[CCWG-ACCT] Timelines ...

Wed Feb 4 18:09:28 UTC 2015

Paul,

I share your concern, but am afraid we are already way past making the
deadline..

Best,

Roelof

On 03-02-15 19:02, "Paul Rosenzweig"
<paul.rosenzweig at redbranchconsulting.com> wrote:

>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
>
>
>**NOTE:  OUR NEW ADDRESS -- EFFECTIVE 12/15/14 ***
>509 C St. NE
>Washington, DC 20002
>
>Paul Rosenzweig
>paul.rosenzweig at redbranchconsulting.com
>O: +1 (202) 547-0660
>M: +1 (202) 329-9650
>Skype: +1 (202) 738-1739 or paul.rosenzweig1066
>
>-----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
>
>
>_______________________________________________
>Accountability-Cross-Community mailing list
>Accountability-Cross-Community at icann.org
>https://mm.icann.org/mailman/listinfo/accountability-cross-community