[CCWG-ACCT] A path to Dublin and beyond

Avri Doria avri at acm.org
Mon Oct 5 03:30:18 UTC 2015


Hi,

While people are deciding the SD model sufficient to meet our
requirements, I question whether the inability of that model with regard
to direct shared decisions on implementation of a separation process is
not a serious enough flaw to make the model unacceptable.  In the CM
model, the community shares the power to decide on approval of a
separation recommendation, in the SD model, the community needs to rely
on indirect methods like Board approval, appeals, court proceedings and
replacing the Board.

avri


On 04-Oct-15 18:21, Jonathan Zuck wrote:
> Great note Jordan and expansion of the Zuck proposal Steve. ;) 
> Seriously though, we need to get people past being concerned about
> future reforms, be they structural or not. We don't need to represent
> Sole Designator as less than effective, merely sufficient to empower
> the community to make further reform in a dynamic and geographically
> expanding environment. That has always been our objective for WS1,
> pre-transition.
> Jonathan
> ------------------------------------------------------------------------
> From: Jordan Carter <mailto:jordan at internetnz.net.nz>
> Sent: ‎10/‎4/‎2015 6:02 PM
> Cc: Accountability Cross Community
> <mailto:accountability-cross-community at icann.org>
> Subject: Re: [CCWG-ACCT] A path to Dublin and beyond
>
> Thanks Steve, this is quite a good prospectus and is similar to where
> my own thinking has been going.
>
> I have one concern and a suggestion to mitigate it.
>
> If I was a decision-maker on this proposal - either the ICANN Board,
> NTIA or indeed the Congress itself, or even an ICANN SO or AC - I
> would be very uncomfortable at anything which suggested "we will
> reevaluate the model after the transition, because we aren't sure this
> is a durable accountability settlement". 
>
> The signal of uncertainty and of future work that this sends is
> problematic.
>
> If membership is the straw that breaks the camel's back, my preference
> would instead be the bones of a settlement like this:
>
> - the community powers are put into the bylaws (Steve's list below
> 1-5) - and for me, I am happy with modifying the Budget powers in a
> range of ways to be agreed to further reduce the already minimal
> disruption the CCWG's approach would create (the Board's proposal is
> helpful in doing this). 
> - the IRP approach largely as the CCWG has set out (Steve's list below 6)
> - a Designator foundation that renders the board removal powers
> completely enforceable
> - probably the Sole Designator model, operating by SO/AC consensus for
> NomCom director removal and the rest of the powers, and appointing SOs
> and ACs for their appointed Directors
>
>
> Taking this approach mitigates the "future governance change" concern
> which I think is a real one, and ensures that a key instrument of
> redress is enforceable.
>
> It is clearly not as powerful a set of tools as the membership model,
> which on an objective basis remains my preference. 
>
> That said: I take the concerns about "changing the engine in flight"
> seriously. I think that the comments about the scale of the change
> created by membership are wrong and misleading, but some of the
> participants in this process hold them sincerely and seem unlikely to
> accept analysis that contradicts their entrenched views.
>
> So in terms of our *requirements*, which are meant to be guiding our
> work, I personally am prepared to step back to indirect enforceability
> of some of the powers by means of membership, back to designator. The
> additional enforceability of membership on the budget power, if it is
> going to prevent consensus, should not be something to die in a ditch
> over. 
>
> We can get almost all the way there. CMSM and MEM would both be
> redundant and off the table. Multistakeholder consensus building at
> work....?
>
> A last thought: I have never placed much importance on the "other
> statutory powers" a membership would allow. I know others have.
> Certainly on transparency and disclosure, it's clear to me just by
> watching and participating in our CCWG process that there are hidden
> depths that need badly to be exposed to sunlight - and that's a piece
> of work that needs to be pushed along promptly next year.  I know
> others have a different view though, eloquently expressed by Ed among
> others. So this needs more discussion.
>
>
> I don't present my thinking above as a definitive compromise, but I
> hope that it helps to demonstrate that like others, I have been
> listening to discussion, and recognise a need for me and all of us to
> get out of the competitive "my way or the highway" tone that has
> emerged in the past few weeks. 
>
> So long as others show the same willingness to move, we should be able
> to get into a more collaborative work method, which is what the
> community deserves from all of us.
>
>
> all best,
> Jordan
>
> On 4 October 2015 at 09:33, Steve DelBianco <sdelbianco at netchoice.org
> <mailto:sdelbianco at netchoice.org>> wrote:
>
>     Here are my own thoughts on a path to Dublin and beyond. 
>
>     I was thinking about Jonathan Zuck’s suggestion (link
>     <http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005764.html>)
>     that a change to Membership model could be done in Work Stream 2 —
>     if we create lasting leverage for community to enact a change
>     despite board resistance. 
>
>     Then I read Bruce Tonkin's recent post (link
>     <http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006098.html>)
>     describing why our present AC/SO participation falls short of
>     representing the global M-S community, and suggesting this is why
>     the board might not approve a move to Membership at this time. 
>
>     Their posts, along with responses on list, suggest a way we can
>     deliver by Dublin on enforceable accountability enhancements,
>     thereby giving us powers to impose reforms to the AC/SO model
>     after the IANA transition. 
>
>     Consider this:
>
>     Let’s use the leverage of the IANA transition to get bylaws
>     changes give the current AC/SO community the powers we require,
>     with adequate enforceability.   Plus, we ensure those powers are
>     enough to force a future change to ICANN governance structure
>     and/or Membership, if the community comes to consensus around what
>     that new ICANN governance structure look like. 
>
>     That would mean we focus CCWG on finishing details and bylaws
>     language for these enforceable powers exercised by supermajority
>     of ACs and SOs:
>
>     1. Power to block a proposed Operating Plan/Strat Plan/Budget
>     2. Power to approve changes to Fundamental Bylaws and Articles of
>     Incorporation
>     3. Power to block changes to regular bylaws.
>     4. Power to appoint and remove individual board directors
>     5. Power to recall the entire board of directors
>     6. Mechanism for binding IRP where a panel decision is enforceable
>     in any court recognizing international arbitration results — even
>     if ICANN’s board refused to participate in the binding
>     arbitration.  (assuming CCWG lawyers verify this works without
>     activating a Membership model)
>
>     I think we are close enough to get consensus around the above
>     powers before we leave Dublin.   And based on what we’ve heard
>     recently, the board will support the powers described above. 
>
>     But there’s one more we have to add before losing the leverage of
>     this IANA transition:
>
>     Let’s put into ICANN bylaws a method where the community can show
>     consensus to undertake a review of ICANN's governance structure,
>     either because the powers above aren’t working, or just because
>     the community overwhelmingly wants to review governance.   The
>     goal of the Governance Review is to recommend a new governance
>     model that might even include moving to Membership.  To Bruce’s
>     point, any proposal emerging from this Governance Review would
>     include assurances that ACs and SOs are representative of global
>     internet users and protected from capture. 
>
>     This same bylaw could describe a process for board acceptance of a
>     consensus proposal emerging from the Governance Review:  it would
>     take 2/3 board majority to object to the proposal on the grounds
>     that it is not in the global public interest, triggering a
>     board-community consultation.  After consultation, a new community
>     proposal would take 3/4 board majority to object.   If the board
>     objected a second time, we would have the power to recall that
>     entire board, or to pursue binding arbitration. 
>
>     Again, these are my personal thoughts about a way forward that is
>     based on what others have said recently.   
>
>     —Steve DelBianco
>
>
>      
>
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>
>
>
> -- 
> Jordan Carter
>
> Chief Executive 
> *InternetNZ*
>
> +64-4-495-2118 (office) | +64-21-442-649 (mob)
> Email: jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz> 
> Skype: jordancarter
> Web: www.internetnz.nz <http://www.internetnz.nz> 
>
> /A better world through a better Internet /
>
>
>
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