Attendees:

Members: Alan Greenberg, Andreea Brambilla, Avri Doria, Cheryl Langdon-Orr, David McAuley, Finn Petersen, Fiona Asonga, Jordan Carter, Kavouss Arasteh, Leon Sanchez, Michael Abejuela, Olga Cavalli, Robin Gross, Sebastien Bachollet, Steve DelBianco, Tijani Ben Jemaa

Participants: Barrack Otieno, Daniel Nanghaka, Erich Schweighofer, Farzaneh Badii, Greg Shatan, Herb Waye, Jorge Cancio, Julf Helsingius, Keith Drazek, Khouloud Dawahi, Krishna Seeburn, Lori Schulman, Mark Carvell, Marie Marques, Niels ten Oever, Philip Corwin, Ricardo Holmquist, Stephen Deerhake, Thiago Jardim, Tomohiro Fujisaki, Wale Bakare

Observers/Guests: Collin Kurre, Dalila Rahmouni

Staff: Bernard Turcotte, Brenda Brewer, Meghan Healy, Nathalie Vergnolle, Patrick Dodson, Yvette Guigneaux

Apologies: Rosalía Morales, Renata Aquino Ribeiro, Julie Hammer, Thomas Rickert

** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **

Transcript

Recording

Agenda

Introduction, update to SOIs, reminder on standards of behavior
Review of Agenda
Administration
Legal Committee Update
Second Reading of the final recommendations of the SOAC Accountability sub-group.
Second reading of the draft recommendation of the Staff Accountability sub-group.
First reading of the draft recommendation of the Ombudssub-group
First reading of the final recommendations of the Human Rights sub-group.
Review of OFAC recommendation by Jurisdiction group.
AOB
Next Plenaries
Adjournment

Raw Caption Notes

Decisions:

Request for a Face to Face meeting at ICANN 61 approved.
Standard travel funding process for ICANN 61 approved
- Begin accepting applications Sunday 15 October
- Close applications Sunday 19 November 23:59 UTC
- Submit final list to ICANN Monday 27 November
- SO/AC Accountability Final report second reading – approved. These are now the final recommendations which will be included in the WS2 Final Report.
- Ombudsman draft recommendations first reading – approved.
- Staff Accountability draft recommendation second reading – Approved. Will now go to public consultation.
- FOI Human Rights final recommendations first reading – Approved with the dissenting opinion being bracketed as well as the final compromise position from the chat of the Adobe room. This should be resolved by the next plenary where it will be presented for a second reading.

Action Items:

Staff to request a face to face meeting the day before ICANN 61 begins.
Staff to launch travel funding process for ICANN 61 as approved.
Staff to include Ombudsman report for second reading at 18 October plenary.
Human Rights subgroup to consider compromise text to avoid dissenting opinion in report. Any such compromise should be published by 17 October 23:59 UTC to allow participants time to consider it for the 18 October plenary.
Staff to include HR-FOI report for a second reading at 18 October plenary.

Requests:

HR-FOI subgroup try to achieve consensus on compromise language that would avoid the dissenting opinion.
Next meeting: 1900UTC 18 October 2017

Documents

AC Chat

Brenda Brewer: (10/11/2017 04:58) Good day all! Welcome to CCWG Accountability Plenary Meeting #23 on 11 October 2017 @ 13:00 UTC.

Brenda Brewer: (04:58) This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6). *6 will also unmute.

Brenda Brewer: (04:59) Please state your name when speaking for captioning/transcription. Thank you!

Olga Cavalli: (05:45) Hello all from Buenos Aires!!!

RAHMOUNI Dalila: (05:47) Hello all Dalila from Paris

Tijani BEN JEMAA: (05:50) Hi there

Krishna Seeburn - Kris: (05:51) hi tijani....

Leon Sanchez: (05:51) Hello everyone

Julf Helsingius: (05:56) Hello

Julf Helsingius: (05:57) Bit of background noise

BERNARD TURCOTTe - ICANN: (05:58) Hello all

Herb Waye Ombuds: (05:59) Greetings everyone

Julf Helsingius: (05:59) Out of recording time already? :)

Jorge Cancio (GAC Switzerland): (06:00) recording is not very motivated, it seems

Alan Greenberg: (06:00) Time to a adjourn then.

Yvette Guigneaux: (06:00) hi all - no that was a dial out - no recordings started yet

Jordan Carter: (06:01) hi all!

Yvette Guigneaux: (06:01) Recording is started

Jordan Carter: (06:03) The note re the Stress Test is in the slides for this call Kavouss

Jordan Carter: (06:03) it will be discussed

Wale Bakare: (06:05) Hi all

Stephen Deerhake: (06:07) San Juan will be viable. The rest of PR, less so...

Jordan Carter: (06:20) Please mute when you are blowing your nose :-)

Leon Sanchez: (06:20) :-)

Cheryl Langdon-Orr: (06:22) so sorry to just arrive

Greg Shatan: (06:22) Hello, all. I've been on audio for awhile, but just joined AC.

Steve DelBianco: (06:22) My goodness. Thank you, Kavouss

Jordan Carter: (06:23) welcome Greg

Farzaneh Badii: (06:23) all those adjectives :)))

Farzaneh Badii: (06:23) thank you Kavouss

Julf Helsingius: (06:23) Hear, hear!

Alan Greenberg: (06:23) Thanks you Kavouss.

Alan Greenberg: (06:23) Well deserved.

Steve DelBianco: (06:23) Thank you, Kavouss, for your contributions to this work.

Krishna Seeburn - Kris: (06:23) go guys...this comes from the heart to all those who did an excellent job

Leon Sanchez: (06:24) Completely agree with Kavouss. Thanks to are great co-rapporteurs for their hard work and thanks to all the participants in the subgroup for this outstanding report

Farzaneh Badii: (06:24) nope

Daniel K. Nanghaka: (06:24) This is great and well deserved remarks

Farzaneh Badii: (06:24) I dont have anything to add

Wale Bakare: (06:24) Well done to the contributors

Cheryl Langdon-Orr: (06:25) excellent thanks

avri doria: (06:25) could i be heard

Yvette Guigneaux: (06:26) not yet Avri

Yvette Guigneaux: (06:26) working on Avri

avri doria: (06:27) mike not working will have to call in .

avri doria: (06:27) i hate AC

Yvette Guigneaux: (06:27) ok

Yvette Guigneaux: (06:27) let me know if you need a hand Avri

Lori Schulman: (06:30) Sorry for my lateness.

Alan Greenberg: (06:31) Seb. voice fading...

Finn Petersen, DK: (06:34) The recommendation concerning a panel is better now BUT….!Ok to a Panel with the following tasks:▪ Contribute to the selection process for new Ombuds which would meet thevarious requirements of the Board and community including diversity.▪ Recommending candidates for the position of Ombuds to the Board.▪ Recommending terms of probation to the Board for new Ombuds.▪ Recommend to the Board firing an Ombuds for cause.▪ Contribute to an external evaluation of the IOO every 5 years.▪ Making recommendations regarding any potential involvement of the IOO in noncomplaintwork based on the criteria listed in recommendation 11.BUT there is no need for a Panel acting as advisors, supporters or wise counsel for the Ombuds. Such a Panel might undermine the Ombudsman. What is needed is a skilled, wise and independent Ombudsman.

Finn Petersen, DK: (06:34) no audio - sorry

Olga Cavalli: (06:35) i was offline for a moment sorry

Jordan Carter: (06:36) We have an expert report suggesting that this does not undermine that function, and that it is an improvement. Presumably it is for the wise, independent ombudsman to make use of this panel *on their own choice* - it won't interfere at all, instead just being a resource

Finn Petersen, DK: (06:37) Problems are not solved in complex organizations by adding additional offices or panels to the organization, and if the tasks for the panel are unclear, it is particularly problematic

Cheryl Langdon-Orr: (06:38) yes Jordan the intended outcome is to act as resource

Jorge Cancio (GAC Switzerland): (06:38) agree with Finn

Cheryl Langdon-Orr: (06:40) clearly any risk of 'undermining' and or interference is to be avoided.

Farzaneh Badii: (06:40) the tasks are good

Farzaneh Badii: (06:41) it won't undermine it just brings oversight to ombuds. it doesnt have oversight rather than board for the moment. I don't know how effective it will be though.

Jordan Carter: (06:42) Thanks to Sebastien

Jordan Carter: (06:42) and the whole group

Jordan Carter: (06:42) for this work

Krishna Seeburn - Kris: (06:42) none

Alan Greenberg: (06:42) Well done!

Sebastien (ALAC): (06:42) Thanks all

avri doria: (06:42) will try again

Leon Sanchez: (06:43) Thank you Sebastién! Great work

Krishna Seeburn - Kris: (06:43) excellent work...and +1 ro all the work done

Lori Schulman: (06:44) Yes, nice changes

Lori Schulman: (06:44) and nice report

Farzaneh Badii: (06:44) I have to leave. thanks everyone

Cheryl Langdon-Orr: (06:45) bye Farzi

Jordan Carter: (06:46) its there

Jordan Carter: (06:47) fourth line up from the bottom

Jordan Carter: (06:48) this current slide a) to e) is pulled from the other side

Jordan Carter: (06:48) the transparency report, as Avri outlined

Cheryl Langdon-Orr: (06:50) the Avri

Leon Sanchez: (06:51) Well done!

Cheryl Langdon-Orr: (06:51) excellent!

Jordan Carter: (06:57) All, my apologies to be leaving the Adobe room - I will be on the voice call until 0400 (15 UTC)

Finn Petersen, DK: (06:59) support to Jorge's compromise solution

Mark Carvell UK GAC rep: (07:00) UK supports the Swiss position on solution just relayed to you.

Julf Helsingius: (07:02) I share David's concern

BERNARD TURCOTTe - ICANN: (07:02) Time check - 58 minutes left in call

BERNARD TURCOTTe - ICANN: (07:05) Time for speaker

BERNARD TURCOTTe - ICANN: (07:07) Greg hand/

BERNARD TURCOTTe - ICANN: (07:07) ?

Cheryl Langdon-Orr: (07:08) can we take on the friendly amendment as Jorge says.... I support that

Cheryl Langdon-Orr: (07:08) sorry in 2 calls at once

Jorge Cancio (GAC Switzerland): (07:12) sorry!!

Mark Carvell UK GAC rep: (07:12) Transcript at "indiscernible " should be corrected to read "....footnote of the FOI shouldn't be a problem."

Jorge Cancio (GAC Switzerland): (07:13) the text as formulated by Greg is this: "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities.

Cheryl Langdon-Orr: (07:14) good to hear David

Jorge Cancio (GAC Switzerland): (07:14) and the text proposed by me for the footnote on page 6 of the pdf is the following: "“3 Including, but not limited to:• Universal Declaration of Human Rights• International Covenant on Civil and Political Rights• International Covenant on Economic, Social and Cultural Rights• International Convention on Elimination of All Forms of Racial Discrimination• Convention on the Elimination of all Forms of Discrimination Against Women• Convention on the Rights of Persons with Disabilities• UN Declaration on the Rights of Indigenous Peoples• ILO’s Declaration on Fundamental Principles and Rights at Work (applicable to ICANN’s employees and workers)• The UN Guiding Principles on Businesses and Human Rights”

Jorge Cancio (GAC Switzerland): (07:14) only the last bullet is new

Cheryl Langdon-Orr: (07:18) can the footnote compromise Greg outlined now work I hope so

Cheryl Langdon-Orr: (07:18) I too am keen to find compromise language as Avri outlines

Jorge Cancio (GAC Switzerland): (07:20) The compromise would then be composed by (1) a footnote for the considerations part where the UNGP are mentioned, saying that the UNGP are relevant for business orgs; (2) the text formulated by Greg for the considerations with this wording: "the text as formulated by Greg is this: "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities."

David McAuley (RySG): (07:22) I have the same concern I expressed

Julf Helsingius: (07:23) And I agree with the concern

Greg Shatan: (07:23) @Jorge, you have accurately stated the compromise. But I am troubled by the concern that David and Julf express.

Jorge Cancio (GAC Switzerland): (07:24) @Greg: I feel there are many belts and suspenders - more with this wording

Cheryl Langdon-Orr: (07:24) I am ok with well crafted footnote can we try for acceptable language as Greg outlines

Leon Sanchez: (07:27) So maybe adding something like " ICANN could, at its sole discretion, ..." could solve it?

Jorge Cancio (GAC Switzerland): (07:27) US lawyers are too resourceful - a reason to move to less sophisticated jurisdictions (just kidding!)

Jorge Cancio (GAC Switzerland): (07:29) can't staff show the text from Greg?

BERNARD TURCOTTe - ICANN: (07:29) will take a minute

Jorge Cancio (GAC Switzerland): (07:29) "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities."

Cheryl Langdon-Orr: (07:30) not on the fly drafting, but n additional effort to see best language options to seek compromise... which is well worth the effort i'm

David McAuley (RySG): (07:33) I am happy to help in that workgroup and think maybe we can make progress

BERNARD TURCOTTe - ICANN: (07:33) 27 minutes left in call

Cheryl Langdon-Orr: (07:34) the effort will be well worth it for compromise language

David McAuley (RySG): (07:34) agree w/CLO

Cheryl Langdon-Orr: (07:35) the Bernie hood summation

Niels ten Oever: (07:36) Excellent

Cheryl Langdon-Orr: (07:36) should read thx and good

Jorge Cancio (GAC Switzerland): (07:36) thx - please include the action point in the summary :-)

BERNARD TURCOTTe - ICANN: (07:38) @Jorge - done

BERNARD TURCOTTe - ICANN: (07:39) will take a minute

Yvette Guigneaux: (07:40) working on it

BERNARD TURCOTTe - ICANN: (07:40) coming up

Yvette Guigneaux: (07:41) on screen

BERNARD TURCOTTe - ICANN: (07:42) time check - 18 minutes left in call and we need a few minutes at the end to wrap up

Stephen Deerhake: (07:42) can you make the document scrollable?

Yvette Guigneaux: (07:43) scrolling available now

Stephen Deerhake: (07:43) Thank you Yvette.

Yvette Guigneaux: (07:45) you are welcome Stephen

Andreea Brambilla: (07:51) Apologies, have to drop off for another meeting.

Cheryl Langdon-Orr: (07:54) thanks Greg

BERNARD TURCOTTe - ICANN: (07:56) thanks all

Herb Waye Ombuds: (07:56) Cheers everyone, great work

Stephen Deerhake: (07:56) Bye all.

Wale Bakare: (07:56) thanks all, bye for now

Cheryl Langdon-Orr: (07:56) good progress with all our topics today... thanks ð bye for now

David McAuley (RySG): (07:56) Good bye all

Michael Abejuela (ASO): (07:56) bye everyone, until next meeting

Julf Helsingius: (07:56) Thanks and bye!

Greg Shatan: (07:56) Bye all!

Jorge Cancio (GAC Switzerland): (07:56) bye all!

Enhancing ICANN Accountability - Work Stream 2

CCWG ACCT WS2 Meeting #23 (11 October @ 13:00 UTC)

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