[council] FW: Enhancing ICANN Accountability | ICANN - Proposed Next Steps for the Process
Winterfeldt, Brian J.
brian.winterfeldt at kattenlaw.com
Fri May 23 17:56:11 UTC 2014
Dear Jonathan:
As an initial reaction, I am tentative to agree with the four SG representative model for this WG.
In parallel, with respect to the IANA transition steering committee, I would refer you to the formal IPC comments on the matter below. The comments essentially conclude that each of the seven constituent organizations within the GNSO should be represented on the steering committee.
· ISSUE: The composition of the Steering Committee is troublesome.
o From the GNSO point of view, having only two members on the Steering Committee is inconsistent with the multistakeholder composition of the GNSO. The GNSO is an "umbrella" for seven distinct organizations, representing different categories of stakeholders, with widely differing and often opposed points of view. It is not acceptable that at least five, if not six, of the GNSO constituent organizations, and at least two, and possibly three, of the GNSO Stakeholder Groups will not be represented on the Steering Committee. Who will not be represented and why?
o On the other hand, the ASO (as an ICANN SO) and the NRO (as an "affected party") each get 2 representatives. However, the ASO and the NRO are essentially the same organization pursuant to their 2004 Memorandum of Understanding. (This MoU establishes that the NRO fulfills the role, responsibilities, and functions of the ASO as defined within the ICANN Bylaws. See http://www.nro.net/documents/icann-address-supporting-organization-aso-mou, Art. 1.)
o Viewed from outside ICANN, this is an even more troublesome proposal. For example, if one or both of the GNSO representatives is from either the Registry or Registrar SG, there would be no representative of the "private sector" (i.e., CSG) or no representative of "civil society" (i.e., NCSG), or both. At the same time, it is possible that the Registries could have representatives coming through IETF or IAB channels, giving them additional representation.
· PROPOSAL: The Steering Group should be reconstituted so that each of the seven constituent organizations of the GNSO has a Steering Committee seat, while the NRO/ASO (combined) entity has two seats.
Thank you,
Brian
Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3562 f / (202) 339-8244
brian.winterfeldt at kattenlaw.com<mailto:brian.winterfeldt at kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/>
From: "James M. Bladel" <jbladel at godaddy.com<mailto:jbladel at godaddy.com>>
Date: May 23, 2014 at 9:43:18 AM EDT
To: John Berard <john at crediblecontext.com<mailto:john at crediblecontext.com>>, Jonathan Robinson <jrobinson at afilias.info<mailto:jrobinson at afilias.info>>
Cc: "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] FW: Enhancing ICANN Accountability | ICANN - Proposed Next Steps for the Process
Agree with Volker, John & Jonathan, and believe this approach should be adopted by other community groups (e.g. The proposed IANA Steering Group).
Thanks-
J.
From: John Berard <john at crediblecontext.com<mailto:john at crediblecontext.com>>
Date: Friday, May 23, 2014 at 8:38
To: Jonathan Robinson <jrobinson at afilias.info<mailto:jrobinson at afilias.info>>
Cc: GNSO Council List <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [council] FW: Enhancing ICANN Accountability | ICANN - Proposed Next Steps for the Process
Jonathan,
I would support any recommendation that properly weights the voice of the GNSO community.
Berard
On May 23, 2014 4:29 AM, Jonathan Robinson <jrobinson at afilias.info<mailto:jrobinson at afilias.info>> wrote:
All,
It is my view that the GNSO should reasonably expect to have four representatives (one per SG) on this Working Group.
Please let me know if you think similarly or differently.
Jonathan
From: David Olive [mailto:david.olive at icann.org]
Sent: 16 May 2014 08:46
To: Jonathan Robinson; Byron Holland; Louie Lee; heather.dryden at ic.gc.ca<mailto:heather.dryden at ic.gc.ca>; Olivier MJ Crepin-Leblond; Patrik Fältström; Lars-Johan Liman; Jun Murai
Cc: Theresa Swinehart; Samantha Eisner
Subject: FW: Enhancing ICANN Accountability | ICANN - Proposed Next Steps for the Process
Dear SO-AC Chairs:
In follow up to ICANN's recent announcement on the Enhancing ICANN Accountability review, part of the success of this group will be through the SO and AC's identification of members to serve on the Working Group. In contrast to the ATRT reviews and others, ICANN will not be making community appointments to the group from a slate of identified candidates; the community representation on this Working Group is to be determined by the SO/AC leadership. We are hoping that you can start consideration of membership from SO or AC that you are leading. As ICANN is trying to align the timeline of the Enhancing ICANN Accountability work to the IANA Stewardship Transition work, we are hoping that we can have community representation identified in advance of ICANN50 in London.
To help structure the work of the Working Group, ICANN has identified a range of subject matter areas within which competency would be helpful, including:
· Internet Technical Operations
· International Organizational Reviews
· Global Accountability Tools and Metrics
· Jurisprudence / Accountability Mechanism
· Internet Consumer Protection
· Economics (Marketplace and Competition)
· Global Ethics Frameworks
· Operational, Finance and Process
· Board Governance
· Transparency
· Risk Management
While we did not specify the full number of community members that will be appointed to the Working Group, we are hopeful that each SO and AC will consider identifying two representatives (and no more than three) so that the Working Group is of a size that can perform its work in an efficient manner. We also encourage the consideration of the subject matters when identifying representatives.
If you have more questions about this process, please let Theresa Swinehart or myself know.
Best regards, David
David A. Olive
Vice President, Policy Development Support
General Manager, ICANN Regional Headquarters -Istanbul
Internet Corporation for Assigned Names and Numbers (ICANN)
Direct Line: +90.212.381.8727
Mobile: + 1. 202.341.3611
Email: david.olive at icann.org<mailto:david.olive at icann.org>
www.icann.org<http://www.icann.org>
From: David Olive <david.olive at icann.org<mailto:david.olive at icann.org>>
Date: Wednesday, May 7, 2014 12:47 AM
To: "soac-infoalert at icann.org<mailto:soac-infoalert at icann.org>" <soac-infoalert at icann.org<mailto:soac-infoalert at icann.org>>
Cc: Theresa Swinehart <theresa.swinehart at icann.org<mailto:theresa.swinehart at icann.org>>
Subject: Enhancing ICANN Accountability | ICANN - Proposed Next Steps for the Process
http://www.icann.org/en/news/in-focus/accountability/enhancing-accountability
Proposed Next Steps for the Process
Establishing the ICANN Accountability Working Group:
At the ICANN meeting in Singapore, members of the community suggested establishing a working group to address topics raised around ICANN Accountability. To respond to both the community dialogues and suggestions, an ICANN Accountability Working Group is proposed.
The leaders of ICANN's Supporting Organizations and Advisory Committees will be responsible for appointment of community members to the Working Group. Community members with skills in the subject matter areas listed below are encouraged to have their names put forward by the leadership of ICANN's Supporting Organizations and Advisory Committees for participation in the Working Group before the end of the comment and reply period. The Board may appoint liaisons to the Working Group. ICANN staff will identify external experts in these subject matter areas to join the Working Group and bring in new ideas. The subject matter areas are:
* Internet Technical Operations
* International Organizational Reviews
* Global Accountability Tools and Metrics
* Jurisprudence / Accountability Mechanism
* Internet Consumer Protection
* Economics (Marketplace and Competition)
* Global Ethics Frameworks
* Operational, Finance and Process
* Board Governance
* Transparency
* Risk Management
After the public comment and reply period, the Working Group will commence in time for the ICANN 50 Meeting. It's expected that sub-working groups on specialized subject areas will be useful and open to all including experts.
The ICANN Accountability Working Group would coordinate community dialogue, including discussion on draft materials on the discussions and proposed themes outlined above with regards to strengthening ICANN's accountability to address the absence of its historical contractual relationship to the U.S. Government and other identified issues. One of the first tasks of the Working Group will be to identify the issues that need to be solved. The ICANN Accountability Working Group would prepare a draft report on issues identified including whether measures are needed to strengthen ICANN's accountability, and if so, the recommended time frames for development of new or improved mechanisms, if any. The draft report would be provided for public comment. The ICANN Accountability Working Group would submit its final report to the ICANN Board. The Board would immediately and publicly post the final report, consider whether to adopt all or parts of it, and direct the CEO to implement those parts it has accepted once that decision is made.
It is expected that the ICANN Accountability Working Group would operate in an open, transparent and inclusive process, primarily through remote participation opportunities, that would include:
* A website that would include a timeline of activities and events, as well as all materials and communications from the working group, and a full archive of all content provided and evaluated throughout the process;
* A mailing list to ensure anyone can remain involved in the activities and progress of the group; and,
* All meetings and phone conference would be open for stakeholders to observe and transcripts and recordings would be posted.
Questions for Community Discussion:
As the next steps are being outlined and process finalized, ICANN is collecting community input to help provide feedback to further the work of the ICANN Accountability Working Group once it is comprised. ICANN is now seeking community discussion on both the questions first posed in March 2014 as well as some additional questions:
* What issues does the community identify as being core to strengthening ICANN's overall accountability in the absence of its historical contractual relationship to the U.S. Government?
* What should be the guiding principles to ensure that the notion of accountability is understood and accepted globally? What are the consequences if the ICANN Board is not being accountable to the community? Is there anything that should be added to the Working Group's mandate?
* Do the Affirmation of Commitments and the values expressed therein need to evolve to support global acceptance of ICANN's accountability and so, how?
* What are the means by which the Community is assured that ICANN is meeting its accountability commitments?
* Are there other mechanisms that would better ensure that ICANN lives up to its commitments?
* What additional comments would you like to share that could be of use to the ICANN Accountability Working Group?
Please provide your input on the questions above at comments-enhancing-accountability-06may14 at icann.org<mailto:comments-enhancing-accountability-06may14 at icann.org>
Download a PDF of this document here<http://www.icann.org/en/news/in-focus/accountability/enhancing-accountability-06may14-en.pdf> [PDF, 375 KB].
David A. Olive
Vice President, Policy Development Support
General Manager, ICANN Regional Headquarters -Istanbul
Internet Corporation for Assigned Names and Numbers (ICANN)
Direct Line: +90.212.381.8727
Mobile: + 1. 202.341.3611
Email: david.olive at icann.org<mailto:david.olive at icann.org>
www.icann.org<http://www.icann.org>
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