[Accountability-dt] Updated version for review & outstanding action items

Matthew Shears mshears at cdt.org
Thu Oct 30 09:32:32 UTC 2014


Thanks Grace - very helpful.

For our purposes I think Chehade's comments are most useful:

"One to deal with accountability mechanisms that must be reinforced or 
added before the transition occurs or along with the transition -- and 
this is something Assistant Secretary Strickling made clear in his 
speech in Istanbul, that he will be looking for community consensus, 
community consensus, on how we improve our accountability with regard 
specifically to the transition, and then in parallel, another group - - 
because we are also receiving these requests -- needs to look at the 
broader ICANN accountability and governance improvements that we need to 
do that may not need to be necessarily taken care of before a transition 
occurs."

To paraphrase: 1) improvements /(in light of the changing relationship 
with the USG) /to ICANN's accountability and governance //that are 
specific to and necessary to take place before the transition, and 2) 
improvements to ICANN's accountability and governance more broadly that 
"may not need to be taken care of before" the transition.

Matthew

On 10/30/2014 9:00 AM, Grace Abuhamad wrote:
> Hi all,
>
> I sent the compiled comments on Monday. Were they not received? Here 
> attached again just in case.
>
> Talk to you all soon,
> Grace
>
> From: Matthew Shears <mshears at cdt.org <mailto:mshears at cdt.org>>
> Date: Thursday, October 30, 2014 4:45 AM
> To: "Mathieu.Weill at afnic.fr <mailto:Mathieu.Weill at afnic.fr>" 
> <Mathieu.Weill at afnic.fr <mailto:Mathieu.Weill at afnic.fr>>, "Fares, 
> David" <DFares at 21cf.com <mailto:DFares at 21cf.com>>, Marika Konings 
> <marika.konings at icann.org <mailto:marika.konings at icann.org>>, 
> "accountability-dt at icann.org <mailto:accountability-dt at icann.org>" 
> <accountability-dt at icann.org <mailto:accountability-dt at icann.org>>
> Subject: Re: [Accountability-dt] Updated version for review & 
> outstanding action items
>
> This is a useful discussion and it would be good to see the related 
> statements by Strickling and Chehade at ICANN LA meeting.
>
> I note the following from 
> https://www.icann.org/resources/pages/process-next-steps-2014-10-10-en
>
> /
> /
>
>  *
>
>     /_Scope of the accountability process -- two work streams_//: The
>     topic of accountability is important, and *in the discussions
>     around this process, areas and topics have been identified that
>     are important to enhancing */*/ICANN/**/'s accountability but not
>     directly related to accountability in the context of the changing
>     historical relationship with the USG. /*
>
>      o
>
>         /*To ensure that over time there's a mechanism to ensure
>         coverage of all areas, including topics outside of the
>         immediate scope of the process, *a suggestion is that the CCWG
>         establish two work streams or subgroups: one focused on the
>         scope of the work on enhancing //ICANN//accountability in
>         light of the changing relationship with the USG within the
>         time frame of the transition (Work Stream 1); and a second
>         focused on addressing topics on accountability outside the
>         scope of Work Stream 1, which are longer term (and may
>         include, for example, recommendations from the recent ATRT2
>         addressing current accountability mechanisms such as the
>         Ombudsman, the Reconsideration process and the Independent
>         Review process) (Work Stream 2). This could be reflected in
>         the CCWG's Charter./
>
> My bolding but I think it does point to the need to have a more 
> open-ended scope in the Charter that is not parametered by a 
> relationship to the IANA transition.  Otherwise we would only need one 
> workstream.
>
> Matthew
>
> On 10/30/2014 7:34 AM, Mathieu Weill wrote:
>> Dear David and Matthew,
>>
>> Thanks to both of you for the useful edits and thoughtful comments.
>>
>> Regarding the scope, I support David's addition to clarify that the 
>> CCWG needs to take into account the effects of the transition in its 
>> broadest sense :
>>>
>>> The CCWG will investigate accountability mechanisms regarding all of 
>>> the functions provided by ICANN, as long as it finds that such 
>>> accountability mechanism is related to the transition of the NTIA 
>>> Stewardship in its broadest sense, i.e the NTIA Stewardship served 
>>> as a de facto accountability mechanism across the entirety of ICANN. 
>>> The CCWG will be expected to identify how its proposals are related 
>>> to the transition, again in its broadest sense.
>>>
>> The intent of introducing this precision was to reflect a discussion 
>> from Monday's call where concerns had been raised that stream 2 might 
>> be too wide, and therefore might lead to dispersion or duplication of 
>> efforts. I believe this wording (thanks to your edits) keeps 
>> discussions quite open but manages this legitimate concern.
>>
>> Best,
>> Mathieu
>>
>> Le 29/10/2014 19:30, Matthew Shears a écrit :
>>> Thanks David - a few additional edits and comments for consideration 
>>> on top of yours.
>>>
>>> Matthew
>>>
>>> On 10/29/2014 3:45 PM, Fares, David wrote:
>>>>
>>>> Thanks to everyone who contributed to the revised draft.  As 
>>>> mentioned on our last call, I have a meeting outside of the office 
>>>> tomorrow and will not be able to join you.  I have provided several 
>>>> edits in the attached document that try to create consistency with 
>>>> the roles for workstream 1 and 2.  Please let me know if you have 
>>>> any questions.
>>>>
>>>> *From:*accountability-dt-bounces at icann.org 
>>>> [mailto:accountability-dt-bounces at icann.org] *On Behalf Of *Marika 
>>>> Konings
>>>> *Sent:* 29 October 2014 11:25
>>>> *To:* Marika Konings; accountability-dt at icann.org
>>>> *Subject:* [Accountability-dt] Updated version for review & 
>>>> outstanding action items
>>>>
>>>> Dear All,
>>>>
>>>> Please find attached the latest version of the charter which 
>>>> includes the language circulated earlier this week by Mathieu, the 
>>>> language of the board resolution in section V and the proposed 
>>>> removal of references to the ICG in section V that were a left-over 
>>>> from the IANA Stewardship Transition charter (apologies for not 
>>>> spotting these before). To facilitate your review, I've attached a 
>>>> redline as well as clean version. Please note that the following 
>>>> action items are still outstanding:
>>>>
>>>>   * DT members to review issues collated in public comment period
>>>>     and phrase those into questions that can be included for each
>>>>     work stream - Keith volunteered to work with RySG to develop a
>>>>     first list of questions for DT review. Matthew volunteered to
>>>>     assist with this as well.
>>>>   * Avri to review deliverables section and suggest additional
>>>>     edits based on comments received, if needed
>>>>
>>>> Please note that Mathieu has also provided alternative language for 
>>>> section III concerning the work plan. You are encouraged to review 
>>>> the two versions and indicate whether you have a preference for one 
>>>> or the other.
>>>>
>>>> If there are any other issues that need to be considered or 
>>>> alternative language you would like to propose, please share these 
>>>> with the DT before the next meeting which is scheduled for 
>>>> *Thursday 30 October at 13.00 UTC.*
>>>>
>>>> Best regards,
>>>>
>>>> Marika
>>>>
>>>> *From: *Marika Konings <marika.konings at icann.org 
>>>> <mailto:marika.konings at icann.org>>
>>>> *Date: *Monday 27 October 2014 22:29
>>>> *To: *"accountability-dt at icann.org 
>>>> <mailto:accountability-dt at icann.org>" <accountability-dt at icann.org 
>>>> <mailto:accountability-dt at icann.org>>
>>>> *Subject: *[Accountability-dt] For your review - notes & action 
>>>> items and updated version of charter
>>>>
>>>> Dear All,
>>>>
>>>> Please find below the notes and action items from today's meeting 
>>>> as well as attached the latest version of the charter which 
>>>> incorporates the changes discussed during today's meeting.
>>>>
>>>> As a reminder, the action items are as follows:
>>>>
>>>>   * Mathieu to draft language to update problem statement - need to
>>>>     close gap in accountability (trust of stakeholders in current
>>>>     accountability mechanisms - not deemed sufficient, part of
>>>>     which needs to be addressed  prior to transition, part of which
>>>>     can be done after. Expand in goals section what the CWG is
>>>>     expected to achieve. Following that, Mathieu will review other
>>>>     parts of the document to make sure these align (including work
>>>>     stream 1 and 2 descriptions)
>>>>   * Staff to collate Larry Stricklyn's & Fadi's statements/comments
>>>>     from recent speeches related to this effort
>>>>   * DT members to review issues collated in public comment period
>>>>     and phrase those into questions that can be included for each
>>>>     work stream - Keith volunteered to work with RySG to develop a
>>>>     first list of questions for DT review. Matthew volunteered to
>>>>     assist with this as well.
>>>>   * Avri to review deliverables section and suggest additional
>>>>     edits based on comments received, if needed
>>>>   * Update draft language in working relationship with CCWG and ICG
>>>>     to reflect comments received (*done*)
>>>>   * Next meeting has been scheduled for *Thursday 30 October at
>>>>     13.00 UTC*
>>>>
>>>> Please use the attached version for any further edits / comments.
>>>>
>>>> Thanks,
>>>>
>>>> Marika
>>>>
>>>> *Notes and Action Items -- DT meeting of 27 October*
>>>>
>>>> Reminder of target date for delivery of charter: 3 November 2014
>>>>
>>>> *Recap of changes made to Charter since last meeting*:
>>>>
>>>>   * Latest version includes most up to date changes (including
>>>>     Matthew Keith, and David today)
>>>>   * Edits to fix some left over references to ICG where no longer
>>>>     appropriate as well as updates to reflect that more than one
>>>>     proposal may be submitted by the ICG as the two work streams
>>>>     are likely to be completed along different timelines
>>>>   * SOI clarification
>>>>   * Clarification about ATRT role in concensus calls
>>>>
>>>> *Review of charter:*
>>>>
>>>>   * Include definition of the term "accountability" in the Charter
>>>>     (from NETmundial Statement): "Accountable: Mechanisms for
>>>>     independent checks and balances as well asfor review and
>>>>     redress should exist."
>>>>
>>>> /Question concerning scope/:
>>>>
>>>>   * What is demarcation between WS1 and WS2?
>>>>   * Focus on pre-transition vs. post-transition accountability as
>>>>     opposed to IANA vs. non-IANA?
>>>>   * The reference  to IANA Functions accountability is being dealt
>>>>     with by the other CCWG. This group should be focused on
>>>>     accountability reforms made necessary by NTIA's disengagement
>>>>     from its legacy role.
>>>>   * ICANN's accountability to the community as a whole may need to
>>>>     be reflected in the charter - is there a conflict between
>>>>     currently proposed definitions of work streams & scope?
>>>>   * NTIA oversight created accountability across ICANN - how to
>>>>     recreate that general accountability mechanism prior to any
>>>>     transition.
>>>>   * Everything should be on the table for consideration - up to the
>>>>     CCWG to determine what should be done before transition and
>>>>     what can wait until after.
>>>>   * Recommendations coming out of work stream 1 are expected to
>>>>     provide a path for work going on in work stream 2. Process for
>>>>     addressing anything coming up in work stream 2 is one of the
>>>>     objectives of work stream 1.
>>>>   * Transition of role of US Government is at the heart of the work
>>>>     of the CCWG and also dictates timeline / sense of urgency - if
>>>>     scope is too wide it risks the effort to get lost
>>>>   * See challenges identified by Larry Strickling in his speech
>>>>   * Stress test one of the key deliverables of CCWG
>>>>
>>>> /DT Agreements;/
>>>>
>>>>   * Delineation between work stream 1 and 2 should be pre and post
>>>>     transition
>>>>   * Charter should not limit accountability mechanisms or functions
>>>>     affected as part of the CCWG work
>>>>
>>>> /Deliverables, timeframes & reporting/
>>>>
>>>>   * Proposed edits from Avri (see document circulated)
>>>>   * Two additions proposed: 1) when solutions are proposed,
>>>>     deliverables need to include stress test, scenarios to
>>>>     demonstrate that the solutions are resistent to capture /
>>>>     stress; 2) after assessing current situation, priorities need
>>>>     to be identified - what is required before transition and what
>>>>     can wait until after (big impact vs. limited impact) (Avri
>>>>     tried to capture these as part of her edits which will be
>>>>     shared with the DT shortly)
>>>>   * Do stress tests need to be defined or conducted prior to
>>>>     transition? At least for stream 1, this should be a requirement
>>>>     to be conducted in theory. For work stream 2, may not be
>>>>     required, or at least not in the short run.
>>>>   * Stress test - proposals that demonstrate on paper how they
>>>>     would resist 'stress' (capture, financial crisis) - incl. list
>>>>     of nightmare scenarios. What are the stresses that were tested
>>>>     and how the various mechanisms enable ICANN survive these
>>>>     'stresses'.
>>>>
>>>> /Membership/
>>>>
>>>>   * Include as a for example, the link to criteria identified for
>>>>     the community working group (see
>>>>     https://www.icann.org/resources/pages/enhancing-accountability-faqs-2014-08-22-en#12)
>>>>
>>>> /Working relationship with ICG / IANA Stewardship CWG/
>>>>
>>>>   * Consider including reference to regular meetings between chairs
>>>>   * Clarify the role of the board (not related to co-ordination,
>>>>     but to final approval of proposals) - include link to board
>>>>     resolution
>>>>   * Review this section and consider clarifying
>>>>   * Main focus should be on IANA Stewardship Transition CWG as ICG
>>>>     just has a co-ordinating role
>>>>
>>>> /Expert Advisors/
>>>>
>>>>   * Section captures comments provided by Mathieu
>>>>
>>>> *Action item:*
>>>>
>>>>   * Mathieu to draft language to update problem statement - need to
>>>>     close gap in accountability (trust of stakeholders in current
>>>>     accountability mechanisms - not deemed sufficient, part of
>>>>     which needs to be addressed  prior to transition, part of which
>>>>     can be done after. Expand in goals section what the CWG is
>>>>     expected to achieve. Following that, Mathieu will review other
>>>>     parts of the document to make sure these align (including work
>>>>     stream 1 and 2 descriptions)
>>>>   * Staff to collate Larry Stricklyn's & Fadi's statements/comments
>>>>     from recent speeches related to this effort
>>>>   * DT members to review issues collated in public comment period
>>>>     and phrase those into questions that can be included for each
>>>>     work stream - Keith volunteered to work with RySG to develop a
>>>>     first list of questions for DT review. Matthew volunteered to
>>>>     assist with this as well.
>>>>   * Avri to review deliverables section and suggest additional
>>>>     edits based on comments received, if needed
>>>>   * Update draft language in working relationship with CCWG and ICG
>>>>     to reflect comments received
>>>>   * Next meeting has been scheduled for *Thursday 30 October at
>>>>     13.00 UTC*
>>>>
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>>>> _______________________________________________
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>>>
>>> -- 
>>> Matthew Shears
>>> Director - Global Internet Policy and Human Rights
>>> Center for Democracy & Technology (CDT)
>>> mshears at cdt.org
>>> + 44 771 247 2987
>>>
>>>
>>> _______________________________________________
>>> Accountability-dt mailing list
>>> Accountability-dt at icann.orghttps://mm.icann.org/mailman/listinfo/accountability-dt
>>
>> -- 
>> *****************************
>> Mathieu WEILL
>> AFNIC - directeur général
>> Tél: 01 39 30 83 06
>> mathieu.weill at afnic.fr
>> *****************************
>> ATTENTION : L'Afnic a déménagé le 31 mars 2014 !
>> Notre nouvelle adresse est :
>> Afnic - Immeuble Le Stephenson - 1, rue Stephenson - 78180 Montigny-le-Bretonneux
>
> -- 
> Matthew Shears
> Director - Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> mshears at cdt.org
> + 44 771 247 2987

-- 
Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
mshears at cdt.org
+ 44 771 247 2987

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