[IPC-GNSO] Fwd: [Soac-infoalert] CCWG-ACCT Issues Formal Update on Progress Made In and After ICANN54 in Dublin
Greg Shatan
gregshatanipc at gmail.com
Mon Nov 16 13:52:47 UTC 2015
All,
The CCWG-Accountability has published a "formal update" on its proposal.
This was intended to be a "plain English" summary of the third draft
proposal, but certain aspects of the proposal are still in flux, so this
can't quite be viewed as a summary. As such, it was renamed a "formal
update."
Greg
---------- Forwarded message ----------
From: *David Olive* <david.olive at icann.org>
Date: Monday, November 16, 2015
Subject: [Soac-infoalert] CCWG-ACCT Issues Formal Update on Progress Made
In and After ICANN54 in Dublin
To: "soac-infoalert at icann.org" <soac-infoalert at icann.org>
Cc: Hillary Jett <hillary.jett at icann.org>, Duncan Burns <
duncan.burns at icann.org>
—
CCWG-Accountability Issues Formal Update on Progress Made In and After
ICANN54 in Dublin
Context
------------------------------
This is a brief and preliminary overview of the proposal for improving ICANN's
accountability developed by the Cross Community Working Group on Enhancing
ICANN Accountability (CCWG-Accountability) over the past year. It includes
a very high-level summary of the main changes being proposed by the
community and outlines what will be described in the full proposal.
This 36-page document is designed to update the community on recent
progress in and after ICANN54 in Dublin and raise awareness of the proposed
enhancements to ICANN's accountability as a more detailed proposal is
finalized. While this formal update reflects the current consensus
positions of the group, there are outstanding elements that remain to be
finalized. These finishing details are highlighted in the document, and
will be confirmed and detailed in the Third Draft Proposal.
Download the Formal Update here.
<https://www.icann.org/en/system/files/files/cwg-draft-2-proposal-work-stream-1-recs-15nov15-en.pdf>
*The full Third Draft Proposal on Work Stream 1 Recommendations will be
shared with the public on 30 November 2015*, which will include further
explanation and detail about the accountability improvements outlined in
this document. It will also explain why the changes have been suggested,
how the community arrived at these recommendations and the options
considered and ultimately rejected in development of the proposal.
We welcome feedback on this document, and encourage all interested
stakeholders to view the full proposal for any outstanding questions or
concerns.
Summary
------------------------------
Over the last year, a working group of ICANN community members has been
developing a set of proposed enhancements to ICANN's accountability to the
global Internet community.
This effort is integral to the transition of the United States' stewardship
of the IANA functions to the global Internet community, reflecting the
ICANN community's
conclusion that improvements to ICANN's accountability were necessary in
the absence of the accountability backstop that the historical contractual
relationship with the United States government provided. The accountability
improvements set out in this document are not designed to change ICANN's
multistakeholder model, the bottom-up nature of policy development nor
significantly alter ICANN's day-to-day operations.
The main elements of the proposal are outlined below. Together with ICANN's
existing structures and groups, these accountability enhancements will
ensure ICANN remains accountable to the global Internet community.
- *A revised Mission statement* for the ICANN Bylaws that sets out what
ICANN does. This Mission statement clarifies but does not change ICANN's
historic mission
- An enhanced *Independent Review Process* and redress process with a
broader scope and the power to ensure ICANN stays within its revised
Mission
- New specific *powers* for the ICANN community that can be enforced
when the usual methods of discussion and dialogue have not effectively
built consensus including the powers to:
- Reject ICANN Budgets, Operating Plans or Strategic Plans
- Reject changes to ICANN's Bylaws
- Approve changes to new Fundamental Bylaws (see below)
- Remove an individual ICANN Director from the Board
- Recall the entire ICANN Board
- An additional new power that gives the community a say in decisions
about the *IANA Function Reviews* and any separation of the IANA Names
Functions
- All of these community powers can only be exercised after extensive
community discussions and debates through processes of *engagement and
escalation*. The process of escalation provides many opportunities for
the resolution of disagreements between the parties before formal action is
required.
The accountability elements outlined above will be supported through:
- Additions to the ICANN Bylaws to create an *Empowered Community* that
is based on a simple legal vehicle that will act on the instructions of
ICANN stakeholder groups to exercise the Community Powers. The Empowered
Community is granted the status of a Designator (a recognized role in law)
and has the standing to enforce the Community Powers if needed.
- Core elements of ICANN's governing documents (the Articles and Bylaws)
being categorized as*Fundamental Bylaws* that can only be changed with
agreement between the ICANN community and the ICANN Board.
In addition, further proposed changes include:
- A recognition *of ICANN's respect for Human Rights*
- Incorporation of ICANN's commitments under the 2009 *Affirmation of
Commitments* with the United States Department of Commerce into the
Bylaws, where appropriate
- Improved accountability and diversity for ICANN's *Supporting
Organizations and Advisory Committees*
- A commitment to discuss additional accountability improvements and
broader accountability enhancements in 2016, following implementation of
this core set of accountability improvements
To develop these recommendations to improve ICANN's accountability, the
Working Group:
- Relied on suggestions and proposals generated inside the Working Group
and by the broader Internet multistakeholder community
- Conducted public comment periods to gather feedback on earlier drafts
and discussed iterations of its recommendations across the world at
ICANN meetings
and through online webinars
- Rigorously "stress tested" ICANN's current and proposed accountability
mechanisms to test their strength against problematic scenarios the
organization could potentially face
- Engaged two external law firms to ensure the legal reliability of the
proposed accountability enhancements
- Made the minimum enhancements to ICANN's accountability necessary to
meet the baseline requirements of the community, as required for
the IANA Stewardship
Transition
- Met the requirements of the group that developed the IANA Stewardship
Transition proposal for the Domain Names community
- Met the requirements of the U.S. National Telecommunications and
Information Agency for theIANA Stewardship Transition
We look forward to your thoughts and feedback on our Third Draft Proposal
on Enhancing ICANN Accountability.
--
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