[CCWG-ACCT] Request for Clarification on Threshold Issue

Kavouss Arasteh kavouss.arasteh at gmail.com
Mon Feb 29 07:42:33 UTC 2016


Dear All,
The hyperlink which provide some information on the use of " shall"
"shallnot" and so on provided by Network Working Group  *is for comments
see below and dated 20 years ago.*




*"Network Working Group                                         S.
BradnerRequest for Comments: 2119                            Harvard
UniversityBCP: 14
March 1997Category: Best Current Practice*


*S. BradnerRequest for Comments: 2119"                            Harvard
UniversityBCP: 14
March 1997*

My comment is that we have to look at the matter within the context of the
phrase and within an example claimed to be best practice
I strongly believe that if we want to change the text we need to discuss it
at our forthcoming physical meeting on 04 March
At that mmeting we have to agree the use of " should" or " would" instead
of "may" AND CERTAINLY  NOT SHALL
Moreover we need to clearly mentioned the minimum number of SO/AC in order
that exercising the community power has some legal validity. That minimum
seems to be 4 ( simple majority) of 7 SO/AC¨
Regards
Kavouss

2016-02-29 4:48 GMT+01:00 Jordan Carter <jordan at internetnz.net.nz>:

> hi all
>
> I think this does need to be clear, and the approach set out is what I
> think our proposal is meant to convey.
>
> best,
> Jordan
>
>
> On 29 February 2016 at 14:12, Chris Disspain <chris at disspain.id.au> wrote:
>
>> Bruce and Keith + 1.
>>
>>
>>
>> Cheers,
>>
>> Chris Disspain | Chief Executive Officer
>> .au Domain Administration Ltd
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>> On 29 Feb 2016, at 12:02 , Drazek, Keith <kdrazek at verisign.com> wrote:
>>
>> Hi Bruce,
>>
>> Thanks for your reply.
>>
>> I agree fully there needs to be a minimum. Speaking personally, I think 4
>> SO/ACs should be the minimum level of participation, with 3 of those 4 in
>> support/not objecting required to use the powers.
>>
>> I hope we can all confirm a common understanding so the bylaw drafters
>> will have clear and unambiguous direction.
>>
>> Regards,
>> Keith
>>
>>
>> On Feb 27, 2016, at 6:03 PM, Bruce Tonkin <
>> Bruce.Tonkin at melbourneit.com.au> wrote:
>>
>> Hello Keith,
>>
>> I assume there also needs to be some lower limit of participants that
>> applies to the concept of “*preventing the need for unanimous support”.*
>>
>> Taking an extreme case,  what if only one SO or AC “chooses” to be part
>> of the decisional process?   Every decision taken would be unanimous by
>> default.
>>
>> How many participants of the 7 SOs and ACs makes a viable Empowered
>> Community?  Should it be 2, 3, or 4.   I hope we get at least 4 out of 7
>> for it  to genuinely represent a significant portion of the community.
>>
>> So rather than “If fewer than 5”, it could be “If at least 4”
>>
>> Regards,
>> Bruce Tonkin
>>
>>
>> *From:* accountability-cross-community-bounces at icann.org [
>> mailto:accountability-cross-community-bounces at icann.org
>> <accountability-cross-community-bounces at icann.org>] *On Behalf Of *Drazek,
>> Keith
>> *Sent:* Sunday, 28 February 2016 7:04 AM
>> *To:* accountability-cross-community at icann.org
>> *Subject:* [CCWG-ACCT] Request for Clarification on Threshold Issue
>>
>> Hi Thomas, Mathieu and Leon. I’m submitting the following on behalf of
>> the undersigned members/participants from the GNSO:
>>
>> ---------------------------------------------
>> Dear CCWG-Accountability Chairs,
>>
>> We are very concerned with the response of the Board to the request for
>> clarification regarding the need to adjust the thresholds for the Empowered
>> Community to exercise its powers if the number of decisional participants
>> is less than 5 SOACs. Currently the text in Annex 1 and 2 regarding this
>> possibility is ambiguous:
>>
>> “The thresholds presented in this document were determined based on this
>> assessment. If fewer than five of ICANN’s SOs and ACs agree to be
>> decisional Participants, these thresholds for consensus support may be
>> adjusted. Thresholds may also have to be adjusted if ICANN changes to have
>> more SOs or ACs.”
>>
>> In our view, there is no question that the thresholds *must* be adjusted
>> if there are fewer than five decisional participants. We have acknowledged
>> repeatedly and operated under the assumption that there should not be a
>> requirement of unanimous support for the Empowered Community to exercise
>> its powers. Yet, if there are less than five decisional participants,
>> unless the thresholds are adjusted it would require unanimous support for
>> the Empowered Community to:
>>
>> ·       Reject a proposed Operating Plan/Strategic Plan/Budget;
>> ·       Recall the entire Board of Directors; and
>> ·       Reject an ICANN Board decision relating to reviews of IANA
>> functions, including the triggering of any PTI separation process.
>>
>> These powers are central to ensuring that ICANN remains accountable to
>> the Empowered Community. This matter is too critical to the primary purpose
>> of the CCWG-Accountability proposal to remain unclear. As the Board has
>> noted in its own formal comments, “Leaving this issue for future
>> consideration raises the potential for renegotiation of the community
>> thresholds.  This potential for renegotiation adds a level of instability
>> and a lack of predictability.”
>>
>> Although it has a superficial resemblance to the recent debate over
>> thresholds in the GAC carve-out, we believe it is fundamentally different.
>> There is a great distinction between an SO or AC *choosing* to not
>> participate, and an SO or AC being *blocked* from participation in a
>> specific instance, as was the case in the case of the GAC carve-out. We
>> were willing to accept a unanimous threshold for Board recall in the unique
>> circumstances of the GAC carve-out, where the GAC was blocked from
>> participation, but we believe firmly that if any SO or AC *elects*,
>> whether through a conscious decision or an inability to decide, to not
>> participate, then the non-unanimity principle must be upheld.
>>
>> However, as we saw with the debate over the thresholds in the GAC
>> carve-out, this could be a contentious issue. It is far better to resolve
>> this matter now (and during the drafting of bylaws), prior to the official
>> transfer of the proposal to NTIA, than to delay it when it could have
>> significant negative ramifications on the transition through a failure to
>> resolve it during the implementation phase.
>>
>> Therefore, we respectfully request that the current text in Annex 1 and
>> Annex 2 be edited to replace “may” with “shall” and add an additional
>> explanatory clause:
>>
>> “The thresholds presented in this document were determined based on this
>> assessment. If fewer than five of ICANN’s SOs and ACs agree to be
>> decisional Participants, these thresholds for consensus support *shall* be
>> adjusted *to prevent the need for unanimous support among the decisional
>> Participants to exercise any of the seven Community powers*. Thresholds
>> may also have to be adjusted if ICANN changes to have more SOs or ACs.”
>>
>> Signed,
>>
>> Phil Corwin
>> Steve DelBianco
>> Keith Drazek
>> James Gannon
>> Robin Gross
>> Ed Morris
>> Brett Schaefer
>> Greg Shatan
>> Matthew Shears
>>
>>
>>
>>
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>
>
> --
> Jordan Carter
>
> Chief Executive
> *InternetNZ *
>
> +64-4-495-2118 (office) | +64-21-442-649 (mob) | Skype: jordancarter
> jordan at internetnz.net.nz | www.internetnz.nz
>
> *A better world through a better Internet*
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