[CCWG-ACCT] Timelines ...

Tue Feb 3 22:12:57 UTC 2015

Dear All,
Good questions and valid arguments we raised and launched.
I will revert back to you soon on the matter as I am now travelling
Kavouss

2015-02-03 19:02 GMT+01:00 Paul Rosenzweig <
paul.rosenzweig at redbranchconsulting.com>:

> 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
>
>
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