[Ws2-jurisdiction] Fwd: [CCWG-ACCT] Fwd: FW: Adopted motion

Tue Oct 4 07:35:41 UTC 2016

A useful parameter for our work - thanks.

On 04/10/2016 07:03, Greg Shatan wrote:
>
> I would like to draw this subgroup's attention to the motion below, 
> which was adopted by the GNSO Council on September 29.  In particular, 
> please take a look at paragraph 4 of the "Whereas" clauses 
> and paragraph 5 of the motion.
>
> Greg
>
> ---------- Forwarded message ----------
> From: *Bernard Turcotte* <turcotte.bernard at gmail.com 
> <mailto:turcotte.bernard at gmail.com>>
> Date: Tuesday, October 4, 2016
> Subject: [CCWG-ACCT] Fwd: FW: Adopted motion
> To: Accountability Cross Community 
> <accountability-cross-community at icann.org 
> <mailto:accountability-cross-community at icann.org>>
>
>
>
> *From:*Marika Konings
> *Sent:* Thursday, September 29, 2016 11:33 PM
> *To:* Glen de Saint Géry <Glen at icann.org 
> <javascript:_e(%7B%7D,'cvml','Glen at icann.org');>>
> *Subject:*Adopted motion
>
> *Motion - GNSO Validation of CCWG-Accountability Budget Request*
>
> Made By: James Bladel
>
> Seconded by: Julf Helsingius, Keith Drazek
>
> WHEREAS,
>
> 1. Per its Charter, the Project Cost Support Team (PCST) has supported 
> the CCWG-Accountability in developing a draft budget and cost-control 
> processes for the CCWG-Accountability activities for FY17, and has 
> also developed a historical analysis of all the transition costs to 
> date (see 
> https://gnso.icann.org/mailing-lists/archives/council/pdfpklU5q6Ojg.pdf 
> <https://gnso.icann.org/mailing-lists/archives/council/pdfpklU5q6Ojg.pdf>).
>
> 2. The CCWG-Accountability FY17 budget was presented at its plenary 
> meeting of June 21st and approved for transmission to the Chartering 
> Organizations for validation as per the process agreed with the PCST. 
> This request for validation was received on 23 June.
>
> 3. Following review and discussion during ICANN56, the GNSO Council 
> requested a webinar on this topic which was held on 23 August (see 
> transcript at 
> https://gnso.icann.org/en/meetings/transcript-ccwg-accountability-webinar-23aug16-en.pdf 
> <https://gnso.icann.org/en/meetings/transcript-ccwg-accountability-webinar-23aug16-en.pdf>, 
> recording at 
> http://audio.icann.org/gnso/gnso-ccwg-accountability-webinar-23aug16-en.mp3 
> <http://audio.icann.org/gnso/gnso-ccwg-accountability-webinar-23aug16-en.mp3> 
> and AC recording at https://icann.adobeconnect.com/p8fu99qpt7d/ 
> <https://icann.adobeconnect.com/p8fu99qpt7d/>).
>
> 4. The GNSO Council notes that many members of the GNSO community have 
> expressed the view that the projected budget does not likely support 
> revisiting the topic of the jurisdiction of ICANN’s organization in 
> that such exploration would likely require substantial independent 
> legal advice on alternative jurisdictions and their potential impact 
> on the text and structure of ICANN’s Bylaws.
>
> 5. The GNSO Council has discussed and reviewed all the relevant materials.
>
> RESOLVED,
>
> 1. The GNSO Council hereby accepts the proposed CCWG-Accountability 
> FY17 budget, as well as the cost-control processes presented in 
> conjunction with the CCWG budget, expects the working groups to be 
> restrained and judicious in their use of outside legal assistance, and 
> believes that the Legal Committee should exercise reasonable and 
> effective controls in evaluating requests for outside legal assistance 
> and should approve them only when deemed essential to assist a working 
> group to fully and objectively understand and develop a particular 
> course of action for which the group has reached a substantial degree 
> of consensus and requires legal advice on its risks and feasibility.
>
> 2. The GNSO Council expects to receive regular updates on actual 
> expenditures as tracked against this adopted budget, and reserves the 
> right to provide further input on the budget allocation in relation to 
> the CCWG-Accountability related activities.
>
> 3. The GNSO Council expects ICANN staff, including its office of 
> General Counsel, to provide the assistance requested by the CCWG and 
> its working groups in an expeditious, comprehensive, and unbiased manner.
>
> 4. The GNSO Council expects the CCWG-Accountability and staff to work 
> within the constraints of this approved budget, and that excess costs 
> or requests for additional funding beyond said budget should be 
> recommended by the Legal Committee only when deemed essential to 
> completion of the CCWG’s work and objectives. .
>
> 5. It is the position of the GNSO Council that revisiting the 
> jurisdiction or organization of the ICANN legal entity, as established 
> by CCWG-Accountability Work Stream 1,  would not likely be supported 
> by this projected budget and, further, that such inquiry should not be 
> undertaken at this time because the new accountability measures are 
> all premised and dependent on California jurisdiction for their 
> effective operation, and any near-term changes in organizational 
> jurisdiction could be extremely destabilizing for ICANN and its community.
>
> 6. The GNSO Council requests the GNSO Secretariat to communicate this 
> resolution to the CCWG-Accountability Chairs, and to the office of the 
> ICANN CFO.
>
> *Marika Konings*
>
> Senior Policy Director & Team Leader for the GNSO, Internet 
> Corporation for Assigned Names and Numbers (ICANN)
>
> Email: marika.konings at icann.org 
> <javascript:_e(%7B%7D,'cvml','marika.konings at icann.org');>
>
> //
>
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>
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>
>
>
>
>
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-- 
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987

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