areas. (mission, commitments and core values, Fundamental bylaws, IRP, reconsideration)
Additionally, group has been asked to think more holistically - to what extent is enforceability is of value, what extent is the structural issues, like memberships are they worth it to the communities.
Overarching issue - whether this structure creates risk of endless litigation or dispute, to the extent that the dispute mechanism can be used for stalling.
Request for volunteers:
- Paul Rozenzweig, David McAuley and David Post have volunteered to work on IRP section
- Consider new ideas that were brought into the conversation. List these new ideas.
Call for ideas on how to organize, etc.
Suggested to separate specific points/new ideas and other points that have already been discussed in the ccwg that has not reached consensus.  Then do a sort of head count.  Make sure new ideas are identified - include who mentioned it.
Pens down by 16 June
- Using comment 98 as example. Work one comment as group, so when breaking out into smaller group, approach is consistent.  Identify answers, questions and new ideas/questions.
We need to analyze input first - identify principles - break out comments Identify commonalities between points.   Need to analyze by issue and not by commenter initially.  Identify as many issues first and themes / commonality - then whether is in favor or against.
What is the expectations from the work party?
Start with "bigger" topics, and identify smaller ones along the way.
Need volunteers to find pattern match - Malcolm Hutty - to identify themes/patterns on mission and core values - and will move to Fundamental bylaws - time permitting (to circulate template - for consistency)
Virtual whiteboard used once patterns have been identified.  EOD Friday.
Suggestion: As a matter of time, while Malcolm works on pattern match, other can start principal discussion issues already identified: Capture, Human Right, Enforceability, Jurisdiction vs state/place of incorporation.  Start a principle debate, heavy thinking.
Jonathan Zuck, David Post, Paul Rozenzweig on IRP
Reconsideration - David McAuley will identify trends, will help with IRP as well
Jurisdiction vs state/place of incorporation - some say stay in US, to be evaluated, etc - discussed in ST WP.  What is the distinction?  Example of Richard Hill comment regarding moving to Switzerland.  No change to status quo, not change to where ICANN is incorporated.  Fundamental bylaw or not?  Finding balance for those who agree or disagree.  Need to be sensitive on how this matter is described.
What is process for responding?  Further discussion or make it a statement or fact.
Facts or principles? State significance. Use both, pros and cons.
Use a neutral tone in response.
Clarify factual context
Call for volunteer for specific issues.
Greg Shatan - jurisdiction vs state of incorporationRegarding capture, will be addressed by Steve, Avri and Cheryl - SD asked that WP2 principle although we speak to transparency and disclosure, notice, the issue with respect to SO/AC will develop their own rules and procedures, but must inform community if the mechanism proved to be deficient or "rogue".
Human rights - Avri Doria and Greg Shatan
Enforcement - David McAuley, Greg Shatan, Jonathan Zuck
Suggested principled discussion hold off until pattern match and trends are identified.
Seek a non-American for Enforcement topic
By tomorrow - volunteers to go through section, identify patters and identify pro/against.new ideas  Others can start looking at substantive issues.
Enforcement - reference recent email from Chris Disspain.  Sorting facts.  Fact seem to be in dispute still.  Using a designator model enforcement? Courts?  Membership model?  Using judicial process, courts, binding arbitration, etc.

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