[CWG-Stewardship] FW: High Level Statements

Sat Jan 10 00:00:00 UTC 2015

Dear all, 

The High Level Statements from the CCWG have been published in an
announcement on the ICANN website:
https://www.icann.org/news/announcement-2-2015-01-09-en

Co-Chairs of CCWG-Accountability Publish High Level Statements
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<https://www.icann.org/news/announcement-2-2015-01-09-en#>
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<https://www.icann.org/news/announcement-2-2015-01-09-en#>
On behalf of the Cross Community Working Group (CCWG) Accountability, the
co-chairs Thomas Rickert (GNSO), León Sanchez Ambia (ALAC) and Mathieu Weill
(ccNSO) are pleased to announce that the CCWG has prepared a set of high
level statements <https://community.icann.org/x/3pAQAw>  that might be
valuable to all groups or individuals working on proposals as part of the
NTIA IANA Functions' Stewardship Transition Process.
The CCWG is aware and conscious of the interdependency and interlinkage of
the IANA Stewardship Transition and Enhancing ICANN Accountability
Processes, in particular with what has been called Work Stream 1 and
appreciates the sense of urgency. Although the CCWG works as expeditiously
as possible on the tasks it has been chartered with, it is not feasible to
publish concrete results of the group in January.
Nonetheless, the CCWG has chosen to publish the high level statements as a
preliminary assessment of the situation and is cognizant that this
preliminary assessment might be subject to change because of:
* Changes to the proposals under discussion as part of the IANA Stewardship
Transition Process, in particular the Interim Proposal
<https://www.icann.org/en/system/files/files/cwg-naming-transition-01dec14-e
n.pdf>  published by the CWG-Stewardship on 1 December 2014; and
* Changes due to other external and internal factors, such as evolving
deliberations of the CWG itself.
Background CCWG
The CCWG began its work late November 2014 with regular weekly virtual
meetings and will have its first (intersessional) face-to face meeting on 19
and 20 January 2015 in Frankfurt, Germany. The CCWG was chartered by ALAC,
ccNSO, GAC, GNSO and NRO acting as ASO and includes over 150 participants
and members <https://community.icann.org/x/IIMHAw>  appointed by the
chartering organizations, Advisors <https://community.icann.org/x/54cQAw>
appointed by the Public Experts Group (PEG), and 3 liaisons.
Additional information, including transcripts and recordings of the
discussions are available at: https://community.icann.org/x/ogDxAg

From:  Jonathan Robinson <jrobinson at afilias.info>
Organization:  Afilias
Reply-To:  Jonathan Robinson <jrobinson at afilias.info>
Date:  Friday, January 9, 2015 3:23 AM
To:  "cwg-stewardship at icann.org" <cwg-stewardship at icann.org>
Subject:  [CWG-Stewardship] FW: High Level Statements

All,

Please see below for text of letter, received today, as approved by the the
Cross Community Working Group on Enhancing ICANN Accountability
(CCWG-Accountability).

Thank-you,

Jonathan

From: Thomas Rickert [mailto:rickert at anwaelte.de]
Sent: 08 January 2015 17:07
To: Lise Fuhr; Jonathan Robinson
Cc: Mathieu Weill; León Felipe Sánchez Ambía
Subject: High Level Statements

Dear Lise and Jonathan,

the Cross Community Working Group on Naming Related Functions
(CWG-Stewardship) and the Cross Community Working Group on Enhancing ICANN
Accountability (CCWG-Accountability) are regularly liaising and
co-ordinating their work as both work areas are interdependent and
interlinked. The co-chairs of both groups have agreed that it would be
valuable for the CWG-Stewardship to provide the CCWG-Accountability with a
list of issues it has identified during its deliberations where the work of
both group overlaps. Subsequently, the following items from the proposal
published on Dec. 1st, 2014 have been identified:

> 
> ·       Section 3.3  ³Independent Review of Board Actions  the
> CWG-Stewardship may propose that this becomes binding under certain
> circumstances directly related to IANA; no other changes proposed². If this
> were to be included in the final proposal implementation would require a
> change to the ICANN Bylaws regarding the IRP.
> 
> ·       Section 3.4.3.2 - Independent certification for delegation and
> re-delegation requests. This is still under consideration by the
> CWG-Stewardship but would be a replacement for the authorization function for
> all changes to the Root Zone or its WHOIS Database currently performed by the
> NTIA. The replacement mechanism would have gTLD requests for delegations and
> re-delegations authorized by an independent third party and its decision on
> these matters would be binding on ICANN/IANA. This would probably require
> modifications to the ICANN Bylaws.
> 
> ·       Section 3.4.3.3 - Independent Appeals Panel  The CWG-Stewardship is
> proposing that an independent review panel be set up to deal with contested
> changes to the Root Zone or its WHOIS Database. Although discussions are still
> ongoing as to the specifics of such a proposal it is generally agreed that
> such a mechanism should be part of the final proposal and that its decisions
> would be binding. As such this would also require changes to the ICANN Bylaws.
> 
>  
> 
> Additionally, the CCWG-Accountability has been advised that "ICANN-only
> ³ proposals currently considered might have significant input on the
> Accountability mechanisms required.

Finally, the CWG-Stewardship pointed out that feedback would ideally be
received early enough to be taken into account when finalizing the proposal
to be submitted to the ICG.

While the CCWG-Accountability appreciates the sense of urgency and works as
expeditiously as possible on the tasks it has been chartered with, it is not
feasible to publish a work results of the group in January.

Nonetheless, the CCWG-Accountability has chosen to publish high level
statements as a preliminary assessment of the situation.

However, the CCWG-Accountability is cognizant that any preliminary
assessment might be subject to change because of

- changes made to the proposal published by the CWG-Sterwardship on Dec.1st,
2014
- other proposals and
- changes due to other external and internal factors, such as evolving
deliberations of our group.

The below high level statements might be valuable to all groups or
individuals working on proposals to be submitted to the ICG, which is why
they are not only a response to the CWG-Stewardship, but published as a
status update by the CCWG-Accountability.
1. The CCWG-Accountability noted that a significant number of contributions
during the two Public Comments on Enhancing ICANN Accountability called for
the implementation of independent mechanisms enabling to review and, when
appropriate, redress, decisions from the ICANN Board of Directors. It was
often noted that these mechanisms should be in place or committed to before
the IANA Stewardship Transition takes place. The CCWG-Accountability is
therefore considering addressing this need in its Work Stream 1 (WS1).
Unless the CWG-Stewardship specifies otherwise, Board decisions that are
directly related to IANA Functions could be added to the remit of such
independent mechanisms for the review and redress of decisions of the ICANN
Board of Directors, which the CCWG-Accountability may address in Work Stream
1. Other issues that were brought up by many and could qualify for being in
the remit of such mechanism were decisions broadening or altering ICANN¹s
mandate as well as recalling one or multiple ICANN Board members. Please
note that the legal nature, composition, and specific mandate of this
mechanism are yet to be determined.
2. The CCWG-Accountability acknowledges the expectation for certain internal
and / or external review and / or appeals processes to be implemented or
committed to prior to the transition and will consider these as part of its
work. 
3. Further, we would like to assure you that the CCWG-Accountability output
will adhere to the following considerations;
·      Any proposal will address the concern on to whom should ICANN be held
accountable.

·      Any proposal will address the concern on what should ICANN be held
accountable for.

·      Any proposal will address the concern on how ICANN or its Board of
Directors should be held accountable.

We hope this broad but clear roadmap helps the CWG complement their work and
that we continue to work on a coordinated fashion.
Please note that these statements reflect the current status of
deliberations of the CCWG-Accountability and might be subject to change for
the reasons mentioned above and further input from the community.

Kind regards,
Mathieu Weill, León Sánchez and Thomas Rickert
Co-Chars of the CCWG-Accountability

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