[CCWG-ACCT] Proposed Agenda CCWG ACCT Meeting - 12 July 2016 @ 20:00 UTC

matthew shears mshears at cdt.org
Thu Jul 14 06:43:40 UTC 2016


+ 1 well said Robin.


On 14/07/2016 03:20, Greg Shatan wrote:
> Robin,
>
> Agree 100%.
>
> Greg
>
> On Wednesday, July 13, 2016, Robin Gross <robin at ipjustice.org 
> <mailto:robin at ipjustice.org>> wrote:
>
>     It is simply a non-starter to suggest that CCWG would lose its
>     right to independent counsel at this stage.  I am struggling to
>     understand *where* the suggestion to start this debate all over
>     again even came from.  We have very important issues on our agenda
>     for WorkStream 2 that require independence of legal advice:
>     transparency of board deliberations, reforming the DIDP, the CEP,
>     etc., which all involve trying to reform the policies that were
>     created by the in-house legal dept.  It is silly to suggest that
>     we must seek the legal advice from those who created the policies
>     we are trying to reform as that would be counter-productive to our
>     goals.
>
>     Additionally it was revealed in yesterday’s calls, that ICANN’s
>     legal dept fees will be added to the CCWG’s independent fees, so
>     CCWG will be billed for the in-house efforts to resist our reforms
>     (and we won’t be given access to the legal advice that we would be
>     paying for).  I think it is extremely important the legal fees NOT
>     be conflated together. We need to understand what the separate
>     costs are, and we cannot be held responsible for spending on Jones
>     Day that is outside of our control.  Fees that ICANN corporate
>     undertakes must be separated from fees that CCWG undertakes or the
>     proposed budget process makes absolutely no sense, unless it was
>     intended to tie CCWG’s hands and give ICANN corporate a blank
>     check to spend resisting our reforms.
>
>     This is an important issue that we cannot roll over on, or
>     everything else we try to do from here on out will be of
>     questionable value.  This settled debate should not be re-opened,
>     despite the huge win for ICANN corporate if were to succeed in
>     over-turning this group’s previous decision on this critical
>     matter of independence of legal advice.
>
>     Thanks,
>     Robin
>
>
>
>     > On Jul 13, 2016, at 2:06 PM, Niels ten Oever
>     <lists at nielstenoever.net <javascript:;>> wrote:
>     >
>     > Also +1 to Greg and +1 to James
>     >
>     > On 07/13/2016 10:50 PM, Dr. Tatiana Tropina wrote:
>     >> Thanks, Greg. +1. Fully agree.
>     >>
>     >> CCWG shall retain the ability to ask for independent advice.
>     Also agree
>     >> that continuing with Sidley Austin and Adler & Colvin is the
>     best option.
>     >>
>     >> + 1 also to James previous email about not reopening the debate.
>     >>
>     >> Best,
>     >>
>     >> Tanya
>     >>
>     >>
>     >> On 13/07/16 22:42, Greg Shatan wrote:
>     >>> Siva,
>     >>>
>     >>> The reasons are all in the record.  Please go back and read
>     all of the
>     >>> materials and discussions relating to our desire and choice to
>     hire
>     >>> independent counsel.  If you have any specific questions after
>     that,
>     >>> please ask them.
>     >>>
>     >>> I will briefly say the following:
>     >>>
>     >>> 1. This has nothing to do with competence, although being
>     generally
>     >>> competent and competent in a specific area are two different
>     things.
>     >>>
>     >>> 2. Where we needed first-hand knowledge or history, we've
>     turned to
>     >>> ICANN legal as one source for such things. That won't change. 
>     Advice
>     >>> is another thing entirely.
>     >>>
>     >>> 3. Ask yourself "Who is ICANN legal's client?" and you will have
>     >>> answered your own question.
>     >>>
>     >>> Greg
>     >>>
>     >>> On Wednesday, July 13, 2016, Sivasubramanian M
>     <isolatedn at gmail.com <javascript:;>
>     >>> <mailto:isolatedn at gmail.com <javascript:;>>> wrote:
>     >>>
>     >>>    Greg,
>     >>>
>     >>>    ​How valid are your assumptions? What are the reasons for this
>     >>>    unwillingness to make use of ICANN Legal, who are
>     competent, have
>     >>>    first hand knowledge and a complete understanding of the legal
>     >>>    nuances on matters concerning ICANN, may I ask?​ Saves money on
>     >>>    most matters requiring legal advice, and should there be areas
>     >>>    that require specialized advice, we could seek external advice.
>     >>>
>     >>>
>     >>>    On Thu, Jul 14, 2016 at 12:28 AM, Greg Shatan
>     >>>    <gregshatanipc at gmail.com <javascript:;>
>     >>>    <javascript:_e(%7B%7D,'cvml','gregshatanipc at gmail.com
>     <javascript:;>');>> wrote:
>     >>>
>     >>>        I object, and I think many others objected, to the idea
>     that
>     >>>        advice from inhouse (i.e., ICANN legal) should be the
>     >>>        "default."  We retained independent counsel to the CCWG for
>     >>>        good reason
>     >>>        ​s​
>     >>>
>     >>>
>     >>>
>     >>>        and those reasons are still applicable today.  I hope
>     we don't
>     >>>        need to rehash that.
>     >>>
>     >>>        We need the continued ability and discretion to go
>     directly to
>     >>>        CCWG's counsel.  Requesting inhouse to solicit an
>     opinion from
>     >>>        an external counsel is not only "cumbersome," it's
>     absolutely
>     >>>        antithetical to the relationship between CCWG and its
>     >>>        independent counsel.
>     >>>
>     >>>        I strongly believe that the "default" must be the
>     status quo,
>     >>>        i.e., that the CCWG (through reasonable processes) has the
>     >>>        ability and discretion to turn to its own counsel. 
>     Further, I
>     >>>        strongly believe that CCWG's independent counsel must
>     remain
>     >>>        Sidley Austin and Adler & Colvin. They have been up a
>     >>>        tremendous learning curve and worked with us every step
>     of the
>     >>>        way.  It would be folly to cast that aside.  It's worth
>     noting
>     >>>        that Sidley is a full-service law firm with offices outside
>     >>>        the US in Beijing, Brussels, Geneva, Hong Kong, London,
>     >>>        Munich, Shanghai, Singapore, Sydney and Tokyo.  I'm
>     confident
>     >>>        that Sidley (and Adler) will (a) tell us when they
>     don't have
>     >>>        the expertise to help us, and (b) work with us on working
>     >>>        methods to make our use of the firms more cost-effective.
>     >>>
>     >>>        Greg
>     >>>
>     >>>        On Tue, Jul 12, 2016 at 9:22 PM, Rudolph Daniel
>     >>>        <rudi.daniel at gmail.com <javascript:;>
>     >>>        <javascript:_e(%7B%7D,'cvml','rudi.daniel at gmail.com
>     <javascript:;>');>> wrote:
>     >>>
>     >>>            Based on comments on the call today, IMO; A good
>     body of
>     >>>            knowledge was accquired on the subject of legal
>     requests
>     >>>            in wg1. WG2 legal resources would be both inhouse and
>     >>>            external, from start, We should be much more efficient
>     >>>            this time around. Each sub however will have their
>     needs
>     >>>            and there may be requests applicable across the
>     subgroups
>     >>>            and/or specific to a subgroup.
>     >>>            So, that suggests close relationship between budget
>     >>>            control and the former legal request team [reconfigured
>     >>>            and/or augmented] who would have to coordinate requests
>     >>>            across ws2 sub
>     >>>            groups as i see it.
>     >>>            What determines the initial choice inhouse/external
>     >>>            resources may be a matter of consensus, but it may be
>     >>>            prudent to consider the process as [default]
>     inhouse with
>     >>>            the flexible and necessary option of external
>     sources by
>     >>>            consensus [as the fog clears so to speak]. I think
>     it may
>     >>>            be cumbersome to request inhouse to solicit an opinion
>     >>>            from an external,  because there may arise an instance
>     >>>            where; on the strength of an opinion, [inhouse or
>     >>>            external] ; a wg2 may wish to reframe and seek
>     >>>            alternative advise elswhere.
>     >>>            rd
>     >>>
>     >>>
>     >>>
>     >>>            Rudi Daniel
>     >>>            /danielcharles consulting
>     >>>           
>     <http://www.facebook.com/pages/Kingstown-Saint-Vincent-and-the-Grenadines/DanielCharles/153611257984774>/
>     >>>            *
>     >>>            *
>     >>>
>     >>>
>     >>>            On Tue, Jul 12, 2016 at 7:21 PM, Vinay Kesari
>     >>>            <vinay.kesari at gmail.com <javascript:;>
>     >>>           
>     <javascript:_e(%7B%7D,'cvml','vinay.kesari at gmail.com
>     <javascript:;>');>>
>     >>>            wrote:
>     >>>
>     >>>                Dear all,
>     >>>
>     >>>                I was unfortunately unable to join the call as
>     I was
>     >>>                on a flight at the time, my apologies. I've
>     just had a
>     >>>                chance to catch up on the Adobe Connect
>     recording, and
>     >>>                I'm happy to reconfirm my willingness and
>     availability
>     >>>                to serve as a rapporteur. Also, I agree with the
>     >>>                thrust of Kavouss' comment at 0:24:30, and
>     affirm my
>     >>>                commitment to serve impartially. I look forward to
>     >>>                working with Greg on the jurisdiction subgroup.
>     >>>
>     >>>                Separately, on the issue of allocation of legal
>     >>>                requests, I agree that we need further
>     discussion, and
>     >>>                endorse creating an Option 3 based on the
>     points made
>     >>>                and the specific requirements of the different WS2
>     >>>                subgroups.
>     >>>
>     >>>                Regards,
>     >>>                Vinay
>     >>>
>     >>>
>     >>>                On 12 July 2016 at 20:55, Mathieu Weill
>     >>>                <mathieu.weill at afnic.fr <javascript:;>
>     >>>               
>     <javascript:_e(%7B%7D,'cvml','mathieu.weill at afnic.fr
>     <javascript:;>');>>
>     >>>                wrote:
>     >>>
>     >>>                    Dear Colleagues,
>     >>>
>     >>>
>     >>>
>     >>>                    Attached is a short set of slides to
>     support our
>     >>>                    discussion on agenda item #4
>     >>>
>     >>>
>     >>>
>     >>>                    Talk to you in a few hours
>     >>>
>     >>>                    Mathieu
>     >>>
>     >>>
>     >>>
>     >>>                    *De
>     :*accountability-cross-community-bounces at icann.org <javascript:;>
>     >>>
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org
>     <javascript:;>');>
>     >>>                   
>     [mailto:accountability-cross-community-bounces at icann.org
>     <javascript:;>
>     >>>
>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org
>     <javascript:;>');>]
>     >>>                    *De la part de* MSSI Secretariat
>     >>>                    *Envoyé :* lundi 11 juillet 2016 19:46
>     >>>                    *À :* CCWG-Accountability
>     >>>                    *Objet :* [CCWG-ACCT] Proposed Agenda CCWG ACCT
>     >>>                    Meeting - 12 July 2016 @ 20:00 UTC
>     >>>
>     >>>
>     >>>
>     >>>                    Good day all,
>     >>>
>     >>>                    In preparation for your call, CCWG
>     Accountability
>     >>>                    WS2 Meeting #2
>     >>>                    <https://community.icann.org/x/FyOOAw>–
>     Tuesday,
>     >>>                    12 July @ 20:00 – 22:00 UTC. Time zone
>     converter
>     >>>                    here
>     >>>                   
>     <http://www.timeanddate.com/worldclock/fixedtime.html?msg=CCWG+Accountability+Meeting&iso=20160712T20&p1=1440&ah=2>
>     >>>
>     >>>
>     >>>                    *Proposed Agenda:*
>     >>>
>     >>>                    1.        Welcome, SOI
>     >>>
>     >>>                    2.
>     >>>                     Articles of Incorporation : finalize
>     submission
>     >>>
>     >>>                    3.
>     >>>                     Appointment of rapporteurs for WS2 – next
>     steps
>     >>>
>     >>>                    4.
>     >>>                     Legal Cost Control Mechanism : initial
>     discussion
>     >>>
>     >>>                    5.        AOB
>     >>>
>     >>>                    6.        Closing
>     >>>
>     >>>
>     >>>
>     >>>                    *Adobe Connect:
>     >>>                    *https://icann.adobeconnect.com/accountability/
>     >>>                   
>     <https://icann.adobeconnect.com/accountability/>
>     >>>
>     >>>
>     >>>
>     >>>                    Thank you!
>     >>>
>     >>>
>     >>>
>     >>>                    With kind regards,
>     >>>
>     >>>                    Brenda Brewer
>     >>>
>     >>>                    MSSI Projects & Operations Assistant
>     >>>
>     >>>                    ICANN-**Internet Corporation for Assigned Names
>     >>>                    and Numbers
>     >>>
>     >>>
>     >>>
>     >>>
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>     >>>
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>     >>>
>     >>>    --
>     >>>    Sivasubramanian M
>     <https://www.facebook.com/sivasubramanian.muthusamy>
>     >>>
>     >>>
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>     >>
>     >>
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>     >
>     > --
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>     >
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--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987



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