Questions/Requests for Legal Counsel
- Adam Peake
- Grace Abuhamad
- Brenda Brewer
- Alice Jansen
The CCWG-Accountability engaged two law firms to advise and counsel on their work. At the time of engagement, the CCWG-Accountability created a Legal Subteam to coordinate the work of the firms.
However, on 20 June 2015, the Legal Subteam was disbanded and the relationship with the law firms was redesigned: the CCWG-Accountability Chairs, not the Legal Subteam, would have direct contact with the firms and certify requests from the group. This new method of engagement allows for more direct consultation between the leadership and the law firms while at the same time allowing for better staff-supported costs tracking. See email to the CCWG ACCT: http://mm.icann.org/pipermail/accountability-cross-community/2015-June/003510.html
Q# | Question / Request | Who certified | Date Received | Document / Response | |
|---|---|---|---|---|---|
| Request from Becky Burr to speak with Sidley as part of kickstarting IRP-IOT work | Mathieu Weill |  (no public receipt) | N/A | ||
| 109 | Request for lawyers to attend CCWG ACCT Meeting #92 (27 April @ 04:00 UTC) | Co-Chairs | (see email here) | N/A | |
 This is a follow-up to request #108 | (Chart that maps the CCWG-Accountability Final Supplemental Proposal to the April 20, 2016 draft Bylaws. Also attached is a redline to the April 7 version of the Bylaws that circulated previously) | Co-Chairs | (see email here) | ||
| This is a follow-up to request #107 | (Request from CCWG ACCT "Review of Draft Bylaws" Meeting (12 April @ 12:00 UTC) for an explanation of grandfathered agreements) | Co-Chairs | (see email here) | ||
| 108 | Request on 18 April for lawyers to produce certification of the Bylaws draft 48h after posting: http://mm.icann.org/pipermail/accountability-cross-community/2016-April/012046.html | Co-Chairs | (see email here) | Certification in email. | |
| 107 | Requests from CCWG ACCT "Review of Draft Bylaws" Meeting (11 April @ 19:00 UTC) and CCWG ACCT "Review of Draft Bylaws" Meeting (12 April @ 12:00 UTC) | Co-Chairs | (see email here) | Responses in email. | |
| 106 | Request on 7 April for redrafting of Question 29: http://mm.icann.org/pipermail/accountability-cross-community/2016-April/011851.html | Co-Chairs | (see email here) | ||
| 105 | Request for clarification around the empowered community enforcement role in Bylaws | Jordan Carter | (no public receipt) | Responses in email. | |
| 103 | Request for a chart that maps the CCWG Proposal to the draft Bylaws, showing in which Article and Section of the Bylaws a provision is addressed. | This was requested on CCWG-ACCT mailing list | (see email here) | CCWG Proposal - ICANN Bylaws Reference Map (April 5, 2016).pdf | |
| 102 | Request on 8 March for Adler/Sidley to work with ICANN on collaborative Bylaw drafting. This request includes:
| Co-Chairs | (no public receipt) | One of the results of this request included the creation of the Bylaws Coordination Group which served to track all the documents surrounding the Bylaws drafting process. The open archives are available here: http://mm.icann.org/pipermail/bylaws-coord/.
Please note that an exception was made with this request: more than three lawyers were permitted to attend the CCWG-ACCT calls so as to ensure that all resources were available to complete the work in the short timeframe. | |
| This is a follow-up to request #99 | (Legal Review of CCWG Draft) | Co-Chairs | (no public receipt) | Responses in email. | |
| This is a follow-up to request #99 | (Legal Review of CCWG Draft) | Co-Chairs | (see email here) | ||
| This is a follow-up to request #99 | (Legal Review of CCWG Draft) | Co-Chairs | |
| |
| This is a follow-up to request #99 | (Legal Review of CCWG Draft) – Edits on Recommendations/Annexes 1, 2, 11 | Co-Chairs | (see email here) | Responses in email. | |
| This is a follow-up to request #100 | (Board removal liability mitigation) | Thomas Rickert | (see email here) | ||
| This is a follow-up to request #99 | Questions from GAC certified on 6 February: http://mm.icann.org/pipermail/accountability-cross-community/2016-February/010774.html | Thomas Rickert | (see email here) | Sidley Adler Memo on Questions relating to GAC Decision-Making Feb 8, 20....docx Sidley Adler Memo on Questions relating to GAC Decision-Making Feb 8 201....pdf | |
| This is a follow-up to request #100 | (Board removal liability mitigation) | Thomas Rickert | (see email here) | CCWG Indemnification SidleyAdler Comments.pdf CCWG - Indemnification for Director Removal Participation - Sidley_Adler....docx | |
| This is a follow-up to request #99 | Request following CCWG ACCT Meeting #80 (26 January @ 19:00 UTC) for lawyers to move to finalizing recommendation 6 (human rights) consistent with the proposal discussed and comments expressed during the session (such as Alan Greenberg's). | Co-Chairs | (see email here) | Responses in email. | |
| This is a follow-up to request #99 | (Request to assess whether Bylaw language "duly taken into account" is ambiguous) (no public request) | Co-Chairs | (see email here) | Responses in email. | |
| This is a follow-up to request #99 | (On 24 January, CCWG Counsel raises issue on use of terminology and is given the Glossary for an accuracy review). See their concern explained here: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009914.html. Another follow-up email was sent on 26 January: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/010015.html. (no public request) | Co-Chairs | (no public receipt) | CCWG SidleyAdler Glossary Tracked Changes Feb 11.docx CCWG SidleyAdler Glossary Clean Feb 11.docx | |
| 101 | Request during CCWG ACCT Meeting #78 (19 January @ 12:00 UTC) for Counsel to review of Proposal to refer to 2004 ASO MOU in Mission Statement (based on concerns raised by Counsel here) | Co-Chairs | (see email here) | Responses in email. | |
| 100 | Request on 15 January on Board removal liability mitigation, to reach out to Jones Day to come up with suitable language balancing the interests of the community representatives and Board members. See email here: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009626.html. | Thomas Rickert | (see email here) | Proposed language in email. | |
 This work was not requested. | As part of a document disclosure email, the co-Chairs requested that staff publish a memo received from Counsel on 16 December regarding Director independence. This work was not requested or certified, which was why the Chairs has not referenced the information sooner. See email here: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009594.html. | Co-Chairs | Received on , but disclosed on | Director Independence in Board Comment Letter at Page 13.pdf | |
| This is a follow-up to request #97 | (Update on discussion between ICANN and CCWG Counsel) | Co-Chairs | (see email here) | Responses in email. | |
| 99 | Request on 12 January 2016, for lawyers to share high level feedback or concerns after the first reading so they can be discussed as part of the second reading meeting. Then, after second reading, provide detailed edits when appropriate. These edits will be incorporated unless they create a substantial change. In this case, new discussion on the list would take place. See instructions here: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009510.html. Updated certification on 15 January: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009641.html
| Co-Chairs (Thomas Rickert) | Received throughout the drafting process. See next column for emails and documents tracking responses on each recommendation. | High Level review phase:
Detailed review phase:
| |
| 98 | Request during CCWG ACCT Co-Chairs and Lawyers (8 January) call for Counsel to work with Jones Day to address concerns regarding whether requirements of 2/3 majority within the Board could be legally imposed. | Co-Chairs | (see email here) | Response provided in email. | |
| 97 | Request on 11 January to provide a brief assessment of whether the inclusion of Human Rights bylaws as proposed in the 3rd draft report would increase the risk of ICANN being exposed to legal claims or even law suits vis a vis the current situation (taking into account the existing obligations under article 4 of ICANNs articles of incorporation), and if so, how such risk could be mitigated. See draft email here: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009296.html. | Co-Chairs | (see email here) | Litigation Risk and Bylaws Provisions on Human Rights | |
| 96 | (Counsel request on 7 January for a call with co-Chairs to discuss role going forward) | Co-Chairs | Call took place on | See notes here: | |
| This is a follow-up to request #74 | Request on 6 January for language regarding pre service letters to mitigate the risk of litigation in case of Board removal: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009302.html | Co-Chairs | (no public receipt) | See http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009497.html | |
| This is a follow-up to request #92 | (Non-substantive comments on Third Draft Proposal – directed at staff support for proofreading and polishing of final document) | Co-chairs | (no public receipt) | Document is not publicly available | |
| This is a follow-up to request #92 | (Comments on review of Third Draft Proposal) | Co-chairs | (see email here) | CCWG - Comments on Review of Third Draft Proposal.pdf | |
| 95 | Request on 11 December to provide a memo of the following: http://mm.icann.org/pipermail/accountability-cross-community/2015-December/008798.html Bearing in mind the new Mission wording and considering what kind of provisions PICs have typically been included so far, to what extent would similar PICs be consistent with the new Mission and/or what key conditions or legal contours would they need to respect specifically to be consistent with the new Mission. | Leon Sanchez | Following an exchange on the list, this request was cancelled (see email exchange here) | N/A | |
| 94 | Request on 9 December to review the Q&A from the webinar | Leon Sanchez | (see email here) | 2 December - Webinar Q&A | |
| 93 | Request on co-Chairs/Lawyer Meeting (4 December 2015) for Counsel to update AOC review Bylaws section in light of the Draft Proposal conclusions so that it may be circulated to the full CCWG-ACCT. | Co-chairs | no public receipt initially, but eventually included in this email: http://mm.icann.org/pipermail/accountability-cross-community/2016-January/009594.html. | Sidley-Adler AoC Bylaws Comments and Edits (00743448-5xA3536).docx Sidley-Adler AoC Bylaws Comments and Edits (00743448-5xA3536).pdf REDLINE--Sidley-Adler AoC Bylaws Working Draft vs Third Proposal Language (00746111xA3536).pdf | |
| 92 | Request on CCWG ACCT Meeting #69 (24 November @ 06:00 UTC) for Sidley/Adler review of the Third Draft Proposal. | Co-chairs | (no public receipt) | CCWG-Accountability Third Draft Proposal on Work Stream 1 Recommendation....pdf CCWG Annex 1 Sidley Adler Comments.pdf CCWG Annex 2 Sidley Adler Comments.pdf CCWG Annex 3 Sidley Adler Comments.pdf CCWG Annex 4 Sidley Adler Comments.pdf CCWG Annex 5 Sidley Adler Comments.pdf CCWG Annex 6 Sidley Adler Comments.pdf CCWG Annex 7 Sidley Adler Comments.pdf CCWG Annex 8 Sidley Adler Comments.pdf CCWG Annex 9 Sidley Adler Comments.pdf CCWG Annex 11 Sidley Adler Comments.pdf CCWG Annex 12 Sidley Adler Comments.pdf Note that Counsel did not have comments on Annex 10. | |
| 91 | Changes of Articles of Association (no public request) | Thomas Rickert | (see email here) | Memo on Amendment to Articles - Nov. 23, 2015.pdf | |
| 90 | Request during CCWG ACCT Meeting #66 (10 November @ 12:00 UTC) for Counsel to review Executive Summary and to send in any edits by 10 November at 23:59 UTC | Co-Chairs | (see emails here and here) | ||
| 89 | Request on 5 November for counsel to begin drafting the required documents related to the IRP: http://mm.icann.org/pipermail/accountability-cross-community/2015-November/007550.html | Co-Chairs | no public receipt | Documents are not publicly available | |
| This is a follow-up to request #86 | (Updated memo) | Mathieu Weill | (see email here) | MemoonSoleDesignator-CEVImplementation00730666-4xA3536-0001.pdf | |
| 88 | Request during CCWG ACCT Meeting #65 (3 November @ 06:00 UTC) for Counsel to review the Human Rights Bylaw text | Leon Sanchez | (see email here) | ICANN Commitment to Human Rights-210817658-v2.pdf Change-Pro Redline - ICANN Commitment to Human Rights-210817658-v1 and I .pdf | |
| 87 | Request on 29 October to provide list of questions and suggested answers dealing with transparency issues (no public request) | León Sanchez | (see email here) | Memo. Q A on Developing Inspection Right Bylaws Provisions.pdf | |
| 86 | Request on 25 October to flesh out the way the Sole Designator would be operationalized. Provide a 2-3 page description of how the Sole Designator model would be implemented, how would the decisions be registered, conveyed, all the ministerial aspects of it. (no public request) | Mathieu Weill |
| ||
| This is part of request #79 for Counsel in Dublin | (Request on 20 October for meeting between Counsel and co-chairs to discuss: BUMP (Bottom Up Multistakeholder Process); Transparency; Separability; IRP). | Leon Sanchez |
| N/A | |
| This is part of request #79 for Counsel in Dublin | (Assistance with characteristics of models) | Co-chairs | no public receipt | N/A | |
| No action required | On 19 October, Jones Day provided a response to Counsel Request #74 memo on fiduciary duties: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006972.html. Counsel confirmed receipt here. Document: JD Response to CCWG Counsel 12 Oct. 2015 Memo (19 Oct. 2015).pdf | ||||
| 85 | Request on 19 October to investigate whether and how the articles of Association could clarify that the Purpose of the organization includes the need to promote and enhance the bottom up multistakeholder model: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/007009.html | Mathieu Weill | Presented Working Session 2 - Meeting # 62 (21 October 2015) | ||
| 84 | Does an entity that has no legal personhood (i.e., is not an unincorporated association, partnership, corporation or natural person) can enter into binding arbitration under California law or applicable federal law? | Leon Sanchez | Received on (see here) | Answer in email | |
| 83 | Request from co-Chairs to address differences between the Sole Designator Model and a Multiple Designator Model. Reference email: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006824.html | Co-chairs | Received on (see email here) | Answers in email | |
| 82 | Request from Steve DelBianco on 8 October to 1) populate table that establishes means of enforceability of Single Designator, Single Member and MEM models for the required powers; 2) draft specific language regarding the Plan B Governance Review. Discussed on Plan B Meeting #1 (8 October @ 21:00 UTC) | Leon Sanchez | Received on (see email here) | Summary Comparison of Enforcement Mechanisms by Model - Final.pdf Comparison of Enforcement Mechanisms by Model- Final.pdf 3 COLUMN Summary Comparison of Enforcement Mechanisms .pdf CCWG Slides--Community Powers with Opportunity for Future Governance.pdf | |
| 81 | Request from Izumi Okutani on 8 October to answer the following questions:
Reference email: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006517.html | Leon Sanchez with an update from Mathieu Weill here. | Received on (see email here) | Answers in email | |
| No action required | This is a follow-up to request #73 sent by Samantha Eisner to the CCWG-Accountability on 8 October. The note from Jones Day (and email here): Dear CCWG, As Holly noted in her cover email, CCWG Counsel's "Comparison of Independent Review Processes" was provided to Jones Day in advance of it being circulated to the CCWG. In the interests of transparency, please note that Jones Day did not provide line edits identifying the areas of disagreement with CCWG Counsel, but instead provided the attached memorandum for CCWG Counsel's consideration. CCWG Counsel did not revise its Comparison document to reflect the thoughts set forth in the attached Jones Day memo. Sidley/Adler understood that this memo would be shared with the CCWG after their Comparison document was circulated." Document: Oct. 7, 2015 Memo re Enforceability of Binding Arbitration.pdf | ||||
| 80 | Request on 7 October from Jordan Carter for Counsel to attend the WP1 calls on 8-9 October (no public request) | Leon Sanchez | Received on no public confirmation | Sidley attendees: Holly Gregory (8 and 9 October), Michael Clark (8 October) Adler attendees: Ingrid Mittermaier (8 October), Rosemary Fei (8 October); Stephanie Petit (9 October) | |
| This is a follow-up to request #66 | (Updated and corrected documents) | Co-chairs | Received on (see email here) | Memo Comparison of Board Proposal to CCWG 2nd Draft Proposal-210150807- .docx (00717263xA3536).docx Memo - Comparison of Board Proposal to CCWG 2nd Draft Proposal (00720562xA3536).pdf | |
| 79 | Request by CCWG Counsel on 6 October for additional lawyers' attendance in Dublin. no public request For Sidley: Ed McNicholas | For Adler: Steven Chiodini | Co-chairs | Confirmed on no public confirmation | N/A | |
| 78 | Request during CCWG ACCT Meeting #58 (6 October @ 06:00 UTC) for a briefing call on "Plan B" | Co-chairs | Completed on | Plan B Meeting #1 (8 October @ 21:00 UTC) | |
| 77 | Request from ICANN Board member on CCWG ACCT Meeting #58 (6 October @ 06:00 UTC) | This work was not requested or certified. | Received on (see email here) | Answers in email and reference to documents provided in Request #66. | |
| 76 | Request on 6 October for a series of requests tracked as
Reference email: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006278.html | Leon Sanchez |
| CCWG_ Memo re Default Judgment and Arbitration (Final).pdf | |
| This is a follow-up to request #59 | Request during CCWG ACCT Meeting #58 (6 October) to begin drafting AoC reviews bylaws | Leon Sanchez | Received on (no public receipt) | AoC Bylaws Markup .pdf | |
| 75 | Request during CCWG ACCT Meeting #58 (6 October) to identify whether ICANN has a designator model. Under ICANN's current structure, do SOs and ACs have legal rights to select directors in line with designator rights under the California statute? | Leon Sanchez | Received on (see email here) | Memo- Current Corporate Status of ICANN under California law.pdf | |
| 74 | Request during CCWG ACCT Meeting #58 (6 October) to address:
| Leon Sanchez | Received on (see email here) | Responses to Questions Concerning Director Fiduciary Duties under California Corporate Law (00722517xA3536).pdf | |
| 73 | Request to compare current Independent Review Process (IRP), IRP in CCWG 2nd Draft Proposal under the Community Mechanism as Sole Member (CMSM) Model and ICANN Board Proposal re IRP and Multistakeholder Enforcement Mechanism (MEM) |
|
These documents were also shared with Jones Day (see email here). | Sidley Adler Memo - Comparison of Review Processes (October 7, 2015).pdf Memo - Comparison of Current IRP IRP in CCWG 2nd Draft Propsal and ICANN....docx | |
| This is a follow-up to request #67 | (Counsel replies to emails on mailing list) | Co-chairs |
| Answers provided in email | |
| 72 | Request by Jordan Carter on 4 October for an advocacy request on par with the Jones Day memo: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/006153.html | Jordan Carter | Request not sent to the legal counsel. | N/A | |
| No action required | CCWG Counsel receives memo from Jones Day on 2 October and shares with full group for transparency (see email here). Document was also shared by support staff (see email here). Document: High Level Response to CCWG Counsel's 29 September 2015 Slides (Draft of 1 Oct. 2015).pdf | ||||
| 71 | Request by Jorge Cancio on 1 October for Counsel to discuss fiduciary duties: "is there any means under Californian Law (or other US jurisdictions…) that would allow to subject the exercise of fiduciary duties to objective standards? (e.g. be it through concretizing these duties in the Bylaws, subjecting them to arbitration, imposing special requirements on the rationale needed to be provided if they are used to override community decisions, or, for instance, imposing extra-supermajorities in the Board in order to being able to invoke such duties?)." Certified during CCWG ACCT Meeting #58 (6 October @ 06:00 UTC) | León Sanchez | Received on (see email here) | Responses to Questions Concerning Director Fiduciary Duties under California Corporate Law (00722517xA3536).pdf | |
| 70 | Request on 1 October for Counsel to provide information on/summaries of their meetings with ICANN Legal and Jones Day: http://mm.icann.org/pipermail/accountability-cross-community/2015-October/005949.html | Leon Sanchez |
| N/A | |
| This is a follow-up to request #69 | (Question from Kavouss Arasteh to Rosemary Fei) | Leon Sanchez | Received on (see email here) | Answers provided in email | |
| 69 | Request on 30 September from Rafael Perez Galindo for an answer on liability in GAC participation in models: http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005864.html "In conclusion, I kindly ask the Co-Chairs to forward these questions to the CCWG legal advisors about (1) ability, (2) legal implications and (3) liabilities of governments if they took part as voting members in the community mechanism to be deployed under CA jurisdiction. An answer should be provided for the three models under discussion (SMM, Single designator and MEM)." Certified during CCWG ACCT Meeting #58 (6 October @ 06:00 UTC) for references to memos to be sent | Leon Sanchez |
| Answers provided in email | |
| 68 | Request on 28 September to confirm whether the following statement is a correct understanding of the legal advice provided: "as I understand the legal advice we have received from our own independent legal counsel, it is to disagree with your professional opinion as stated below" http://mm.icann.org/pipermail/accountability-cross-community/2015-September/005695.html | Mathieu Weill | Received response to request #76 on (see email here). | Document listed in request #76 and copied here: CCWG_ Memo re Default Judgment and Arbitration (Final).pdf | |
| 67 | Request on 25 September for memo/chart that discusses how the Sole Member can be constrained in exercising statutory powers no public request | Co-chairs | Received on (see email here) | CCWG Memo_ Constraining the Exercise of Statutory Rights (00719283xA3536....pdf | |
| This is a follow-up to request #66 | Request on CCWG ACCT Meeting #53 (15 September @ 06:00 UTC) to review the MEM | Co-chairs | Received on (see email here) | Revised Slides - Key Characteristics Comparison. CMSM, CMSD, and Board Proposal.pptx | |
| This is a follow-up to request #66 | Request on CCWG ACCT Meeting #53 (15 September @ 06:00 UTC) to review the MEM | Co-chairs |
| Memo Comparison of Board Proposal to CCWG 2nd Draft Proposal_corrected version.26 Sept 2015.pdf | |
| 66 | Request on CCWG ACCT Meeting #53 (15 September @ 06:00 UTC) to review the MEM | Co-chairs | Received on (see email here) | Memo - Comparison of Board Proposal to CCWG 2nd Draft Proposal.pdf Comparison CCWG 2nd Draft Proposal_ICANN Board Proposal (Sept22,2015).pdf Key Characteristics Comparison - CMSM and Board Proposal.pdf | |
| This is a follow-up to request #64 | (Review of Jones Day Analysis from Sidley & Adler) | Co-chairs | Received on no public receipt | ICANN CCWG JD Analysis September 3, 3.45pm.pdf Note: Sidley shared this document to Jones Day following publication to CCWG list. | |
| 65 | Request for Counsel Dialogue Call on CCWG Proposal on 3 September between ICANN Legal, Jones Day and CCWG Legal Counsel no public request Document shared for call: Memo Re MEM.pdf | Co-chairs | Received on no public receipt | N/A | |
| 64 | Request on 28 August to provide a high level review of Jones Day Analysis from Sidley & Adler no public request Related document: Jones Day Analysis | Mathieu Weill | Received on (see email here) | ICANN CCWG Memo_ High Level Review of Jones Day Impact Analysis.pdf Note: Sidley shared this document to Jones Day following publication to CCWG list. | |
| 63 | Request on 31 August to review questions from Webinar no public request Related document: Q&A Webinar - Draft - 31 Aug.docx Note: Follow up email was sent on 11 September. | Leon Sanchez | Received on but not posted publicly until (see email here) | ||
| 62 | Request on 28 August to join Chairs' prep call in advance of Board calls no public request | Thomas Rickert | Received on | N/A | |
| 61 | Request on 28 August to join CCWG Briefing to the Board (31 August @ 22:00 UTC) and CCWG/Board Dialogue Meeting (02 September @ 22:00 UTC) | Leon Sanchez | Received on | Sidley attendees: Holly Gregory, Michael Clark, Edward McNicholas, Adler attendees: Ingrid Mittermaier, Nancy McGlamery, Rosemary Fei, Greg Colvin | |
| 60 | Request on 28 August to join CCWG Meeting with Advisors (31 August @ 13:00 UTC) | Thomas Rickert | Received on | Sidley attendees: Holly Gregory, Michael Clark Adler attendees: Stephanie Petit, Rosemary Fei | |
| 59 | Request on 28 August to start work with ICANN Legal on Bylaws Drafting. This is a follow up from the ICANN Legal Letter from CCWG-Accountability co-Chairs (19 August 2015). | ||||
| 58 | (Following the series of emails exchanged on the Bylaws Matrix and the Approve or Veto terminology, Counsel provided clarifications on the wording): http://mm.icann.org/pipermail/accountability-cross-community/2015-August/005072.html | This work was not requested or certified. | Received on no public receipt | Answers in email, but there is no public archive of this email.
| |
| No action required. | Initiation of the Bylaws Drafting process on 19 August via ICANN Legal Letter from CCWG-Accountability co-Chairs (19 August 2015) | Co-Chairs | No action required. Shared with CCWG Legal Counsel for information only at this stage. | ||
| 57 | Request on 11 August to provide legal advice on questions asked during 7 August webinar no public request Attachment: 7 Aug webinar Qs .docx | Leon Sanchez | Received on no public receipt | ICANN Memo_ Responses to Questions Certified on August 11, 2015.pdf | |
| 56 | Request on 1 August for review of updated Glossary no public request | Leon Sanchez | Received on no public receipt | Counsel edits to Glossary (August 1) (00700980xA3536).pdf | |
| This is a follow-up to request #50 | Request on 28 July for review of IRP chapter for publication | Co-Chairs | Received on (see email here) | Change-Pro Redline - REVIEW of IRP.pdf | |
| 55 | Following CCWG ACCT Meeting #47 (30 July) or CCWG ACCT Meeting #46 (30 July), Adler provided Jordan Carter with reference to documentation on Board removal. no public request | This work was not requested or certified. | Received on no public receipt | Answers in email, but there is no public archive of this email. | |
| 54 | Request on 30 July for review of revised slides for publication no public request | Co-chairs | Received on no public receipt | A C Comments to XPLANE Visual Summary 7-29-15 (00699965xA3536).pdf | |
| This is a follow-up to request #50 | Request on 28 July for review of additional chapters for publication | Leon Sanchez | Received on no public receipt | Glossary - w- terminology correction (00699865xA3536).pdf Lawyers Comments on Executive Summary-209405333-v3.pdf Change-Pro Redline - Lawyers Comments on Executive Summary-209405333-v1 .pdf Lawyer Comments on 4 IRP (July 28 Checklist)-209401304-v3.pdf Change-Pro Redline - Lawyer Comments on 28 July IRP Checklist-209401304- .pdf | |
| This is a follow-up to request #50 | Request on 28 July for review of additional chapters for publication | Leon Sanchez | Received on no public receipt | Lawyers Comments 5A-Community-Mechanism-209402225-v4.pdf Change-Pro Redline - 5A-Community-Mechanism-Descr-FinalDraft msah-209402 .pdf Lawyers Comments_ 5A2-Community-Mechanism-Voting-PenultimateDraft (0069 .pdf | |
| 53 | Request on 28 July for feedback on voting thresholds no public request | Jordan Carter | Received on no public receipt | Answers in email, but there is no public archive of this email. | |
| 52 | Request on 27 July for an explanatory table on statutory rights no public request | Leon Sanchez | Received on no public receipt | Chart of Mandatory Statutory Member Rights Relevant to CMSM | |
| 51 | Request on 27 July for Counsel to address question: "What, if any, obligations towards human rights does ICANN currently have by virtue of it's status as a U.S. government contractor that would not exist as an independent entity?" http://mm.icann.org/pipermail/accountability-cross-community/2015-July/004494.html | Leon Sanchez | Received on (see email here) | Memo_ ICANN Human Rights Obligations.pdf | |
| 50 | Sidley comments on the documents for publication. Request on 20 July: "As discussed we will be sending our next draft documents for your review on Friday the 24th so you will then have the weekend to read and suggest edits, hopefully sending the drafts back to us on the 27th before the freeze on the 28th." | Leon Sanchez | Received on (see emails here and here) | Section 2 Accountability Mechanisms.pdf Section 2 SO-AC Accountability.pdf Section 3B Fundamental Bylaws.pdf Section 4.2 Reconsideration Process Enhancement.pdf Section 5A Community Mechanism.pdf | |
| 49 | Request on 19 July for Counsel to provide a redline of the Board recall chapter (5B.4) for WP1. Attendance on WP1 call as well. no public request | Jordan Carter | Received on no public receipt | Community Power 5.6- Recalling ICANN Board.pdf | |
| 48 | Response to Samantha Eisner's document on 501c3 Status and Director Independence no public request | This work was not requested or certified. | Received on (see email here) | Answers provided in email | |
| 47 | (Sidley's comments on the Fulfillment of Requirements draft) no public request | This work was not requested or certified. | Received on (see email here) | Fulfillment of Requirements_Sidley.docx | |
| 46 | (Options for Board Replacement in the Event of Full Board Recall, presented face-to-face meeting, Paris) no public request | Co-Chairs | Received on no public receipt | Options for Board Replacement in the Event of Full Board Recall | |
| 45 | Request for Counsel to provide a short response (in the form of bullet points rather than a memo) to the ARIN legal assessment. no public request | Co-Chairs | Received on (see email here) | Response to Draft ARIN Memo.pdf | |
| 44 | (Revised Description and Comparison of Empowered SO/AC Membership and Designators Models, presented face-to-face meeting, Paris) no public request |  Requested by ? | Received on no public receipt | Revised_ Empowered SO_AC Membership & Designator Models with CM as Sole | |
| 43 | Slides with description and comparison of Empowered SO/AC Membership and Designators Models for CCWG-ACCT Meeting #39 (July 7) | Requested by ? | Received on (see email here) | Description and Comparison of _Empowered SO_AC Membership and Designator....pdf Description and Comparison of _Empowered SO_AC Membership and Designator....pptx | |
| On 20 June, the Legal Subteam was disbanded and the relationship with the law firms was redesigned: the CCWG-Accountability Chairs, not the Legal Subteam, would have direct contact with the firms and certify requests from the group. This new method of engagement allows for more direct consultation between the leadership and the law firms while at the same time allowing for better staff-supported costs tracking. See email to the CCWG ACCT: http://mm.icann.org/pipermail/accountability-cross-community/2015-June/003510.html | |||||
| This is a follow-up to request #42 | (Response to the two follow-up questions concerning unincorporated associations) | Requested by ? | Received on no public receipt | Responses to Two Follow-up UA Questions | |
| From this point forward, there is no public archive for tracking of requests. Work received is tracked based on when it is posted to the CCWG-ACCT mailing list. | |||||
| This is a follow-up to request #31 | Request on 30 April to answer Samantha Eisner's questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000415.html | Leon Sanchez | Received on (see email here) | Executive Summary to Member Rights Memorandum | |
| 42 | Request on 11 June for responses to Jorge Cancio and Damien Coudeville: http://mm.icann.org/pipermail/ccwg-accountability5/2015-June/000521.html | Greg Shatan | Received on (see email here) | Responses to Two Questions Concerning Unincorporated Associations | |
| This is a follow-up to request #41 | Request on CCWG Leadership and Lawyers (5 June) to provide a Legal Assessment: Executive Summary & Chart, Designator, Member, and Voluntary Model | Requested during CCWG Leadership and Lawyers (5 June) | Received on (see email here ) | Updated Legal Assessment: Revised Summary Chart and Governance Chart | |
| 41 | Request on CCWG Leadership and Lawyers (5 June) to provide a Legal Assessment: Executive Summary & Chart, Designator, Member, and Voluntary Model | Requested during CCWG Leadership and Lawyers (5 June) | Received on (see email here) | Legal Assessment: Revised Summary Chart and Governance Chart | |
| 40 | Request on CCWG Leadership and Lawyers (5 June) for responses to questions from the Governmental Advisory Committee (GAC) | Requested during CCWG Leadership and Lawyers (5 June) | Received on (see email here) | Responses to CCWG GAC Questions | |
| 39 | Request on CCWG Leadership and Lawyers (5 June) call to catalogue issues requested on CCWG call | Requested during CCWG Leadership and Lawyers (5 June) | Received on (see email here) | Cataloging of Issues - Enforceability and Unincorporated Associations | |
| 38 | (comments on a UA document) | This work was not requested. |
| FAQsonUnincorporatedAssociationsasof5-21-15-comments.pdf | |
| 37 | Request on 13 May for consideration and response of Rafael Perez Galindo's questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-May/000506.html | Greg Shatan | Received on (see email here) | Responses to Pérez on Unincorporated Associations | |
| 36 | Request on 11 May for response to a question on Swiss law: http://mm.icann.org/pipermail/ccwg-accountability5/2015-May/000492.html | Leon Sanchez | Request put on hold due to opposition on list: http://mm.icann.org/pipermail/ccwg-accountability5/2015-May/000502.html. | Initial answers provided in email here | |
| 35 | (Legal counsel's comments on CCWG proposal version 10 with redline track changes) | Requested by ? | Received on (see email here) | Legal Team Comments on v10 Proposal clean | |
| 34 | Request on 2 May for an updated memo on UAs: http://mm.icann.org/pipermail/ccwg-accountability5/2015-May/000474.html. | Jordan Carter | Received on (see email here) | Revised memo on unincorporated associations Updated 3 May: REVISED Memo on Unincorporated Associations May 3, 2015.pdf | |
| 33 | (Legal counsel's comments on the XPLANE presentation – Legal SubTeam Meeting #14 (29 April)) | Requested by ? | Received on (see email here) | Comments to the 1XPL CCWG Illustrated Concepts | |
| 32 | Request on 1 May for a call to clarify role of UAs: http://mm.icann.org/pipermail/ccwg-accountability5/2015-May/000439.html | Leon Sanchez | Received on (see email here) and call notes at Legal SubTeam Meeting #15 (1 May). | Sidley attendees: Miles Fuller, Sharon Flanagan, Tyler Hilton Adler attendees: Rosemary Fei, | |
| This is a follow-up to request #14 | Request on 29 April for an update to Annex B-7 of the document of April 23, 2015. | Requested during Legal SubTeam Meeting #14 (29 April) | Received on (see email here) | Update - Legal Assessment: Executive Summary, Summary Chart and Revised Governance Chart | |
| 31 | Request on 30 April to answer Samantha Eisner's questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000415.html | Leon Sanchez | Received on (see email here) | Response to questions from Samantha Eisner, Member Rights Chart | |
| 30 | Request on 29 April for definitions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000412.html | Leon Sanchez | Received on (see email here) | Answers provided in email | |
| 29 | Request on 29 April to comment on the CCWG draft proposal V9: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000411.html | Greg Shatan |
| Legal Counsel comment of CCWG draft proposal | |
| 28 | (Markup of Jordan's document) | Requested by ? | Received on (see email here) | Answers provided in email | |
| 27 | Chairs held a call on 28 April with legal counsel to discuss implementation timeline: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000385.html | Leon Sanchez | Call took place on | No documents were published as part of this call. | |
| 26 | Request on 25 April to respond to Avri Doria's questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000379.html. Clarification here. | Greg Shatan | Received on (see email here) | Please see responses to request #34 | |
| 25 | Request on 24 April to respond to James Gannon question: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000376.html | Leon Sanchez | Received on (see email here) | Please see responses to request #34 | |
| 24 | Request on 23 April for Member/Designator Model FAQs: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000367.html | Leon Sanchez |
| Response to Questions Re: Unincorporated Associations | |
| 23 | Request on 23 April to address NomCom's legal role and status and relation to the CCWG proposal. | Requested during Legal SubTeam Meeting #13 (23 April) | Received on | Nominating Committee: Legal Role and Status | |
| 22 | Request on 23 April to review the chart of community powers: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000356.html | Leon Sanchez | Received on (see email here) | Overview of Community Powers. Comments and suggested edits in Track Changes | |
| 21 | (Responses to questions from Malcolm Hutty) | Requested by ? | Received on (see email here) | Sidley-Adler - Memo (IRP Template Response).pdf | |
| This is a follow-up to request #14 | (An executive summary of the information provided in the Memorandum and Governance Chart provided on April 20, 2015) | Requested during Legal SubTeam Meeting #12 (22 April) | Received on (see email here ) | Legal Assessment: Executive Summary, Summary Chart and Revised Governance Chart | |
| 20 | Request on 21 April to answer questions from Chris Disspain: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000331.html | Leon Sanchez | Received on (see email here) | Answers provided in email | |
| 19 | Compiled list of legal questions on 17 April: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000299.html. Document: LegalQuestions16-04-15-0001.xlsx (PDF) | Leon Sanchez | Pending answers from this compiled list were provided in the memo on UAs (see request #23) | See request #23 | |
| 18 | Request on 17 April to respond to Edward Morris' question on OFAC licensing: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000298.html | Leon Sanchez | Answered according request #19 | See request #19 | |
| 17 | Request on 16 April for response on IRP question: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000285.html | Leon Sanchez | Received on (see email here) | Answers provided in email | |
| 16 | Request on 16 April for responses to questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000269.html | Leon Sanchez | Answered according request #19 | See request #19 | |
| 15 | Request on 16 April to review WP2 templates: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000268.html. Follow up on 17 April: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000300.html | Leon Sanchez | Received on (see email here) | 21April Legal Assessment_ Proposed Accountability Mechanisms Preliminary Respons....pdf | |
| 14 | Request on 15 April to review Robin's table: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000240.html. Request followed call on 15 April. | Leon Sanchez | Received on (see email here) | Legal Assessment_ Governance Chart.pdf | |
| 13 | Request for attendance during High Intensity meetings: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000236.html. Clarification here. | Leon Sanchez | Received. | Sidley attendees: Colleen Brown (5), Ed McNicholas (3), Holly Gregory (5), Janet Zagorin (1), Josh Hofheimer (5), Michael Clark (6), Miles Fuller (4), Sharon Flanagan (2), Tyler Hilton (4), Adler attendees: Ingrid Mittermeier (4), Greg Colvin (2), Stephanie Petit (2), Steve Chiodini (2) | |
| 12 | Request for pre-meeting in advance of WP1 Meeting #9 (13 April): http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000189.html | Greg Shatan | Received. | This was a private meeting, so no attendees were recorded. | |
| 11 | Request for attendance on WP1 Meeting #10 (15 April): http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000187.html | Greg Shatan/ Jordan Carter |
| Sidley attendees: Holly Gregory, Janet Zagorin, Josh Hofheimer, Michael Clark, Sharon Flanagan, Adler attendees: Ingrid Mittermaier, Stephanie Petit, Rosemary Fei, Steven Chiodini | |
| 10 | Request submitted on 9 April for answers to questions by Pedro Ivo Da Silva: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000172.html | Greg Shatan | Received on (see email here) | Memo_SamanthaEisnerandPedroIvoFerrazdaSilvaQuestions.docx | |
| 9 | Request for attendance on CCWG ACCT Meeting # 22 (14 April) to provide a presentation on structures and mechanisms available to the CCWG-Accountability: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000170.html. Clarification from counsel here, and response here. | Greg Shatan | Received | Sidley attendees: Ed McNicholas, Holly Gregory, Michael Clark, Sharon Flanagan, Tyler Hilton, Adler attendees: Greg Colvin, Stephanie Petit, Rosemary Fei, Steve Chiodini, Presentation delivered on the call: ICANN CCWG - Presentation Slides.pdf | |
| 8 | Question from Eberhard Lisse "what gives the US government the right to control the root?" | Eberhard Lisse | Question not sent to the legal counsel. The legal sub-group did not see the direct linkage between the question and Work Stream 1 or accountability. Decision made legal sub-team call 8 April 2015. | N/A | |
| 7 | Request submitted on 8 April to respond to Samantha Eisner's questions on Sidley Austin analysis: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000167.html | Greg Shatan | Answered according request #19 | See request #19 | |
| 6 | Request submitted on 8 April to respond to Samantha Eisner's questions on Adler Colvin analysis: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000166.html | Greg Shatan | Received on (see email here) | Memo_SamanthaEisnerandPedroIvoFerrazdaSilvaQuestions.docx | |
| 5 | Request submitted on 8 April for review and comments on the ARIN memorandum: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000164.html | Greg Shatan | Received on (see email here) | ARIN Response Memo | |
| This is a follow-up to request #4 | Updated analysis of the viability of various accountability mechanisms and powers under consideration by CCWG-Accountability. | Requested by Robin Gross? | Received on (see email here) | Updated Sidley Austin, Adler & Colvin Joint Preliminary Analysis | |
| 4 | Request submitted on 7 April for review of WP1 document: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000155.html | Greg Shatan | Received on (see email here) | Sidley Austin, Adler & Colvin Joint Preliminary Analysis | |
| Following a Legal Subteam call, the group agreed on a coordination process for the two firms: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000131.html. | |||||
| 3 | Request for attendance on CCWG ACCT Meeting # 20 (31 March) to provide overview of preliminary responses: http://mm.icann.org/pipermail/ccwg-accountability5/2015-March/000072.html | Leon Sanchez | Received on (see email here from Sidley and here from Adler) | Sidley attendees: Holly Gregory; Michael Clark; Joshua Hofheimer Adler attendees: Stephanie Petit; Rosemary Fei | |
| Process clarification to ensure that all questions directed to legal counsel come from the Legal Subteam: http://mm.icann.org/pipermail/ccwg-accountability5/2015-March/000064.html. | |||||
| 2 | Request submitted on 24 March to Adler Colvin for preliminary response to questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-March/000054.html. Updated request submitted on 4 April: http://mm.icann.org/pipermail/ccwg-accountability5/2015-April/000142.html. | Leon Sanchez | Received on (see email here) | Adler Colvin Preliminary Responses (00663636xA3536).pdf | |
1 | Request submitted on 24 March to Sidley Austin for preliminary response to questions: http://mm.icann.org/pipermail/ccwg-accountability5/2015-March/000055.html. | Leon Sanchez | Received on (see email here) | Sidley Preliminary Draft Responses to CCWG Legal Sub-team Questionnaire.pdf | |