Update following ICANN53

From: Adam Peake 
Date: Friday, July 3, 2015
To: CCWG-Advisors 
Subject: [CCWG-Advisors] update - CCWG progress and ongoing work

Hi Everyone,

A week after the ICANN meeting in Buenos Aires ended, I would like to offer this update on the CCWG-Accountability's progress and ongoing work.

Overall the group is very satisfied by the response received to the recommendations made in the first proposal.  The basic approach was validated both by responses to the public comment and discussions in Buenos Aires.  The new accountability powers the group suggested were broadly supported.  While there are many details to be worked on, clarifications and suggested improvement to incorporate, overall the basic approach is sound.

However, we heard a divergence of views over the proposed creation of a formal membership body with the power to hold the ICANN Board accountable.  While many supported the notion of membership entities with enforceable legal powers, they were found by others to be too complex, inconsistent with ICANN's consensus model, too reliant on litigation, and other concerns, as well as a general sense that the membership structure was just not well understood.  At a working meeting on June 19, just before the ICANN meeting proper began, the group responded to these concerns by agreeing on a new compromise approach, a model based on the consensus processes used by ICANN's supporting organizations and advisory committees today, but with the ability to trigger more enforceable powers should the situation require it.  The group's legal counsel is currently studying the model and will provide suggestions to the group about how it might operationalized.  

What was christened the "Empowered SO/AC Model" will be one of the main topics of discussion at the group's meeting in Paris on July 17-18.  The model will be refined and if the group agrees, will be recommended as the mechanism for delivering the powers in the proposal presented in the second public comment, which will launch on 31 July 2015.  

The other main topic at the Paris meeting will be the revisions made to the main sections of the proposal considering the advice received from the public comment and meetings the group held in Buenos Aires.  

A new working party (WP3) has been created to study four topics highlighted during the public comment:  Staff and management accountability; Supporting organizations and advisory committees accountability (i.e. the notion of "watching the watchers", an issue many of you noted); The enhancement of diversity; and, Board duties, which includes fiduciary responsibilities and standards for Directors.  Your advice on all these issues would be very much appreciated.  WP3 will also consider the Mutual Accountability Roundtable concept you have been developing.  WP3 has a wiki page where you can find more information https://icann-community.atlassian.net/wiki/spaces/acctcrosscomm/pages/97717334/WP3+-+Emerging+Issues

Another topic raised in public comment responses, but particularly during discussion in Buenos Aires, is what happens after a Board recall, how can a caretaker Board be populated, how long should this new interim Board be seated, should it have any special duties, how can it quickly replace itself, etc.  Your advice on this issue of Board replacement, best practice, practical experience, pitfalls to avoid, would be very helpful as the group develops proposals for implementation of its recommendations.

Warm regards,

Adam