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Sub-Group Members:   David McAuley, Edward Morris, Greg Shatan, Leon Sanchez, Par Brumark, Robin Gross, Samantha Eisner

Guests:  Cameron Kerry, Edward McNicholas, Holly Gregory, Rich Boucher, Josh Hofheimer, Janet Zagorin

Staff:   Alice Jansen, Brenda Brewer, Theresa Swinehart

Apologies:  

**Please let Brenda know if your name has been left off the list (attendees or apologies).**


Transcript

Recording

The Adobe Connect recording is available here:  https://icann.adobeconnect.com/p3rglijlvej/

The audio recording is available here:  

Proposed Agenda

Notes

Action Items

Documents Presented

Chat Transcript

  Brenda Brewer: (3/10/2015 16:43) Hello all!  Welcome to the CCWG Accountability Legal SubTeam call on 10 March at 22:00 UTC.

  Alice Jansen 5: (16:55) Chat sessions are being archived and follow the ICANN Expected Standards of Behavior: http://www.icann.org/en/news/in-focus/accountability/expected-standards

  Robin Gross [GNSO - NCSG]: (16:59) draft of Legal Scoping document: https://docs.google.com/document/d/132V7P8nmyalhoso7zcevjW3_ox1laXn5JIEH3dDAF3A/edit#

  David McAuley: (17:04) few min to call in

  David McAuley: (17:06) ok on phone

  Brenda Brewer: (17:07) Joshua Hofheimer and Rick Boucher are on phone line

  Brenda Brewer: (17:09) Theresa is on phone line now

  Holly Gregory 2: (17:12) We have two additional persons on the line that we would like to introduce -- Joshua Hofheimer and Rick Boucher

  Robin Gross [GNSO - NCSG]: (17:16) Important to know our task is not only because the NTIA contract has a window of opportunity for opening - it is also because ICANN's accountability mechanisms are generally regarded as inadequate (irrespective of NTIA contract)

  Robin Gross [GNSO - NCSG]: (17:18) Current timeline will most likely need to be adjusted since the community won't have reached sufficient consensus or exploration of issues on the timeline suggested now.

  Robin Gross [GNSO - NCSG]: (17:20) Q: what is the firm's understanding of its duty of loyalty to ICANN, the corporation (as opposed to CWG)?

  David McAuley: (17:20) Thanks Holly - the directive letter itelf would be public I take it

  David McAuley: (17:20) i.e. the directive from ICANN to Sidley to take all direction, give advice to CCWG/CWG

  Holly Gregory 2: (17:21) Yes --

  David McAuley: (17:21) thanx

  David McAuley: (17:29) This kind of clarity is in our interest (CCWG) as well altho we should mention it to CCWG generally, in my opinion

  Pär Brumark (GAC): (17:30) Agree

  David McAuley: (17:32) March 23-24 with some pre meetings Sunday 22nd

  David McAuley: (17:33) Istanbul for 23rd-24th

  Samantha Eisner: (17:33) Same location as the CWG session

  Robin Gross [GNSO - NCSG]: (17:35) proposed timeframe is questionable by many in the community

  Alice Jansen: (17:36) Also available here - https://community.icann.org/download/attachments/50823981/CWG-CCWG_timeline_20150303.pdf?version=1&modificationDate=1425369129000&api=v2

  Robin Gross [GNSO - NCSG]: (17:37) the community's priority it getting it right.  not meeting an arbitrary timeline.

  Edward Morris: (17:37) I think it's important to recognize that these deadlines are very likely going to be extended.

  Edward Morris: (17:37) Out of necesity.

  David McAuley: (17:39) Holly, have you had a timeline discussion with CWG - how did that come out

  Robin Gross [GNSO - NCSG]: (17:40) I agree that takes time.  This is complicated.  We are building a global governance institution.  We can't do it right in the timeline proposed.

  David McAuley: (17:40) This discussion underscores importance of attendance in Istanbul

  Holly Gregory 2: (17:41) we have not had a specific time line discussion at this level of detail

  David McAuley: (17:41) thanx

  David McAuley: (17:44) glad you brought mechanisms up Leon

  David McAuley: (17:46) sounds fine

  Leon Sanchez: (17:46) :-)

  Edward Morris: (17:50) Holly, some of our proposals concern restructuring ICANN into a membership or delegate based organization. Do you have any experience in this type of restructuring?

  Robin Gross [GNSO - NCSG]: (17:52) Q: how is workload balanced in the firm between partners and associates doing the work in this matter?

  David McAuley: (17:59) Good points Greg – I too am one who sees scales tipping in favor of advantages of having one firm

  Leon Sanchez: (18:00) +1

  Leon Sanchez: (18:02) good

  Leon Sanchez: (18:02) I like non-billing :-)

  Robin Gross [GNSO - NCSG]: (18:03) Thanks!  My concern is more about making sure the expertise is of a high level, given the stakes in this matter.

  Leon Sanchez: (18:03) Excellent point Robin

  Holly Gregory 2: (18:04) Thanks Robin

  David McAuley: (18:06) Cam has hand up

  Robin Gross [GNSO - NCSG]: (18:08) Hi Rick!  We met about a decade ago when you were in congress working on the right side of Internet issues!

  Leon Sanchez: (18:08) @Cameron we'll go to you after Rick

  Edward McNicholas, Sidley: (18:09) Sorry; did not see that Cam has joined. 

  Cameron Kerry: (18:10) thanks

  Robin Gross [GNSO - NCSG]: (18:16) thanks to the firm for taking time to speak with us!

  Samantha Eisner: (18:18) If there is a decision to engage Sidley, I can share (which I will in any event) the engagement letter that has been entered into with teh CWG, for information

  David McAuley: (18:19) Good point - thanks Sam

  David McAuley: (18:21) Thanks Leon. This was very informative and helpful – thanks to Holly and her team.

  Edward McNicholas, Sidley: (18:22) Many thanks for allowing us an opportunity to present our credentials and speak with the CCWG today.

  Edward Morris: (18:22) Thanks everybody.

  Pär Brumark (GAC): (18:22) Thank you all!

  Robin Gross [GNSO - NCSG]: (18:22) thanks, all.  bye!

  Holly Gregory 2: (18:22) thanks and good evening.