[CCWG-ACCT] Stress Test 18: bylaw amendment suggestion

Mon Nov 9 18:09:21 UTC 2015

All - do we need a WP1 call to discuss this? We could squeeze one in and
have it ready for debate at CCWG on Friday?

Jordan

On 10 November 2015 at 03:48, Steve DelBianco <sdelbianco at netchoice.org>
wrote:

> Thank-you Pedro for picking-up this discussion after Dublin.
>
> Speaking only for myself, I am optimistic that CCWG might agree to apply
> the same condition for advice from *all* Advisory Committees.  What about
> a general Advisory Committee amendment along these lines, without
> singling-out the GAC?
>
> For any Advisory Committee where the Board is required to seek a mutually
> acceptable solution if the Board does not follow that Committee’s advice,
> the Board should not be required to arbitrate among divergent views within
> that Committee.  Therefore, the Board shall have no obligation to seek a
> mutually acceptable solution for Advisory Committee advice that was not
> supported by consensus among Committee members.
>
>
> Second, regarding your additional request to require more than 2/3
> majority vote for the board to reject GAC advice.   That has not been
> discussed in the CCWG, and would be regarded as a bid to enhance the weight
> of GAC’s advice.
>
> I believe that a new +2/3 rule would have to be balanced — by a
> requirement that any such GAC advice was adopted in the absence of any
> formal objection.  As you know, this is the GAC’s present rule for
> decision-making, so this does not impose any change on the GAC.
>
> Finally, we’re interested to know the GAC’s reaction to the rationale we
> provided for Stress Test 18 in Dublin.   I’ve attached revised text for ST
> 18 that reflects the updated rationale, as approved by Stress Test working
> party (before Dublin)  This text makes no mention of government ‘capture’
> and removes the offending language (with my apologies, once again).
>
> Am looking forward to seeing you at IGF and welcome additional exchanges
> of ideas there.
>
> Best regards,
> Steve
>
>
> From: <accountability-cross-community-bounces at icann.org> on behalf of
> Pedro Ivo Ferraz da Silva <pedro.ivo at itamaraty.gov.br>
> Date: Monday, November 9, 2015 at 11:28 AM
> To: "accountability-cross-community at icann.org" <
> accountability-cross-community at icann.org>
> Subject: [CCWG-ACCT] Stress Test 18: bylaw amendment suggestion
>
> Dear CCWG colleagues,
>
> As you are aware, in Dublin the GAC has provided a consensus input with
> regards to the bylaw amendments derived from ST18. The GAC input was the
> following:
>
> "*The discussions on Stress Test 18 have helped the GAC to have a better
> understanding of the different views on the issue. In assessing the
> different rationales presented so far related to Stress Test 18, the GAC
> considered: *
>
>    -
>
>    *The need that each and every Advisory Committee ensures that the
>    advice provided is clear and reflects the consensus view of the Committee; *
>    -
>
>    *The need that each and every Advisory Committee should preserve its
>    own autonomy in its definition of consensus; *
>    -
>
>    *The value the Board attributes to receiving consensus advice; *
>    -
>
>    *The recommendation of the BGRI WG, as reiterated by the ATRT2, to set
>    the threshold *
>
>    *for the ICANN Board to reject GAC advice to a 2/3 majority voting,
>    consistent with the threshold established for rejection of ccNSO and GNSO
>    PDP recommendations.*
>
> *In view of the above, having considered concerns expressed by various
> parties, the GAC agreed to further work on the issue of Stress Test 18, and
> to submit any further input to the CCWG taking into account the timelines
> of the CCWG. GAC Members will continue to work within the CCWG to finalise
> the proposal for enhancing ICANN accountability.*"
>
> With the aim of addressing the input given by the GAC in its ICANN 54
> communiqué and the original concerns expressed by the ST18 proponents, I present
> for your consideration the following alternative amendments (*underlined*)
> in ICANN bylaws.
>
> *ARTICLE XI: ADVISORY COMMITTEES*
> *Section 1. GENERAL*
> *“The Board may create one or more Advisory Committees in addition to
> those set forth in this Article. Advisory Committee membership may consist
> of Directors only, Directors and non-directors, or non-directors only, and
> may also include non-voting or alternate members. Advisory Committees shall
> have no legal authority to act for ICANN, but shall report their findings
> and recommendations to the Board.*
> *Where the ICANN Board is obliged to pay due deference to advice from
> Advisory Committees and where that advice, if not followed, requires
> finding mutually agreed solutions for implementation of that advice, the
> Advisory Committee will make every effort to ensure that the advice
> provided is clear and reflects the consensus view of the committee. In this
> context, each Advisory Committee has the right to determine its particular
> definition of consensus.**” *
>
> *ARTICLE XI: ADVISORY COMMITTEES*
> *Section 2. SPECIFIC ADVISORY COMMITTEES*
> *Item 1.j*
> *“The advice of the Governmental Advisory Committee on public policy
> matters shall be duly taken into account, both in the formulation and
> adoption of policies. In the event that the ICANN Board determines to take
> an action that is not consistent with the Governmental Advisory Committee
> advice, it shall so inform the Committee and state the reasons why it
> decided not to follow that advice. **Any GAC Advice approved by a GAC
> consensus may only be rejected by a vote of more than two-thirds (2/3) of
> the Board.* *The Governmental Advisory Committee and the ICANN Board will
> then try, in good faith and in a timely and efficient manner, to find a
> mutually acceptable solution.”*
>
> Kind regards,
>
> Pedro Ivo Ferraz da Silva
> Divisão da Sociedade da Informação
> Ministério das Relações Exteriores
> T: +55 61 2030-6609
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>
>

-- 
Jordan Carter

Chief Executive
*InternetNZ*

+64-4-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
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