[Accountability-dt] Updated version for review & outstanding action items
Fares, David
DFares at 21cf.com
Thu Oct 30 12:04:02 UTC 2014
Thank you, this is a very helpful addition and I think consistent with workstream 1 as we have laid it out.
From: Grace Abuhamad [mailto:grace.abuhamad at icann.org]
Sent: 30 October 2014 12:00
To: Matthew Shears; Mathieu.Weill at afnic.fr; Fares, David; Marika Konings; accountability-dt at icann.org
Subject: Re: [Accountability-dt] Updated version for review & outstanding action items
Hi all,
It's been brought to my attention that I missed a comment by Larry Strickling in the Q/A part of the session at ICANN51 (13 October). Larry was responding to a question by Steve Del Bianco. The text is as follows:
>>Larry Strickling: so I -- so for example, I have noted in prior public statements that the absence of a board recall mechanism for the community, that would seem to me to be the kind of question that would definitely be within the more limited initial scope of the accountability --
Now, that's a big issue. It's not a tiny issue whatsoever. But it does seem to me those are the kinds of issues people will have concern about when they're thinking about what would happen if -- what prevents this organization from spinning out of control when the US contract isn't there any longer.
Nobody expects it to happen, but I think all of us, to be responsible to this transition, need to think through those possibilities and understand what mechanisms exist today or need to be put into place to prevent bad things like that from happening.
Talk to you soon,
Grace
From: Matthew Shears <mshears at cdt.org<mailto:mshears at cdt.org>>
Date: Thursday, October 30, 2014 5:32 AM
To: Grace Abuhamad <grace.abuhamad at icann.org<mailto:grace.abuhamad at icann.org>>, "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
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.[DF1] [CS2]
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> [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<mailto: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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Director - Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
mshears at cdt.org<mailto:mshears at cdt.org>
+ 44 771 247 2987
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