[CCWG-ACCT] Updated Proposal Documents Available for Review

Schaefer, Brett Brett.Schaefer at heritage.org
Mon Feb 22 21:09:24 UTC 2016

If I could make a small request to the Chairs, I think it would be helpful to have the relevant text under discussion in the center Adobe window tonight so that everyone does not need to page through PDF is a separate window.

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Jordan Carter
Sent: Monday, February 22, 2016 4:41 AM
To: Hillary Jett
Cc: ACCT-STAFF; CCWG-Accountability
Subject: Re: [CCWG-ACCT] Updated Proposal Documents Available for Review

Thanks Hillary for this.

All, in prep for our call on the 23rd, I thought I'd extract and post the exact wording from Annex 2 about the carve out thresholds that seems to be at the centre of the discussion. Here they are:

Quote from Annex 2 - para 72 and bullet:

- - -
The CCWG-Accountability also recommends that in a situation where the GAC may not participate as a Decisional Participant because the Community Power is proposed to be used to challenge the Board’s implementation of GAC consensus 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,with the following exception:

Where the power to be exercised is recalling the entire Board for implementing GAC advice, the reduced threshold would apply only either (1) after an IRP has found that, in implementing GAC advice, the Board acted inconsistently with the ICANN Bylaws, or (2) if the IRP is not available to challenge the Board action in question. If the Empowered Community has brought such an IRP and does not prevail, the Empowered Community may not exercise its power to recall the entire the Board solely on the basis of the matter decided by the IRP. It may, however, exercise that power based on other grounds.
- - -

I read this as establishing a threshold of three SOs/ACs in support to use the Board recall power in only two situations:

1) if IRP held that Board acted inconsistent with bylaws
2) if IRP is not available

Otherwise the threshold would remain at four SOs/ACs in support.

I cannot think of many circumstances where the IRP is not available, since almost any action of the Board could be tested against the bylaws through an IRP.

If an IRP finds in favour of the Board, the threshold would remain at four SOs/ACs in support.  Yes, it breaches the principle of unanimity being never required, but it does so after a thorough investigation by an IRP process. (If there is no such investigation, i.e. no IRP available, then the lower threshold applies.)

Seems fine to me.

Speak with you all in ~18hours...


On 22 February 2016 at 16:14, Hillary Jett <hillary.jett at icann.org<mailto:hillary.jett at icann.org>> wrote:
Hello all,

As requested by the co-Chairs, staff has made available the updated Core Proposal, Annexes and Appendices as they were prepared after comments received from the 17 February posting in anticipation of a 19 February distribution of the proposal to the Chartering Organizations. They can be found on the wiki here (https://community.icann.org/x/iw2AAw<https://community.icann.org/x/iw2AAw>).

These documents are not final, however have been made available for preliminary review. Any discussions on the list from 19 February to now are not reflected.


Hillary Jett
Communications Coordinator
Internet Corporation for Assigned Names and Numbers (ICANN)

Mobile: +1 (202) 674-3403<tel:%2B1%20%28202%29%20674-3403>
Email: hillary.jett at icann.org<mailto:hillary.jett at icann.org>

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
Accountability-Cross-Community mailing list
Accountability-Cross-Community at icann.org<mailto:Accountability-Cross-Community at icann.org>

Jordan Carter

Chief Executive
InternetNZ - your voice for the Open Internet

+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>

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