[CCWG-ACCT] Aresteh proposal to resolve Recommendation 1 and 11 issues

James M. Bladel jbladel at godaddy.com
Fri Feb 5 16:21:03 UTC 2016


Agree, seems very clear, and it is an important element to address
remaining concerns associated with raising the rejection threshold to 60%.


Thanks—

J.


On 2/5/16, 10:18 , "accountability-cross-community-bounces at icann.org on
behalf of Drazek, Keith" <accountability-cross-community-bounces at icann.org
on behalf of kdrazek at verisign.com> wrote:

>This is clear to me.
>
>Regards,
>Keith
>
>-----Original Message-----
>From: accountability-cross-community-bounces at icann.org
>[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
>Burr, Becky
>Sent: Friday, February 05, 2016 11:13 AM
>To: Jorge.Cancio at bakom.admin.ch
>Cc: accountability-cross-community at icann.org; thomas at rickert.net
>Subject: Re: [CCWG-ACCT] Aresteh proposal to resolve Recommendation 1 and
>11 issues
>Importance: High
>
>NO!  The GAC’s role would be limited only where the exercise of community
>power is challenging the Board’s implementation of GAC Advice!  That
>leaves PLENTY of room for GAC participation - as a decision maker - in
>matters that have public policy implications.
>
>
>
>
>J. Beckwith Burr
>Neustar, Inc. / Deputy
>General Counsel & Chief Privacy Officer
>1775 Pennsylvania Avenue NW, Washington D.C. 20006
>Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
><http://www.neustar.biz>
>
>
>
>
>On 2/5/16, 11:09 AM, "Jorge.Cancio at bakom.admin.ch"
><Jorge.Cancio at bakom.admin.ch> wrote:
>
>>Dear Becky 
>>
>>it seems that then we could not agree, as your proposal would exclude the
>>GAC from the community mechanism in any issue which may be relevant to
>>the GAC.
>>
>>This is clearly contrary to the equal footing participation of all SO/AC
>>we have agreed a long time ago.
>>
>>best
>>
>>Jorge
>>
>>Von meinem iPhone gesendet
>>
>>> Am 05.02.2016 um 17:05 schrieb Burr, Becky <Becky.Burr at neustar.biz>:
>>> 
>>> That does not limit the preceding more general statement of principle
>>>that
>>> says the GAC cannot act in a decision-making role with respect to an
>>> exercise of community power designed to challenge the Board’s
>>>implement.
>>> 
>>> 
>>> 
>>> 
>>> J. Beckwith Burr
>>> Neustar, Inc. / Deputy
>>> General Counsel & Chief Privacy Officer
>>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>>> Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
>>> <http://www.neustar.biz>
>>> 
>>> 
>>> 
>>> 
>>> On 2/5/16, 11:03 AM, "Jorge.Cancio at bakom.admin.ch"
>>> <Jorge.Cancio at bakom.admin.ch> wrote:
>>> 
>>>> What about your following sentence:?
>>>> 
>>>> In other words, the GAC  would not be counted in the “no more than two
>>>> SO/ACs objecting” threshold to a community IRP challenge to the
>>>>Board’s
>>>> implementation of GAC Advice alleged to exceed the scope of ICANN’s
>>>> Mission.
>>>> 
>>>> seems clear that it refers the carve-out to the community IRP
>>>> 
>>>> best
>>>> 
>>>> Jorge
>>>> 
>>>> Von meinem iPhone gesendet
>>>> 
>>>> Am 05.02.2016 um 16:54 schrieb Burr, Becky
>>>> <Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>>:
>>>> 
>>>> Sorry guys - I did not change my proposal - which has always been that
>>>>the
>>>> "GAC cannot act in a decision-making role with respect to an exercise
>>>>of
>>>> community power designed to challenge the Board¹s implementation of
>>>>GAC
>>>> Advice.²  That is clearly stated in the note Jorge copied below.  I
>>>>see no
>>>> principled basis for further restricting my proposed compromise to
>>>>limit
>>>> this to the IRP.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> J. Beckwith Burr
>>>> Neustar, Inc. / Deputy
>>>> General Counsel & Chief Privacy Officer
>>>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>>>> Office: +1.202.533.2932  Mobile: +1.202.352.6367 /
>>>> neustar.biz<http://neustar.biz>
>>>> <http://www.neustar.biz>
>>>> 
>>>> 
>>>> 
>>>> 
>>>> On 2/5/16, 10:18 AM, "Olga Cavalli"
>>>> <olgacavalli at gmail.com<mailto:olgacavalli at gmail.com>> wrote:
>>>> 
>>>> Brett
>>>> there was no vote on the call yesteday
>>>> best
>>>> Olga
>>>> 
>>>> El 5 feb 2016, a las 11:43 a.m., Schaefer, Brett
>>>> <Brett.Schaefer at heritage.org<mailto:Brett.Schaefer at heritage.org>>
>>>> escribió:
>>>> 
>>>> Kavouss,
>>>> 
>>>> Becky responded to this yesterday:
>>>> 
>>>> Julia ­ I inadvertently narrowed the proposal that was on the table
>>>> when I typed this up.  My proposal from the beginning related to Board
>>>> action on GAC Advice.  I will resend my original email demonstrating
>>>> this.
>>>> 
>>>> I expect she will follow up soon.
>>>> 
>>>> Speaking for myself, I do not support language the restricts the GAC
>>>> carve out to IRP.
>>>> 
>>>> I am willing to support the compromise, including the 60 percent, but
>>>> it has to be as a package including the most recent version of Becky's
>>>> text which we discussed and "voted" on in the call yesterday.
>>>> 
>>>> If we are opening the package back up, I doubt we would resolve this
>>>>by
>>>> Tuesday or the next Tuesday or the one after that. We have arrived at
>>>>a
>>>> tentative agreement, I suggest we not abandon it.
>>>> 
>>>> Best,
>>>> 
>>>> Brett
>>>> 
>>>> 
>>>> 
>>>> On Feb 5, 2016, at 3:41 AM, Kavouss Arasteh
>>>> 
>>>><kavouss.arasteh at gmail.com<mailto:kavouss.arasteh at gmail.com><mailto:kav
>>>>o
>>>>us
>>>> s.arasteh at gmail.com>> wrote:
>>>> 
>>>> Dear Beckie
>>>> As I mentioned in my earlier message, my GAC colleagues have serious
>>>> concerns about your revised text as currently contained in the
>>>>Package,
>>>> Jorge has kindly picked up your initial proposal and send it to us
>>>> May I request you to kindly replace your current text with your
>>>>initial
>>>> one as reproduced by Jorge and PUT A REVISED TEXT for the package on
>>>>the
>>>> mailing list for our Monday discussion.
>>>> As far as I understand, at least those GAC members spoken could be
>>>>more
>>>> comfortable to your initial text due to the fact the yr revised text
>>>> went much beyond your the objectives of your initial text the concept
>>>>if
>>>> which if combined with 60% was acceptable to many people.
>>>> Awaiting your action , I remain
>>>> Regards
>>>> Kavousd
>>>> 
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>> On 5 Feb 2016, at 12:10,
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>>
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>> wrote:
>>>> 
>>>> Dear Kavouss, Julia and Becky
>>>> 
>>>> This is the original proposal by Becky we were referring to
>>>>(highlights
>>>> are mine, but text is unchanged):
>>>> 
>>>> ==
>>>> 
>>>> Von:
>>>> 
>>>>accountability-cross-community-bounces at icann.org<mailto:accountability-
>>>>c
>>>>ro
>>>> ss-community-bounces at icann.org><mailto:accountability-cr
>>>> 
>>>>oss-community-bounces at icann.org<mailto:oss-community-bounces at icann.org>
>>>>>
>>>> [mailto:accountability-cross-community-bounces at icann.org] Im Auftrag
>>>>von
>>>> Burr, Becky
>>>> Gesendet: Freitag, 29. Januar 2016 21:05
>>>> An: Greg Shatan
>>>> 
>>>><gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com><mailto:gregsha
>>>>t
>>>>an
>>>> ipc at gmail.com>>; Mueller,
>>>> Milton L 
>>>> 
>>>><milton at gatech.edu<mailto:milton at gatech.edu><mailto:milton at gatech.edu>>
>>>> Cc:
>>>> 
>>>>accountability-cross-community at icann.org<mailto:accountability-cross-co
>>>>m
>>>>mu
>>>> nity at icann.org><mailto:accountability-cross-comm
>>>> unity at icann.org<mailto:unity at icann.org>>
>>>> Betreff: Re: [CCWG-ACCT] Recommendation 11, 2/3 board threshold, GAC
>>>> consensus, and finishing
>>>> 
>>>> I have a proposal for discussion.
>>>> 
>>>> Start from the premise that ICANN may implement GAC Advice only
>>>> consistent with the Bylaws, including the Mission.  What if we accept
>>>> the 2/3rd rejection language but also provide that the GAC cannot act
>>>>in
>>>> a decision-making role with respect to an exercise of community power
>>>> designed to challenge the Board¹s implementation of GAC Advice.  In
>>>> other words, the GAC  would not be counted in the ³no more than two
>>>> SO/ACs objecting² threshold to a community IRP challenge to the
>>>>Board¹s
>>>> implementation of GAC Advice alleged to exceed the scope of ICANN¹s
>>>> Mission.
>>>> 
>>>> I think this addresses the two bites at the apple problem we might
>>>> otherwise have, and provides a safety valve to counter balance the
>>>> 2/3rds rejection threshold.
>>>> 
>>>> Just a thought -
>>>> 
>>>> ===
>>>> 
>>>> Regards
>>>> 
>>>> Jorge
>>>> 
>>>> 
>>>> ________________________________
>>>> Brett Schaefer
>>>> Jay Kingham Senior Research Fellow in International Regulatory Affairs
>>>> Margaret Thatcher Center for Freedom Davis Institute for National
>>>> Security and Foreign Policy
>>>> The Heritage Foundation
>>>> 214 Massachusetts Avenue, NE
>>>> Washington, DC 20002
>>>> 202-608-6097
>>>> 
>>>> 
>>>>heritage.org<https://urldefense.proofpoint.com/v2/url?u=http-3A__herita
>>>>g
>>>>e.
>>>> 
>>>>org&d=CwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYa
>>>>h
>>>>OP
>>>> 
>>>>8WDDkMr4k&m=rc7WXJ6fJycCYK5GlXwxdCMQmeKyfvfgKztN_5hTNBQ&s=FDOmkRL9aMpNQ
>>>>p
>>>>U6
>>>> GLyFoxSd_SrpW5QS_fiz3xNHU-E&e=
>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__heritage
>>>> 
>>>>.org_&d=CwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxd
>>>>Y
>>>>a
>>>> 
>>>>hOP8WDDkMr4k&m=dpr1wb6efk7-2HozbeOZXYoAVUioSUB1PWwWVyBult8&s=08yolhJ2mG
>>>>N
>>>>u
>>>> 8PN0GVUckj832KfhW8hnHwzonGIi4pw&e= >
>>>> Von: Kavouss Arasteh [mailto:kavouss.arasteh at gmail.com]
>>>> Gesendet: Freitag, 5. Februar 2016 11:41
>>>> An: Cancio Jorge BAKOM
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>>
>>>> Cc: <jukacz at erst.dk<mailto:jukacz at erst.dk><mailto:jukacz at erst.dk>>
>>>> <jukacz at erst.dk<mailto:jukacz at erst.dk><mailto:jukacz at erst.dk>>;
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>; Becky Burr
>>>> 
>>>><Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz><mailto:Becky.Bur
>>>>r
>>>>@n
>>>> eustar.biz>>; Thomas Rickert
>>>> 
>>>><thomas at rickert.net<mailto:thomas at rickert.net><mailto:thomas at rickert.ne
>>>>t
>>>>>>
>>>> ; Mathieu Weill
>>>> 
>>>><Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr><mailto:Mathieu.W
>>>>e
>>>>il
>>>> l at afnic.fr>>; León Felipe
>>>> Sánchez Ambía 
>>>> 
>>>><leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx><mailto:leonfelipe@
>>>>s
>>>>an
>>>> chez.mx>>;
>>>> Schneider Thomas BAKOM
>>>> 
>>>><Thomas.Schneider at bakom.admin.ch<mailto:Thomas.Schneider at bakom.admin.ch
>>>>>
>>>><m
>>>> ailto:Thomas.Schneider at bakom.admin.ch>>
>>>> Betreff: Re: AW: [CCWG-ACCT] Aresteh proposal to resolve
>>>>Recommendation
>>>> 1 and 11 issues
>>>> 
>>>> Dear Beckie,
>>>> Pls note several concerns and questions raised by some GAC member
>>>> requesting to replace your text in the "package" with your initial
>>>>Text
>>>> . This may help GAC colleagues to favourably review the"page deal" if
>>>> includes your original text.
>>>> Regards
>>>> Kavouss
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>> On 5 Feb 2016, at 11:26,
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>>
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>> wrote:
>>>> Dear Kavouss
>>>> 
>>>> In fact, that (constraining the carve-out to the exercise of community
>>>> IRP) would be a very sensible starting point and would avoid many
>>>> concerns which are being raised (at least) in my national
>>>>consultations.
>>>> 
>>>> Regards
>>>> 
>>>> Jorge
>>>> 
>>>> Von: Kavouss Arasteh [mailto:kavouss.arasteh at gmail.com]
>>>> Gesendet: Freitag, 5. Februar 2016 11:25
>>>> An: Cancio Jorge BAKOM
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>>
>>>> Cc: <jukacz at erst.dk<mailto:jukacz at erst.dk><mailto:jukacz at erst.dk>>
>>>> <jukacz at erst.dk<mailto:jukacz at erst.dk><mailto:jukacz at erst.dk>>;
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>
>>>> Betreff: Re: [CCWG-ACCT] Aresteh proposal to resolve Recommendation 1
>>>> and 11 issues
>>>> 
>>>> Dear All,
>>>> Why Not taking initial Beckie,s
>>>> Proposal , as I mentioned in the call and do not  get into other
>>>> questions resulted from het revised text.
>>>> Julia realised this and raised it before our devoted call
>>>> Regards
>>>> Kavousd
>>>> 
>>>> Sent from my iPhone
>>>> 
>>>> On 5 Feb 2016, at 10:58,
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>>
>>>> 
>>>><Jorge.Cancio at bakom.admin.ch<mailto:Jorge.Cancio at bakom.admin.ch><mailto
>>>>:
>>>>Jo
>>>> rge.Cancio at bakom.admin.ch>> wrote:
>>>> Dear all
>>>> 
>>>> I agree that Julia raises a very significant point here, which
>>>>probably
>>>> did not get enough attention due to the other discussions we were
>>>>having
>>>> yesterday.
>>>> 
>>>> A carve-out that excludes the GAC from the exercise of any community
>>>> decisions related to Board implementation seems overbroad and mean a
>>>> complete exclusion of the GAC from any community decisions which are
>>>> relevant to it.
>>>> 
>>>> This change in Becky¹s initial proposal (where the carve-out was
>>>> directly linked to the community IRP) is very significant.
>>>> 
>>>> Regards
>>>> 
>>>> Jorge
>>>> 
>>>> Von:
>>>> 
>>>>accountability-cross-community-bounces at icann.org<mailto:accountability-
>>>>c
>>>>ro
>>>> ss-community-bounces at icann.org><mailto:accountability-cr
>>>> 
>>>>oss-community-bounces at icann.org<mailto:oss-community-bounces at icann.org>
>>>>>
>>>> [mailto:accountability-cross-community-bounces at icann.org] Im Auftrag
>>>>von
>>>> Julia Katja Wolman
>>>> Gesendet: Donnerstag, 4. Februar 2016 10:34
>>>> An: 'CCWG Accountability'
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>
>>>> Betreff: Re: [CCWG-ACCT] Aresteh proposal to resolve Recommendation 1
>>>> and 11 issues
>>>> 
>>>> Dear Co-Chairs, Kavouss, Becky, all
>>>> 
>>>> Thank you for putting together the different pieces of text in order
>>>>to
>>>> develop a compromise. It is our understanding that the proposed text
>>>> for modification of rec 1 was the one proposed by Becky (email of 2
>>>> February) and is the text, which has been the focus of our discussion:
>>>> 
>>>> ³
>>>> Burr Proposal:
>>>> 
>>>> 
>>>> ?         Modify Rec #1/Annex 1:  Add the following to the end of
>>>> Paragraph 23.
>>>> 
>>>> 
>>>> 
>>>> The GAC may not, however, participate as a decision maker in the
>>>> Empowered Community¹s consideration of the exercise a community power
>>>> for the purpose of challenging or blocking the Board¹s implementation
>>>>of
>>>> GAC Advice in a manner alleged to violate the Bylaws. In such cases,
>>>>the
>>>> GAC remains free to participate in community deliberations in an
>>>> advisory capacity, but its views will not count towards or against
>>>> otherwise agreed thresholds needed to initiate a conference call,
>>>> convene a Community Forum, or exercise a specific Community Power.
>>>>This
>>>> carve out preserves the ICANN Board¹s unique obligation to work with
>>>>the
>>>> GAC try to find a mutually acceptable solution to implementation of
>>>>GAC
>>>> Advice supported by consensus (as defined in Rec. #11) while
>>>>protecting
>>>> the community¹s power to challenge Board decisions that would cause
>>>> ICANN to violate its Bylaws.²
>>>> 
>>>> However, the latest text proposal in the email below uses the text
>>>> suggested by Brett  (email of 2 February). Our understanding is that
>>>>the
>>>> above initial text from Becky refers to a Board decision based on GAC
>>>> advice, which would violate ICANN¹s Bylaws and that it refers to the
>>>> community IRP to challenge such a Board decision based on GAC advice.
>>>>As
>>>> such, Becky¹s initial text proposal (above) should be the text to be
>>>> considered at today¹s call.
>>>> 
>>>> Best regards,
>>>> 
>>>> 
>>>> Finn and Julia
>>>> 
>>>> 
>>>> 
>>>> Julia Katja Wolman
>>>> 
>>>> DANISH BUSINESS AUTHORITY
>>>> 
>>>> Dahlerups Pakhus
>>>> Langelinie Allé 17
>>>> DK-2100 København Ø
>>>> Telephone: +45 3529 1000
>>>> Direct: +45 35291308
>>>> E-mail: jukacz at erst.dk<mailto:jukacz at erst.dk><mailto:jukacz at erst.dk>
>>>> 
>>>> 
>>>>www.erhvervsstyrelsen.dk<https://urldefense.proofpoint.com/v2/url?u=htt
>>>>p
>>>>-3
>>>> 
>>>>A__www.erhvervsstyrelsen.dk&d=CwIF-g&c=MOptNlVtIETeDALC_lULrw&r=62cJFOi
>>>>f
>>>>zm
>>>> 
>>>>6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=rc7WXJ6fJycCYK5GlXwxdCMQmeKyfvfgKzt
>>>>N
>>>>_5
>>>> hTNBQ&s=vg2MZzQiAfSCjAitWGLmeRUMzh0veJqwc1AviznVzWs&e=
>>>>> <https://urldefense.proofpoint.com/v2/url?u=http-
>>>> 
>>>>3A__www.erhvervsstyrelsen.dk&d=CwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFO
>>>>i
>>>>f
>>>> 
>>>>zm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=dpr1wb6efk7-2HozbeOZXYoAVUioSUB1P
>>>>W
>>>>w
>>>> WVyBult8&s=EjeWDl2T5TA3BJzYGL6fNcerDy-BOaHwVO2GfVt0NJE&e= >
>>>> 
>>>> MINISTRY FOR BUSINESS AND GROWTH
>>>> 
>>>> P Please consider the environment before printing this email.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> 
>>>> Fra:
>>>> 
>>>>accountability-cross-community-bounces at icann.org<mailto:accountability-
>>>>c
>>>>ro
>>>> ss-community-bounces at icann.org><mailto:accountability-cr
>>>> 
>>>>oss-community-bounces at icann.org<mailto:oss-community-bounces at icann.org>
>>>>>
>>>> [mailto:accountability-cross-community-bounces at icann.org] På vegne af
>>>> Burr, Becky
>>>> Sendt: 4. februar 2016 00:19
>>>> Til: Kavouss Arasteh;
>>>> 
>>>>accountability-cross-community at icann.org<mailto:accountability-cross-co
>>>>m
>>>>mu
>>>> nity at icann.org><mailto:accountability-cross-comm
>>>> unity at icann.org<mailto:unity at icann.org>>; Mathieu Weill; Thomas
>>>>Rickert;
>>>> León Felipe Sánchez
>>>> Ambía
>>>> Emne: [CCWG-ACCT] Aresteh proposal to resolve Recommendation 1 and 11
>>>> issues
>>>> 
>>>> Thank you Kavouss for this suggested approach.  We have all been
>>>> working very hard and in good faith for over a year to develop a
>>>> consensus proposal.  My understanding is that this is designed to
>>>> resolve all open issues in Recommendation 1 and 11.  I am supportive
>>>>of
>>>> this package deal, as described below (the description below was also
>>>> included in Kavouss¹ email).  I appreciate the collaborative spirit we
>>>> have brought to the table and hope we can use our Dedicated Rec. 11
>>>>call
>>>> tomorrow to reach consensus!
>>>> 
>>>> 
>>>> 1. Modify Rec #1/Annex 1 and Rec #2/Annex 2
>>>> ·      Add the following to the end of Paragraph 23 in Rec #1/Annex 1:
>>>> 
>>>> The GAC may not, however, participate as a decision maker in the
>>>> Empowered Community¹s consideration of the exercise a community power
>>>> for the purpose of challenging or blocking the Board¹s implementation
>>>>of
>>>> GAC Advice. In such cases, the GAC remains free to participate in
>>>> community deliberations in an advisory capacity, but its views will
>>>>not
>>>> count towards or against otherwise agreed thresholds needed to
>>>>initiate
>>>> a conference call, convene a Community Forum, or exercise a specific
>>>> Community Power.  This carve out preserves the ICANN Board¹s unique
>>>> obligation to work with the GAC try to find a mutually acceptable
>>>> solution to implementation of GAC Advice supported by consensus (as
>>>> defined in Rec. #11) while protecting the community¹s power to
>>>>challenge
>>>> such Board decisions.
>>>> ·      Modify the Table in Rec. #2/Annex 2 to reflect this carve out
>>>> and add the following language to cover situations that would
>>>>otherwise
>>>> require the support of four SOs or ACs:
>>>> 
>>>> The CCWG-Accountability also recommends that in a situation where the
>>>> GAC may not participate as a Decisional AC because the community power
>>>> is proposed to be used to challenge the Board¹s implementation of GAC
>>>> Advice and the threshold is set at four in support, the power will
>>>>still
>>>> be validly exercised if three are in support and no more than one
>>>> objects.
>>>> 2.   Modify Recommendation 11 to reflect 60% threshold for rejection
>>>>of
>>>> GAC advice by Board, with note to drafters that supermajority
>>>> requirement is not intended to create any presumption or modify the
>>>> standard applied by the Board in reviewing GAC Advice.
>>>>  3. During dedicated Recommendation 11 meetings (4 February and 8
>>>> February)
>>>> 
>>>> *    Discuss and accept Recommendation 1 with change described above
>>>> as first final reading;
>>>> *    Discuss and accept Recommendation 2 with change described above
>>>> as first final reading; and
>>>> *   Discuss and accept Recommendation 11 with changes described above
>>>> as first final reading.
>>>> 4.   Submit the package deal to the CCWG for final consideration (2nd
>>>> final reading) at its conference call scheduled for 9 February, noting
>>>> delicate balance requiring compromise on all sides to reach consensus
>>>> and recommending adoption ³as is² (assuming consensus on Dedicated
>>>> Recommendation 11 calls).
>>>> 
>>>> 
>>>> 
>>>> J. Beckwith Burr
>>>> Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer
>>>> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
>>>> Office: +1.202.533.2932  Mobile: +1.202.352.6367 /
>>>> neustar.biz<http://neustar.biz><http://www.neustar.biz>
>>>> 
>>>> From: Kavouss Arasteh
>>>> 
>>>><kavouss.arasteh at gmail.com<mailto:kavouss.arasteh at gmail.com><mailto:kav
>>>>o
>>>>us
>>>> s.arasteh at gmail.com>>
>>>> Date: Wednesday, February 3, 2016 at 4:56 PM
>>>> To: Accountability Community
>>>> 
>>>><accountability-cross-community at icann.org<mailto:accountability-cross-c
>>>>o
>>>>mm
>>>> unity at icann.org><mailto:accountability-cross-com
>>>> munity at icann.org<mailto:munity at icann.org>>>, Becky Burr
>>>> 
>>>><becky.burr at neustar.biz<mailto:becky.burr at neustar.biz><mailto:becky.bur
>>>>r
>>>>@n
>>>> eustar.biz>>, Mathieu Weill
>>>> 
>>>><Mathieu.Weill at afnic.fr<mailto:Mathieu.Weill at afnic.fr><mailto:Mathieu.W
>>>>e
>>>>il
>>>> l at afnic.fr>>, Thomas Rickert
>>>> 
>>>><thomas at rickert.net<mailto:thomas at rickert.net><mailto:thomas at rickert.ne
>>>>t
>>>>>>
>>>> , León Felipe Sánchez
>>>> Ambía 
>>>> 
>>>><leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx><mailto:leonfelipe@
>>>>s
>>>>an
>>>> chez.mx>>
>>>> Subject: <no subject>
>>>> 
>>>> 
>>>> Dear Esteemed and respectful  CCWG Colleagues
>>>> 
>>>> First of all, allow me to share the following thought with you:
>>>> We are in a crucial time for the CCWG requiring to act in a
>>>>coordinated
>>>> manner  on the upcoming Devoted Calls with the aim of assisting the
>>>> CCWG  in finalizing Recommendation 11,including some adjustments in
>>>> Recommendation 1  which enable CCWG to assemble the Supplementary
>>>> Report. This Report needs to be  issued  well in advance of the
>>>> Marrakech meeting if the overall timeline for IANA stewardship
>>>> transition is to be maintained. Given that the CCWG is working hard to
>>>> agree a compromise in the current round of virtual meetings,
>>>> 
>>>> I wish to reiterate what I mentioned at various occasions that we need
>>>> to be pragmatic and tolerable, to be more open to any possible set of
>>>> solution with a view to find a compromise and not merely insist on the
>>>> wishes, requirements and expectations of every single SO and AC but on
>>>> the contrary make utmost efforts to satisfy ,to the extent
>>>>practiceable
>>>> and possible  the entire community.
>>>> 
>>>> We are aware of the sensitive elements of Recommendation 1 as well as
>>>> those of Recommendation 11
>>>> 
>>>> We have made considerable progress to almost bring the views of the
>>>> interested parties together.
>>>> 
>>>> However, there are some more bits to be done. In ICT network
>>>> connection, the Last kilometer or perhaps last hundred meters of the
>>>> connection  are sometimes more complex to  compared with the entire
>>>> network to provide an overall inclusive connection.
>>>> 
>>>> We have succeeded to find workable solutions for many of these last
>>>> kilometers in various area .It remains to finish that last kilometer
>>>> which located in a rocky and mountainous area
>>>> 
>>>> We need to also make out utmost effort to move forward from our
>>>>current
>>>> position which is different from each other and not rule out
>>>>compromise
>>>> as a backward step. Our role  is to make concession towards each other
>>>> position  .We need to take every possible initiative to move forward
>>>>to
>>>> timely complete this proposal on enhanced accountability.
>>>> 
>>>> Frankly speaking and from a professional view point, and as a
>>>> participant of CCWG and Liaison of ICG to CCWG, I think we should
>>>>really
>>>> be more open, constructively, objectively and efficiently
>>>> 
>>>> To this effect , I wish to suggest a package deal which needs to be
>>>> accepted or rejected as a whole without being disintegrated/
>>>>decomposed .
>>>> 
>>>> The Pack Deal is simple straightforward and practical
>>>> 
>>>> 1.  Modify Recommendation 1 to add the language as proposed  by Beckie
>>>> 2.  Maintain the rest of Recommendation 1 Unchanged
>>>> 3.  Accept the 60% threshold for GAC advice ,if to be rejected by the
>>>> Board
>>>> 4.  Maintain the rest of Recommendation  11 Unchanged
>>>> 5.  No other  discussion ,what so ever, on these two Recommendation
>>>> 6.  Submit the Package Deal to the forthcoming CCWG scheduled to be
>>>> held on 09 February with a note from Beckie indicating that this is a
>>>> delicate balance ,a sensitive compromise and recommend to the CCWG to
>>>> take it as it is
>>>> 
>>>> I have no intention of being presumptuous about this, and you are of
>>>> course entirely free to reject my suggestions.  Please note that my
>>>> proposal requires a change to Recommendation 1 and a conforming change
>>>> to Recommendation 2.  To be consistent with our standard procedures, I
>>>> suggest we conduct 1rst final readings of the compromise during our
>>>> Dedicated Rec 11 calls (scheduled for 4 Feb and 8 Feb) and the 2nd
>>>>final
>>>> reading during our regular call on 9 Feb.  Please note that I have
>>>>also
>>>> included Malcolm¹s requested clarification regarding no changes with
>>>> respect to presumptions or standard of review.  I do not believe that
>>>> this text is strictly necessary, but in the interests of getting
>>>> everyone on board I think it makes sense to include it.
>>>> 
>>>> Package Deal
>>>> 
>>>> 1. Modify Rec #1/Annex 1 and Rec #2/Annex 2
>>>> 
>>>> 
>>>> 
>>>> ·      Add the following to the end of Paragraph 23 in Rec #1/Annex 1:
>>>> 
>>>> 
>>>> 
>>>> The GAC may not, however, participate as a decision maker in the
>>>> Empowered Community¹s consideration of the exercise a community power
>>>> for the purpose of challenging or blocking the Board¹s implementation
>>>>of
>>>> GAC Advice. In such cases, the GAC remains free to participate in
>>>> community deliberations in an advisory capacity, but its views will
>>>>not
>>>> count towards or against otherwise agreed thresholds needed to
>>>>initiate
>>>> a conference call, convene a Community Forum, or exercise a specific
>>>> Community Power.  This carve out preserves the ICANN Board¹s unique
>>>> obligation to work with the GAC try to find a mutually acceptable
>>>> solution to implementation of GAC Advice supported by consensus (as
>>>> defined in Rec. #11) while protecting the community¹s power to
>>>>challenge
>>>> such Board decisions.
>>>> 
>>>> 
>>>> 
>>>> ·      Modify the Table in Rec. #2/Annex 2 to reflect this carve out
>>>> and add the following language to cover situations that would
>>>>otherwise
>>>> require the support of four SOs or ACs:
>>>> 
>>>> 
>>>> 
>>>> The CCWG-Accountability also recommends that in a situation where the
>>>> GAC may not participate as a Decisional AC because the community power
>>>> is proposed to be used to challenge the Board¹s implementation of GAC
>>>> Advice and the threshold is set at four in support, the power will
>>>>still
>>>> be validly exercised if three are in support and no more than one
>>>> objects.
>>>> 
>>>> 
>>>> 
>>>> 2.   Modify Recommendation 11 to reflect 60% threshold for rejection
>>>>of
>>>> GAC advice by Board, with note to drafters that supermajority
>>>> requirement is not intended to create any presumption or modify the
>>>> standard applied by the Board in reviewing GAC Advice.
>>>> 
>>>> 
>>>> 
>>>> 3. During dedicated Recommendation 11 meetings (4 February and 8
>>>> February)
>>>> 
>>>> 
>>>> 
>>>> ·      Discuss and accept Recommendation 1 with change described above
>>>> as first final reading;
>>>> 
>>>> ·      Discuss and accept Recommendation 2 with change described above
>>>> as first final reading; and
>>>> 
>>>> ·      Discuss and accept Recommendation 11 with changes described
>>>> above as first final reading.
>>>> 
>>>> 
>>>> 
>>>> 4.   Submit the package deal to the CCWG for final consideration (2nd
>>>> final reading) at its conference call scheduled for 9 February, noting
>>>> delicate balance requiring compromise on all sides to reach consensus
>>>> and recommending adoption ³as is² (assuming consensus on Dedicated
>>>> Recommendation 11 calls).
>>>> 
>>>> Kavouss
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
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>>>>m
>>>>mu
>>>> nity at icann.org><mailto:Accountability-Cross-Comm
>>>> unity at icann.org<mailto:unity at icann.org>>
>>>> 
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