[CCWG-ACCT] Notes-Recordings-Transcript links for CCWG ACCT Session #15 03 March
Brenda Brewer
brenda.brewer at icann.org
Tue Mar 3 15:12:18 UTC 2015
Dear all,
The notes, recordings and transcripts for the CCWG ACCT Session #15 call on 03 March will be
available here: https://community.icann.org/pages/viewpage.action?pageId=52889640
Action Items
Action (co-chair) Can the advisors provide advice on international law and also corporate governance
related to removal
Action to discuss on regular calls with the CWG co-chairs.
Action: Co-chairs to prepare the next meeting, agenda to include the structure of the report and of
the F2F meeting.
Action: Staff to provide a skeleton for the report.
Notes
CCWG - Call # 15 - 3 March 2015
This call is being recorded.
Chat sessions are being archived and follow the ICANN Expected Standards of Behavior:
http://www.icann.org/en/news/in-focus/accountability/expected-standards
1. Welcome, roll-call & SOI
Becky Burr and Barrack Otieno call only
2. Activity reports
WP2
* followed the triggered and un-triggered format, and this demarkation broadly work On 2
calls and coordination with Jordan WP1, moved work on ICANN limited scope to WP2.
* Tasks between there 2 groups compared and allocated.
* Document transparency, all are part of WP1
* WP2 includes modifications, enhancements, review of exist triggered mechanisms.
* These include Ombudsman, reconsideration independent review and suggestions from the
community related to these.
* Plus covers the compact with the community and statement of ICANN's mission and standards
to carrot mission, as discussed in Singapore.
* Holding weekly meetings, planning sub-group calls, and possibly a meeting on Sunday
afternoon in Istanbul to prepare for the week..
* WP2 will enhance existing mechanisms, ensure that the Board can be held to its bylaws,
prevent mission creep etc.
* Question: When do we ask for reconsideration, what do we mean by redress, and need to agree
on a definition of "community".
* Definitions will be in the final report, build on initial discussions in Frankfurt
* There are attempts to define "community" in the scoping document: communities are being
discussed in respect at standing, and other with decisions making power.
* WP2 proposing 5 new sub-groups. Work of the groups will be on the WIKI, and referred to in
transcripts and notes of WP2 calls
* Light-weight structures might be preferred.
WP1
* Weekly meetings. Discussions about, removal of directors and defining GAC consensus.
Draft templates available for most, where not they are topics transferred to WP2 or in progress.
* Looking at mechanisms that make these powers work: issue of statutory members, members,
supervisory board etc are the right way to make the powers work being discussed.
* Example: removal of directors (note yet discussed by the working group)
* Any number or all Directors might be removed.
* Assumption controlling is whatever is recommended in terms of CCWG
* A new mechanism
* The effect of a director being removed.
* Standard of the decision, objective standards are often not specified. Suggestion should
follow same standards as the ICANN Board currently has to remove a Director.
* Do not expect resolution before F2F
* Contributes to all accountability dimensions, makes the Director more aware of all
accountability mechanisms and contingencies.
* A director appointed by a particular community, should that electing entity be the only one
able to remove the director? Or removal by others with the support or no objection by that SO/AC
* NomCom appointed directors, may require a modifies process
Action (co-chair): Can the advisors provide advice on international law and also corporate
governance related to removal
* What infringement might trigger the process? That this is a measure of last resort
* With each power there will be different triggers. Suggest powers should be attached to
existing mechanisms, or one shared new group.
* Initial proposal was to spill the entire board. Extreme and very difficult to trigger.
Threat of use, presence enough Now making a simple concept complex, picking off single directors,
objective standards of the
community rather than super-majority.
* WP1 will distinguish between pilling the board and powers if the individual SO/AC. Need to
have graduated scale, or risk the only option is to escalate to the higher standard.
* Notion of the "big stick" for WS1 topics. Recall of whole board is that big stick. removal
of individual directors left as WS2.
* GAC advice and how the bylaws require the Board to consider this advice.
* GAC set out its own operating principles., is able to lower or raise the threshold for
advice.
* Suggestion of the current wording of GAC principles about consensus advice, that it is that
consensus advice that triggers this reconciliation by the Board. If the GAC then changes its
standard of advice,
how that advice is considered by the board is a matter for the community. Codifies the status quo in
the ICANN bylaws.
Stress Test WP
* Stress test 1 and 2, combined.
* Note: intention to apply a test against a package of proposed accountability measures, so
premature to apply, but is proving useful to apply to these drafts.
* 1 and 2: IANA root zone change authority/delegation authority fails to function. Need to
engage with the CWG.
Action: to discuss on regular calls with the CWG co-chairs.
* Test 24. Mission creep, CEO expands or extends ICANN's mission, lacking community consensus
* Loss of confidence is ICANN and ability to perform technical functions.
* Loss of confidence is ICANN and ability to perform technical functions. If in strategic
plan or budget then community non-binding comment, and CA AG has authority if an organization acts
outside its mission. What powers doe the CA AG have?
* \Under a majority or supermajority, the community might block the budget. Mid-year, if the
the community power to veto a Board decision. Or triggering an independent review, but to what
standard. Collectively the proposed mechanisms seem adequate.
* Is the golden bylaw is addressed by WP2 in mission and standards
* Test 15. ICANN terminates its legal presence in a nation in response to litigation.
* community standing to veto a board decision could prevent the board on moving. AoC in the
bylaws would mean ICANN is subject to legal action by another party. Seems adequate protection
against the contingency
Legal Subteam
* Legal scoping document, working through a number of drafts. Expect to narrow the issues
and questions down by the end of the week.
* Particularly aware of issues of interest to the ccTLD community
* External law firm, prep calls with a short list of firms, two more interviews this week
* Anti-trust issues will be considered in the scoping document.
* Jurisdiction: expect further discussion with Advisors
Timeline
* Working towards f2f in Istanbul and readiness of the draft for public comment on April 6.
* What is the structure of the F2F Istanbul, so we can play the work of the subgroups.
Action: Co-chairs to prepare the next meeting, agenda to include the structure of the report and of
the F2F meeting.
Action: Staff to provide a skeleton for the report..
Documents Presented
WP1 Drafts - http://tinyurl.com/puvneyq
WP2 Drafts - http://tinyurl.com/p9yemfx
ST-WP Drafts - http://tinyurl.com/mye8o3e
Legal Subt Drafts - http://tinyurl.com/kajxlc4
Timeline - http://tinyurl.com/kd2u3b7
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