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Members: Alan Greenberg, Becky Burr, Cheryl Langdon-Orr, Izumi Okutani, James Bladel, Jonathan Robinson, Jordan Carter, Julie Hammer, Leon Sanchez, Mathieu Weill, Pär Brumark, Robin Gross, Samantha Eisner, Sébastien Bachollet, Steve DelBianco, Suzanne Radell, Thomas Rickert, Tijani Ben Jemaa , (18)
Participants: Alissa Cooper, Andrew Sullivan, Anne Aikeman-Scalese, Avri Doria, Carlos Raul Gutierrez, Chris LaHatte, David Einhorn, David McAuley, Farzaneh Badii, Greg Shatan, James Gannon, Jonathan Zuck, Jorge Cancio, Kavouss Arasteh, Keith Drazek, Mark Carvell, Matthew Shears, Nigel Roberts, Olivier Crepin-LeBlond, Paul Szyndler, Phil Buckingham, Philip Corwin, Seun Ojedeji, Simon Jansson, Steve Metalitz, Tom Dale, Tracy Hackshaw Hackshaw (27)
Board Members: Asha Hemrajani, Bruce Tonkin, Cherine Chalaby, Chris Disspain, Erika Mann, Fadi Chehade, Ganzalo Navarro, George Sadowsky, Jonne Soininen, Markus Kummer, Mike Silber, Ram Mohan, Rinalia Abdul Rahim, Steve Crocker, Suzanne Woolf, Thomas Schneider, Wolfgang Kleinwachter (17)
Legal Counsel: Edward McNicholas, Greg Colvin, Holly Gregory, Ingrid Mittermaier, Michael Clark, Rosemary Fei
Guests: Alex Deacon, Alexandra Dans, Amy Stahos, Annaliese Williams, Ariel Liang, Barbara Wanner, Brad White, Cathy Handley, Craig Ng, David Conrad, David Payne, Dev Anand, Elise Gerich, Emily Pimentel, Gordon Chillcott, James Cole, James Baskin, Jamie Hedlund, Jim Prendergast, Joe Catapano, Kate Wallace, Kevin Espinola, Larry Strickling, Marika Konings, Michelle Bright, Miriam Miriam Sapiro, Nora Abusitta, Paul Kane, Ron Andruff, Ron da Silva, Saller Costerton, Sam Dickinson, Scott Harlan, Stephen Deerhake, Susanna Bennett, Tarek Kamel, Tyler Compton, Vinciane Koenigsfeld, Xavier Calvez
Staff: Alain Durand, Alice Jansen, Bernie Turcotte, Berry Cobb, Brenda Brewer, Grace Abuhamad, Hillary Jett, Kim Carlson, Laena Rahim, Megan Bishop, Theresa Swinehart,
Apologies: Martin Boyle, Alice Munyua
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recordings
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p1c9h62xu0c/
The audio recording is available here:
Proposed Agenda
1. Welcome and opening remarks
2. Board presents its comments and suggestions on the overall proposal
3. Walk through sections of the report where necessary
4. Discussion of the transitional phase
5. Outlook, next steps and closing remarks
Notes
Transcript
Recordings
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p1c9h62xu0c/
The audio recording is available here: http://audio.icann.org/gnso/gnso-ccwg-acct-02sep15-en.mp3
Proposed Agenda
1. Welcome and opening remarks
2. Board presents its comments and suggestions on the overall proposal
3. Walk through sections of the report where necessary
4. Discussion of the transitional phase
5. Outlook, next steps and closing remarks
Notes
CCWG/Board Dialogue Call
2 September at 22:00 UTC
Steve presented introductory remarks: http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005160.html.
Chris outlined a CCWG-Accountability Proposal Delivery Framework (see email here:http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005161.html)
- Develop Fundamental Bylaws and Process for Modification (including ICANN's Mission and Core Values; AOC reviews; Budget and Ops and Strat Plans and process for Fundamental Bylaws)
- IRP (2013 Standard of Review; commitment to work on IRP)
- Expand Reconsideration Process
- Establish new Multistakeholder Enforcement Mechanism (MEM) (challenges against Board action on fundamental Bylaws; binding arbitration process funded by ICANN)
- Community is involved in developing of Bylaws changes, and budgets, op plans and Strat plans
- Board Removal/Recall (pre-service letters)
- Bring AOC reviews into Bylaws
- Fulfill ICG Contingencies
- Institutionalize in Bylaws the current practice of Board/GAC consultation requirement used only over consensus advice
- Identify and commit to a process for defining continuous improvement work how the Board will consider those recommendations
Comments and questions:
- What are some unintended consequences? Capture is a big one.
- How are Board proposals tested or better than the CCWG proposal? The Board doesn’t propose a change to governance structure
- Enforceability is not sole reason for membership. There was motivation for legal person and binding outcome as well
- The 10-point proposal covers all elements of the CCWG proposal without the membership model for enforceability. Instead, the Board proposes a Multistakeholder Enforcement Mechanism.
- Kavouss: under existing structure, the community has no power. The Board is trying to maintain this power and using NTIA as an excuse.
- Fadi: The Board is embracing community powers and accepting binding arbitration Board is not rendering judgement on the Membership model.
- Board will move to membership model if not possible to do all the community requirements in current model.
- There is a need for the CCWG to understand what the weaknesses of its proposal are and why the Board proposal is better
- One weakness with the model is that the exact membership hasn’t been defined yet within the sole member model
- Anything perceived by the US as an increase in government role will not be accepted.
- The CCWG does not agree and understand why a shift is needed.
Actions and next steps:
- Board to provide detailed proposals in writing to the CCWG. Would be beneficial if this could come with legal analysis as well as rationale and any prior work on the impact analysis of the Board’s implementation proposal.
- Then, the CCWG will certify a request for its lawyers to review this proposal and check for CCWG and CWG requirements
- In the CCWG remit to consider what parts of the proposal need to be taken on board while remaining an open process where Board will remain engaged.
- The lawyers (ICANN, Sidley, Adler, and Jones Day) should start a dialogue to review the Board proposal.
Do we want to schedule any more calls or small group interactions or a F2F? Before the CCWG decides on this, the CCWG needs to understand the Board’s comments better.
Public statement for reporters?
- We can acknowledge that there was constructive dialogue
- The CCWG is willing to understand what Board’s recommendation is
- We need to make sure the statements today do not overturn or prematurely compromise the CCWG’s work to date
The Board will endeavor to get comments into the Public Comment Forum ASAP.
Questions
This is a repository for questions submitted via the chat (labeled <QUESTION>) . This list includes unanswered questions and is intended to help facilitators navigate through questions.
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Grace Abuhamad:@Anne -- we will post all the recordings and transcripts on the CCWG Wiki here: https://icann-community.icannatlassian.orgnet/wiki/x/xIZYAwXA7TBQ
Farzaneh Badii:I am not getting this. How is this not a new proposal !
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