[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT Meeting #30 - 28 April

Wed Apr 29 09:24:07 UTC 2015

Dear all, 

The notes, recordings and transcripts for the CCWG ACCT Meeting #30 - 228 April  will be available
here:  https://community.icann.org/pages/viewpage.action?pageId=52896619
<https://community.icann.org/pages/viewpage.action?pageId=52896619%20>  

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

Thank you.

Kind regards,

Brenda

NOTES & ACTION ITEMS:

Action: staff to add glossary to the report

Action: staff to restructure the report, moving sections 1-5 to appendix and re-format for public
comment

Action: Staff to have report numbered in a way to enable identifying text by line/paragraph

Action: legal sub-team, provide draft to the legal advisors

Action: number questions throughout the document

Action: two additional points to be included in 6.1.1.1 (i) to explain group's reasoning

Action: staff to add this comparison chart to the report

Action:  Alan, Cheryl, Avri (+Staff?) come up with language about the "same basis as the existing
NomCom"

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

1. Welcome, roll-call & SoI 

Alice Munyua , Jim Baskin and Becky Burr,  on the phone.

We will review the changes made the draft report, to be submitted for public comment soon

Reviewed the comments gathered during our past sessions.  Today we will review feedback and the
comments incorporated. 

First sections of the document: definition and scoping document, the inventory gathered from
community.  

Circulated only a few hours ago. See URL for the draft report at the top of this notes page

2. Discussion of changes to the draft report following the intense work days

Robin's edit "remains accountable" -> is accountable, Izumi's request to have the requests from the
CWG highlighted.

To make the document more readable will move sections 1-5 to the appendix and being with and
executive summary then current chapter 6

This change will be reflected in the next version of the document.  Introduction of glossary.

Action: staff to add glossary to the report

Sense of support for the issue of moving the chapters to the appendix

Action: staff to restructure the report, moving sections 1-5 to appendix and re-format for public
comment

Concern that new text has been added to section 4, and this has not been discussed with the group.
Noted that the text we there for the frozen document used during the intense workdays last week.

Suggestion to have the sections numbered - this will be done as well as as explanatory sections and
working with XPLANE of graphical representation,

Consider line numbers and ways to easily refer to text being commented on.

Action: Staff to have report numbered in a way to enable identifying text by line/paragraph

If people find a term is too legalistic or subjective, please flag in the draft.

External legal advisors request to be able to review the document.  

Action: legal sub-team, provide draft to the legal advisors

Review of Section 6.

Page 22. Change to explain the graphic on the overall acc architecture.  New, so comment.

Section 6.2 page 24.  Reviewed by Becky.  Introduced the notion of guarantees. With consistency
across all documents. 

There was disagreement about the use of "guarantees" in this way, agreed further consideration
needed use of guarantees and commitment.

Section 6.3.  Memo about fundamental bylaws.

Section 6.4 Significant changes.  Outcome of the discussion of the intense workday, including
possible outcomes of the IRP.  And IRP cancels or changes an opinion of the board and its decisions
would be final.  Some comment from legal advice that this was viable.  

Section 6.5. Reconsideration: more agreement so fewer changes. 

Section 6.4.  Pointing to questions and open issues.  Should these be item by item, more readable if
the questions are grouped at the end of the section or presented and numbered as reading thorough
the section.

Action: number questions throughout the document.

What's meant by standard of review?  Standard of Review means the principles against which the
instant case is measured to determine whether a complaint should be upheld.  A term in law. 

1) we have always assumed the Community (Members) would have standing to file RR or IRP.    It is
not entirely clear in our document how we would establish standing for the Community.

stress test 13.  redress mechanisms.  concern about blocking. As yet not scoring well.  The proposed
measure may need to distinguish between community power and those of individual.  

We as the community may need to have standing to challenge a decisions.  And have we done enough to
restrain people from using them to block policy making. 

Operate for now under the assumption that the community does have standing.

Section 6.6. community mechanisms.  Discussion of the membership model, and the other options
available such as the designator model. With rational as to why this is necessary.  

The member model as the reference model that we feel will work given the legal advice received.
Language intend to support this reference model, but not to close off other models.  

Q.  Is there place for an additional section to lay out the risks and benefits of the different
models? Are we currently giving the community to understand the pros and cons of models as they make
their preference known?

A choice: what is taken into the body of the report and what to the appendix.  The legal advice will
be linked from the main body of the report.  Do members want to identify more of the legal advice in
the document.

There will be a second run-through of tress tests, to ensure that none of our proposal create
additional contingencies. ST-WP meets tomorrow.

Additional explanation for the risks and benefits would be helpful, but not to the extent that we
were have to do the same through every section of the document

6.1.1.1 (i) suggest this should be fleshed out, to say why we reached the decisions we have reached
(e.g. legal advice has come back to say this is stronger, etc)  

Action:  Two additional points to be included in 6.1.1.1 (i) to explain group's reasoning.

New text to be added to note (1) that the all the groups requirements can be implemented under the
reference model, and (2) it has advantages in terms of enforceability 

The stress tests and mechanisms do not stop an event happening, but the issue is does the community
have the means to respond, or the means to challenge how the Board responds. 

Are our new accountability mechanisms creating new risks, for example capture, do the stress tests
mitigate against these? 

Regarding fleshing out pros and cons, the short table on the powers would be helpful to have in the
main document.  A comparison chart that was offered as one of the legal memos. 

Action: staff to add this comparison chart to the report.

Have we made sure that we have updated the stress tests to evaluate the model especially around
capture. Member model to empower the community, but concern over individual member rights and
collective rights.  

A question many will ask, people will ask what if the community gets captured. Link between this and
the question from Jan Scholte and the group should work on the accountability of the community.

6.6.1.1. f.  about designators.  Not fully explaining the designators model, something more explicit
needed. 

Section 6.1.1.2 

Influence in the community mechanism.  Co-chairs have contacted the RSAC and SSAC about the
proposals.  Given a rationale about the reference option, and the pros and cons.  Any adjustments
needed?

Para F.  add, and in keeping with keeping with keep ICANN rooted in the private sector. (add to the
text)

6.6.2.  reconsider/eject budget or strategy operating plans

Only change was on the grounds. 

6.6.3.  page 56
Community power to reject/reconsider ICANN's standard bylaws.  Language better reflects what is
meant by standard vs. fundamental.  Examples changed, added the question. 

6.6.4. Powers to change fundamental bylaws. No substantive edits, a question add. And the
fundamental bylaws now have a section in the report. 

6.6.5 page 57 

Updated to reflect language around the nominating committee. Keep the petition model, that the
NomCom would be the option, but not to close down any other models.  

6.6.6 Recall the Board

NomCom. Section g.  Both options legally viable.  Re-format

"On the same basis as the existing NomCom" are we talking about a standing group, or on an ad hoc
basis

Suggestion to take offline to come up with suggested language. 

Action:  Alan, Cheryl, Avri (+Staff?) come up with language about the "same basis as the existing
NomCom".

6.7 Affirmation of Commitments into the bylaws

Changes made.  Section 8b.  Section 6.7.2, incorporation of commitment reviews. 

(Current method of consensus in GAC
Due deference refers to process of finding mutual consensus
It was not meant to be fundamental )

ICANN HQ in Los Angeles
Commit or will to call,  Financial/non-financial rater than non-commercial.  
Review team must be as diverse as possible.
How were prior review teams recommendations implements

(Connection lost.)  Normally one year after.  

Action: co-chairs/rapporteurs, recent discussion from list to be reflected in the report

6.7.2. A.  require the ICANN board to approve and implement.  Not requiring he board to review and
implement/ 

6.8.2. GAC advice.  The GAC chooses how it chooses consensus.  

ICANN bylaws would only allow due deference to consensus advice. Refers to the current arrangement.
That kind of deference would only be due to consensus advice.  Article 11  Section 2 bylaws change
is being suggested.  Question: is this section of the bylaw suggested as fundamental. 
(Ref 3rd column, page 73)

Stress test review on next call, and have been updating both for the CCWG and the requests the CWG
put put last week. 

Page 94.  Items for consideration in WS2:

Diversity and language for consideration about transparency.  
Whistleblower policy missing, should be added. AGREED: Enhancements to ICANN's whistle-blower
policy.
And also suggest adding ICANN's conflict of interest policy.

Committed to the "relevant" recommendations. This language can be clarified. 
More than investigate enhancements. Should be stronger than that.
Action: Robin please send language.

Conflict of Interest.  The policy is quite recent and seems quite robust, what is the rationale for
the change, suggestion to discuss conflict of interest on the list. 

Support for improving the conflict of interest policy. 

Implementation plan and timeline.  Section 9.1. 

Updating the timeline for next steps 9.2, which includes input from the lawyers on their changes and
from staff on the possible implication time for bylaws changes. 

New, next CCWG call Thursday Arp 30. 05:00 UTC, the call will:

Hold a final review of text.  A new document version circulated as early as possible, with red-line
as mentioned on this call
Output from the Stress Test WP meeting.  
Engagement material -  easy to read tools and materials.  
Glossary of terms
Before or after diagram

END

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