[CCWG-ACCT] Timelines ...

[Paul Rosenzweig]

Colleagues

Since "timelines" are to be discussed next week in Singapore (and since I
will not be there) I wanted to raise a question/issue that has been
troubling me for several weeks and with which I've been struggling in terms
of reconciling a suitable answer.  My question begins with a single
assumption -- that the CCWG recommends to the Board accountability changes,
at least one of which requires a change in the Bylaws of ICANN.  That is by
no means certain, of course, given our ongoing discussions but I think it is
fair to characterize those discussions as making such a recommendation
reasonably likely.

Based on earlier conversations within the CCWG and input from Bruce Tonkin,
here is what I understand the Bylaw amendment process to entail: (1) Board
of Directors acceptance of the recommendation from the working group; (2)
drafting of the specific wording of the bylaw amendment and corresponding
changes to related provisions by the ICANN General Counsel's office; (3)
posting of the proposed language for public review and comment, (in the past
this seems typically to have been for 21 to 45 days); and, finally, (4) a
formal vote to adopt the bylaw amendments, which requires a two-thirds
majority of the Board.

One final preliminary factual point.  Pursuant to the terms of the NTIA IANA
Functions Contract with ICANN:  "The Government may extend the term of this
contract by written notice to the Contractor within 15 calendar days before
the expiration of the contract; provided that the Government gives the
Contractor a preliminary written notice of its intent to extend at least 30
calendar days before the contract expires. The preliminary notice does not
commit the Government to an extension."  In other words, if the NTIA were to
choose to extend the contract it must provide preliminary notice to ICANN no
later than August 31, 2015, and final notice of that decision no later than
September 15, 2015.

I am therefore uncertain how our timeline will fit with these requirements.
I assume that in addition to the steps identified above there were need to
be some interaction between the Board and NTIA by which NTIA would announces
its conclusion that the proposed accountability measures (including the
hypothetical Bylaw change) would satisfy the conditions that it has set for
the transition.  I also assume that the Board would simultaneously begin the
public consultation process for the Bylaw amendment but would not vote to
formally adopt the amendment until after that process concludes and the NTIA
review has concluded -- no point in adopting a Bylaw that NTIA deems
inadequate or unnecessary.  And, finally, if a Bylaw amendment is necessary
I assume that the NTIA would not renew the contract in the absence of a
Bylaw amendment.  So this is the timeline I see right now:

June 30 -- CCWG transmits recommendations for accountability
July 31 -- Final deadline for submitting recommendations to Board by ICG
August 1 -- Board submits proposals to NTIA and Community -- concurrent
August 21 -- Board closes public Comment period/NTIA approves
August 22 -- Board votes "yes"

As you can see, this is remarkably tight and assumes immediate concurrence
in all recommendations by the Board (which may or may not be a reasonable
assumption) as well as the absence of pushback either from the NTIA or the
broader community 
-- hence my concern with timelines.  This also assumes that in the end we
agree that a commitment to implement a Bylaw change is sufficient for
accountability purposes -- as opposed to the view of some (including me)
that actual implementation is preferable.  It appears to me inevitable that
NTIA will have to file a protective notice of extension on August 31.  And
it seems almost equally certain that the NTIA will have to renew the
contract.

Is there a way to accelerate the timeline?  I assume not.  But I thought I
would ask.  If there isn't then what is a realistic extension timeline?  6
months?  

Regards
Paul


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Paul Rosenzweig
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-----Original Message-----
From: Adam Peake [mailto:adam.peake at icann.org] 
Sent: Tuesday, February 3, 2015 7:34 AM
To: accountability-cross-community at icann.org
Subject: [CCWG-ACCT] Draft agenda CCWG meeting with the Board

Proposed draft agenda for CCWG meeting with the Board.  11 am to 12 noon.
Sunday Feb 8 03:00 - 04:00 UTC

(1)  A discussion about timelines, particularly around and leading up to
ICANN 53 Buenos Aires

(2) To clarify how the Board will handle CCWG's proposal, and any
anticipated reasons why a proposal/part of a proposal might be refused?
The anticipated process following any such refusal.

(3) CCWG to provide an update of the two work avenues developed from the
face-to-face discussions in Frankfurt, that is:
  * mechanisms  that enable community empowerment over Board decisions with
limited, strictly enumerated, last resort powers
  * mechanisms to enhance review and redress processes

The meeting is not yet on the ICANN 52 Schedule, but the CCWG wiki is update
https://community.icann.org/display/acctcrosscomm/Meetings

Includes all meetings of the CCWG during the week.

Thank you,

Adam