[client com] FW: [CWG-Stewardship] Notes, Recordings, Transcript CWG IANA #45 - 7 May
Client Committee List for CWG
cwg-client at icann.org
Thu May 7 13:26:35 UTC 2015
Here are the notes and actions items as they relate to the Client Committee
work
From: Brenda Brewer <brenda.brewer at icann.org>
Date: Thursday, May 7, 2015 at 9:01 AM
To: "cwg-stewardship at icann.org" <cwg-stewardship at icann.org>
Subject: [CWG-Stewardship] Notes, Recordings, Transcript CWG IANA #45 - 7
May
Dear all,
The notes, recordings and transcripts for the CWG IANA Call #45 7 May are
available here:
https://community.icann.org/pages/viewpage.action?pageId=53772818
Action Items
Action item: integrate Sidley delivery of items more specifically in project
plan (also in view of possible implementation of certain items) across both
efforts
Action item: Go back to ICANN Finance and ask for cost implications of model
as currently envisioned as far as they can currently address that.
Action item: CWG to review all documents provided by Sidley in relation to
this discussion.
Action item: Client committee to instruct Sidley to develop first draft of
term sheet concerning statement of work and contemplate SLEs.
Action item: Sidley to recirculate 2 page chart that provides overview of
differences (pros/cons) between two models
Action item: Client committee to instruct Sidley to share stress tests for
PTI entity and Board as it may become constituted
Action item: Reach out to ICANN (legal) to obtain input on these questions
(#2-3).
Action item: develop FAQ to complement information provided in the public
comment forum.
Notes
1. Opening Remarks
2. CCWG dependencies and the new draft proposal from CCWG
· CCWG has published its report for public comment. The report does
not contain consensus recommendations at this stage. Report shares current
thinking of the CCWG to determine whether the community supports the
direction of the CCWG.
· In certain cases options have been included, in other solutions /
answers have been included where more traction was clear.
· Nothing is cast in concrete -CCWG is eagerly waiting for community
input.
· To facilitate review by the community: Report includes an executive
summary to facilitate review, appendices provide further details to support
the body of the report, Xplane has provided a visualization of the report,
two webinars on 11 May (see https://community.icann.org/x/rYQ0Aw
<https://community.icann.org/x/rYQ0Aw> for further details)
· 4 Building blocks: Community, Board, Constitution (Bylaws),
Independent Review Process. Community empowerment mechanisms identified:
recall ICANN Board, removal of individual board members, veto to changes to
certain sections of Bylaws, possible to reject strategic plan / budget when
Board hasn't sufficiently considered community input, through fundamental
bylaws (so it is more difficult to change these). Enhancements proposed to
independent review process (see slide 9).
· Different models are being discussed to implement these new powers:
designator and membership model (see slide 2 of graphic representation).
Membership model would allow for operationalize community powers as well as
with the ability to enforce.
· Each community power slide outlines the specific power in further
detail, including the triggering mechanism.
· Report also contains specific questions to facilitate feedback.
· With regards to CCWG dependencies, see paragraph 42 on page 12 of
the CCWG draft proposal. CCWG has attempted to take all concerns of the CWG
into account as per requirements provided.
· CCWG Timeline - a second public comment period is foreseen for
July/August to allow for community input on updates / changes that may have
been made as a result of community input on the initial proposal.
· Target for Board adoption during the ICANN meeting in Dublin. Board
is actively participating in the CCWG through a liaison which should enable
the Board to provide input throughout the process and facilitate
consideration of the proposal at the end of the day.
· No questions have been raised so far concerning the CWG
requirements.
b. Review #34-40 on Sidley's Punch List
· CWG to continue monitoring CCWG progress
· Further work may need to be undertaken in relation to the separation
process (is work in progress)
· What if the Board in Dublin would reject critical elements of the
CCWG proposal which the CWG's work is dependent? Need to mitigate against
that possibility.
· Does NTIA need to sign-off on CCWG recommendations? Understanding is
that it is just the Board that would adopt the recommendations, but NTIA
would be made aware of the dependency of the CWG work on the CCWG. NTIA does
view the work holistically and is expected to consider CCWG recommendations
as it considers the transition proposal. Also note the importance of
implementation oversight. Project plan to map out implementation of both
efforts may be needed to understand what realistically can be delivered
when.
Action item: integrate Sidley delivery of items more specifically in project
plan (also in view of possible implementation of certain items) across both
efforts
3. Review of Sidley¹s Punch List
Open discussion on these items without necessarily forcing any kind of
conclusion at this stage while public comment is still open.
Action item: Go back to ICANN Finance and ask for cost implications of model
as currently envisioned as far as they can currently address that.
Action item: CWG to review all documents provided by Sidley in relation to
this discussion.
a. #17-20 on Contract and SOW
·
· Legal input may be helpful on these items?
· A possible approach could be to develop a term sheet (sets out high
level principles) for the agreement between PTI and ICANN? How will the
contract articulate certain elements.
Action item: Client committee to instruct Sidley to develop first draft of
term sheet concerning statement of work and contemplate SLEs.
b. #1 on PTI incorporation type
· 2 page chart was circulated to compare the two options (non-profit
corporation or limited liability company)
· Sidley could put together some ideas concerning stress tests /
scenario planning for each option that may provide further insights to the
CWG and facilitate a decision on form follows function.
· LLC provides more flexibility compared to non-profit corporation,
would not require ICANN obtaining a new tax exemption (for non-profit it
would be required). From bankruptcy perspective, non-profit corporation may
be more beneficial.
Action item: Sidley to recirculate 2 page chart that provides overview of
differences (pros/cons) between two models
Action item: Client committee to instruct Sidley to share stress tests for
PTI entity and Board as it may become constituted
c. #2-3 on transfer of naming functions
·
· Legal input may be helpful on these items?
· ICANN may be in a position to answer these questions
Action item: Reach out to ICANN (legal) to obtain input on these questions
(#2-3).
d. #4-5 PTI Board
·
· See item b.
e. Any updates from DTs?
·
· DT C will have a call tomorrow
· DT M has a call scheduled for next Wednesday. Request to articulate
work in the form of a diagram, including timelines.
· There has been little work on DT-X Separability Process. Avri has
reworked the drive doc to reflect some of the options that were spoken of
on the last call and the list. Little other input yet on the drive doc.
Would probably be good to put this on the agenda for a future CWG meeting so
that the decisions on alternate options can be made, or at least approached.
4. Work Plan for Sections IV, V, VI
· Proposal to have staff prepare an initial draft for CWG review
· Section IV = transition implications
· Section V = NTIA requirements
· Section VI = Community outreach
· Initial drafts expected to be available by next week
5. AOB
· Public comment page has been updated to make the proposal more
clearly visible
· A number of questions have emerged from webinars - the proposal is
to translate these into an FAQ that is expected to aid the public comment
period. Sydley memo also explains in further detail some of the rationale
behind the creation of a separate legal entity.
Action item: develop FAQ to complement information provided in the public
comment forum.
· Letter from NTIA to ICG - ICG may ask for assistance on further
details on timelines. May also require co-ordination with CCWG.
6. Closing Remarks
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