[CCWG-Accountability] High Level Statement for CWG-Stewardship

[Seun Ojedeji]

sent from Google nexus 4
kindly excuse brevity and typos.
On 7 Jan 2015 20:50, "Thomas Rickert" <rickert at anwaelte.de> wrote:
>
> Greg, Matthew and Robin,
> thanks for your comments and sharing your concerns.
>

>
> We could amend the sentence as follows:
>
>> Unless the CWG-Stewardship specifies otherwise, Board decisions that are
directly related to IANA Functions COUD BE ADDED TO the remit of THE
AFOREMENTIONED independent mechanisms for the review and redress of
decisions of the ICANN Board of Directors, which the CCWG-Accountability
may address in Work Stream 1.
>
Considering that the statement is trying to ascertain who does what, I
agree with the rewording.
Minor- please note the spelling "could" also the word "aforementioned" may
not be necessary when read within the context of the entire message

>
> I hope this helps clarify the issue.
>
Thanks

> Finally, please do rest assured that we seek to work with the CWG
closely. My personal view is that collaboration is key.
>
> Thanks,
> Thomas
>
> --
> thomas-rickert.tel
>
> Am 07.01.2015 um 19:36 schrieb Greg Shatan <gregshatanipc at gmail.com>:
>
>> Matthew,
>>
>> Thanks for calling out that sentence.  Assuming "such mechanisms" means
"independent mechanisms enabling to review and, when appropriate, redress,
decisions from the ICANN Board of Directors," which the co-Chairs say the
CCWG is considering addressing in WS1, the full sense of the sentence
(editing slightly for clarity) is:
>>
>> Unless the CWG-Stewardship specifies otherwise, Board decisions that are
directly related to IANA Functions will be within the remit of independent
mechanisms for the review and redress of decisions of the ICANN Board of
Directors, which the CCWG-Accountability may address in Work Stream 1.
>>
>> This is an interesting, and potentially troubling, statement.  It
appears to contradict the Charters of both the CWG and the CCWG,  The CWG
Charter states "Accountability for the administration of the IANA functions
(i.e., implementation and operational accountability), however, is properly
within the scope of this working group."  The CCWG Charter states
"Accountability for the administration of the IANA functions (i.e.,
implementation and operational accountability) is not within the scope of
the CCWG-Accountability as it is being dealt with by the CWG-Stewardship.
>>
>> This creates an awkward situation on several levels:
>>
>> Can this action be reconciled with the Charters?  In other words, does
"implementation and operational accountability" for the "administration of
the IANA functions" include Board "decisions directly related to IANA
functions"?
>> If this is properly within the CWG's scope, can the CCWG change both
group's scope without amending the Charters?
>> Why does this say that the CCWG will proceed this way unless the CWG
objects, rather than seeking agreement from the CWG?
>>
>> IF the CWG agrees (or more accurately, fails to object), then the CCWG's
WS1 will include mechanisms for review and redress of Board decisions
directly related to IANA functions.  Does this mean that the CWG is ceding
its ability to create such mechanisms as part of its proposal, and that any
such accountability must await the CCWG's work?  Or does this mean that the
CWG will also create such mechanisms, which could be overlapping and
contradictory of the CCWG's mechanisms?  Or should the CWG object?
>>
>> How can this be reconciled with the Independent Appeals Panel proposed
by the CWG in its Draft Proposal?  Should this be limited to appeals of
IANA action/inaction and not address Board decisisons relating to IANA
action/inaction?  Is this a sensible dividing line?
>>
>> What is the proper way for the CWG and CCWG to address this?
Collaborate? Draw clearer lines of demarcation? Shift responsibilities away
from the model contemplated in the Charter?
>>
>> Very interesting.
>>
>> Greg Shatan
>>
>>
>>
>>
>>
>>
>> On Wed, Jan 7, 2015 at 6:13 AM, Matthew Shears <mshears at cdt.org> wrote:
>>>
>>> Thank Grace
>>>
>>> I am not sure what the intent of this sentence is:
>>>
>>> Unless the CWG-Stewardship specifies otherwise, decisions that are
directly related to IANA Functions shall be within the remit of such
mechanisms.
>>>
>>> Could we not delete the above and add the following on from the prior
sentence as follows (if it captures the intent of the above):
>>>
>>>  “The CCWG-Accountability is therefore considering addressing this need
in its Work Stream 1 (WS1) and will keep the CWG stewardship apprised of
any potential IANA-related implications.”
>>>
>>> Matthew
>>>
>>>
>>> On 1/7/2015 9:40 AM, Grace Abuhamad wrote:
>>>>
>>>> Hi all,
>>>>
>>>> Attached is the High Level Statement discussed on the call. The chairs
plan to submit at 15:00 UTC. Please provide your comments.
>>>>
>>>> Best,
>>>> Grace
>>>>
>>>> From: Brenda Brewer <brenda.brewer at icann.org>
>>>> Date: Tuesday, January 6, 2015 3:24 PM
>>>> To: Accountability Cross Community <
accountability-cross-community at icann.org>
>>>> Subject: [CCWG-Accountability] CCWG ACCT call details 06 Jan 12:00 UTC
>>>>
>>>> Dear all,
>>>>
>>>>
>>>>
>>>> The notes and Adobe Connect recordings and transcript (soon) for the
CCWG ACCT Call on 06 January are available here:
https://community.icann.org/pages/viewpage.action?pageId=51414985
>>>>
>>>>
>>>>
>>>> ·       Action Item: Co-Chairs
will recap WS1 and WS2 items on mailing list and review for approval
at next meeting
>>>>
>>>> ·
Action Item: Colleagues to provide comments on the list in response to
the document.  Proposed edits are welcome.  Goal to develop a common
view on
>>>>
>>>>
scoping.  Will be an agenda item for the next call and the Frankfurt
meeting.  Public interest issues, ccTLD concerns and other issues to
be identified.
>>>>
>>>> ·
Action Item: The statement will be published on the CCWG list for
further comment.
>>>>
>>>>
>>>>
>>>> The next call is on Tuesday, 13 January 2015 at 06:00 UTC.
>>>>
>>>>
>>>>
>>>> Best,
>>>>
>>>> Brenda
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>>
>>> --
>>> Matthew Shears
>>> Director - Global Internet Policy and Human Rights
>>> Center for Democracy & Technology (CDT)
>>> mshears at cdt.org
>>> + 44 771 247 2987
>>>
>>>
>>> _______________________________________________
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>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>
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