Attendees:

Members: Alan Greenberg, Andreea Brambilla, Becky Burr, Cheryl Langdon-Orr, Finn Petersen, Jordan Carter, Jorge Villa, Julie Hammer, Kavouss Arasteh, Leon Sanchez, Mathieu Weill, Olga Cavalli, Robin Gross, Sebastien Bachollet, Samantha Eisner, Steve DelBianco, Tijani Ben Jemaa

Participants: Alberto Soto, Anne Aikman-Scalese, Avri Doria, Barrack Otieno, Chris Wilson, Christopher Wilkinson, David Maher, David McAuley, Erich Schweighofer, Farzaneh Badii, Greg Shatan, Herb Waye, John Laprise, Julf Helsingius, Lori Schulman, Matthew Shears, Niels ten Oever, Phil Marano, Philip Corwin, Renata Aquino Ribeiro, Ricardo Holmquist, Stephen Deerhake, Tatiana Tropina, Tracy Hackshaw

Guests/Observers: Taylor RW Bentley

Staff: Berry Cobb, Bernard Turcotte, Brenda Brewer, Elizabeth Andrews, Nathalie Vergnolle, Patrick Dodson, Yvette Guigneaux

Apologies: Izumi Okutani, Thomas Rickert, Michael Karanicolas

** 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

2. Review of Agenda

3. Administration

4. Legal Committee Update

5. Updates/Presentation from sub-groups

6. WS2 Extension for FY18 (1 July 2017 to 30 June 2018)

7. Next Plenary - Wednesday 26 April 0500UTC

8. AOB

9. Adjournment

Notes

Notes (includes relevant text from chat):

34 participants at start of call 19:01

1. Introduction, update to SOIs, reminder on standards of behavior

2. Review of Agenda

Leon Sanchez - no changes

3. Administration

Leon Sanchez - (review of AI's)

Bernard Turcotte - SOAC public consultation should be up later this week.

4. Legal Committee Update

Leon Sanchez - would ask SE to walk us through this quickly.

Samantha Eisner - (walk through response document).

Lori Schulman: Well done Samantha. Concise answers to difficult questions.

Kavouss Arasteh - this reply will also help add to the Jurisdiction questionnaire - but this has to be continued in the Jurisdiction sub-group.

5. Updates/Presentation from sub-groups

HR first Reading

Niels ten Oever - (presentation of document for first reading). Accidentally dropped one of the footnotes - now fixed in the Google doc.

Niels ten Oever: https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc/edit

Kavouss Arasteh - as is the normal procedure all those from the HR sub-group should accept this is the consensus of that group and should not object at this point during this presentation.

David McAuley (RySG): Thank you Niels, agree with your take on the footnote

Mathieu Weill, ccNSO, co-chair: Great job Niels and the group...

Kavouss Arasteh - this should be the second reading.

Leon Sanchez - No this is a first reading as per our procedures.

Anne Aikman-Scalese (IPC): Thank you Niels. QUESTION: Are we going to discuss the letter from the Board re "impact of the FOI"? QUESTION

Leon Sanchez - Re the letter from the Board - Board is advising that staff to conduct an HRIA and will be providing input in the public consultation on this. Any questions (none). Congratulations to the HR subgroup.

Decision – Second half of the Human Rights document passes first reading.

Update on IRP-IOT

David McAuley - Brief update on IOT PC and then go on to EOI for panelist. Trying to stress using the list more than meetings.

David McAuley (RySG): Bylaw 4.3(j)(i) provides for an IRP standing panel of at least 7 members and then Bylaw 4.3(j)(ii)(B) goes on to provide: “ICANN shall issue a call for expressions of interest from potential panelists, and work with the Supporting Organizations and Advisory Committees and the Board to identify and solicit applications from well-qualified candidates, and to conduct an initial review and vetting of applications.”

Brenda Brewer: IRP-IOT wiki page here: https://icann-community.atlassian.net/wiki/x/0gMIBg

David McAuley (RySG): Qualifications for panelists are listed in Bylaw 4.3(j)(i) and 4.3(q)

David McAuley (RySG): Sam Eisner sent ICANN’s draft EOI to the IOT for its views (which we are working on). Sam’s mail is here: http://mm.icann.org/pipermail/iot/2017-March/000174.html

David McAuley (RySG): My comments as an IOT participant on the draft EOI are here: http://mm.icann.org/pipermail/iot/2017-April/000185.html

Mathieu Weill - good presentation thank you DM. Recommend that everyone focus on spreading the EOI as wide as possible.

Alan Greenberg - As a chair of an AC who will have to work in this process but it seems to be a complete process vacuum. Are each SOAC picking one or is it a community process?

David McAuley - EOI is not public yet it is being finalized (4 to 6 weeks). As to AG comments he is correct - Bylaws are overly perfunctory in this area. I have presented this to SOACs and the IOT agrees with me that the IOT take on an advisory role and will advise SOACs as to the steps they should be taking.

Kavouss Arasteh - What happens if the Board rejects a majority of candidates? Situation of SOACs to select these panelists is rather thin in process in procedures - we need high level guidelines for the SOAC. Lastly what do we mean by dissemination - what do we mean by this? Do not agree with DM regarding DEMONSTRATING qualifications which he does not want to require.

David McAuley - re not board not confirming - Bylaws say NOT UNREASONBLY. WRT guiding principles - the Bylaws are the Bylaws - the SO and ACs will have to agree out how they will be agreeing to select members. Dissemination is unlimited - law schools, bar associations etc.

Samantha Eisner - re AG question - selection of candidates for panel - and yes there is no process - wondering what staff could do to help with this. We still have several months prior to us providing SOACs with lists of candidates - and let us remember this will be a recurring process so we need to document the process for the future. So staff is waiting to help as requested.

Mathieu Weill - yes we need concrete process proposals to kick start this and the IOT is well positioned to help in this and would hope that the IOT would launch this discussion with some draft proposals.

Alan Greenberg - we need to involve SOACs with this ASAP. We are trying to organize ourselves for the EC but this is wider - but each SOAC has to decide this. These things take a while to get done.

David McAuley (RySG): Good suggestion Alan

Decision – Have IOT work with staff to help prepare SOACs for the task of selecting IRP panel members. This should include ensuring the chairs of all the SOACs discuss this requirement ASAP.

Update on Jurisdiction sub-group

Greg Shatan - (presentation of document)

Mathieu Weill - GS thank for this. Any questions?

Kavouss Arasteh - do not see this approach being very productive - is there any hope of any results in the short term? I see little hope - all groups will finish except this one. Do not want to reach a point of consensus by exhaustion.

Robin Gross [GNSO NCSG]: Thanks, Greg.

Anne Aikman-Scalese (IPC): REsponses to the questionnaire will be very helpful.

Cheryl Langdon-Orr (CLO): indeed if that is not progress not sure what else to call it Mathieu

Cheryl Langdon-Orr (CLO): exactly Greg, the scope issue is essential to resolve

David McAuley (RySG): +1 @CLO

matthew shears: thanks Greg and agree

Mathieu Weill - We should not underestimate the milestones reached by the group such as the response by ICANN legal and the responses to the questionnaire and we need to look at these before being pessimistic on the possible results. We need to use the issue driven approach which could generate useful outcomes. Would request a further update in a few months to see where we are. We all need to make a commitment to close this topic before the IGF discussions close.

Action Item – Greg Shatan – Provide next update on this at the 21 June plenary.

6. WS2 Extension for FY18 (1 July 2017 to 30 June 2018)

Bernie walks thru presentation of FY18 Estimates.

Initial budget for entire project was $8.8M.

FY17 current forecast is $5.3M.

FY18 estimates is $3.4M, ie should break even.

These are rough estimates at this time, given the time we had to produce these.

David McAuley - what falls under Prof Svces other than Legal?

Bernie - These are Comms costs to support final report

ACTION (Staff): prepare draft to submit comment to FY18 OP&B and notice to chartering organizations.

Mathieu Weill – Would like to thank all departments which worked to make possible on behalf of the entire CCWG-Accoutanbility.

Kavouss Arastreh - Is this information available?

Mathieu Weil - Yes, the presentation was distributed through the mailing list.

Brenda Brewer: This document will also be posted on the CCWG ACCT Meeting Wiki page here: https://icann-community.atlassian.net/wiki/x/zQoIBg

7. Next Plenary - Wednesday 26 April 0500UTC

8. AOB

(none)

9. Adjournment

Decisions:

Second half of the Human Rights document passes first reading.
Have IOT work with staff to help prepare SOACs for the task of selecting IRP panel members. This should include ensuring the chairs of all the SOACs discuss this requirement ASAP.

Action Items:

Greg Shatan – Provide next update on this at the 21 June plenary.
Staff - prepare draft to submit comment to FY18 OP&B and notice to chartering organizations.

Action Items

Documents

AC Chat

Brenda Brewer: (4/12/2017 13:26) Good day all and welcome to the CCWG Accountability Plenary Meeting #16 on 12 April 2017 @ 19:00 UTC!

Brenda Brewer: (13:32) This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6) *6 will also unmute.

Leon Sanchez: (13:53) Hello everyonre!

Ricardo Holmquist: (13:57) Good day to all

Herb Waye Ombuds: (13:58) Greetings everyone

Julf Helsingius: (13:58) Good evening

Niels ten Oever: (13:58) Hi all

Bernard Turcotte Staff Support: (13:58) hello all

Robin Gross [GNSO NCSG]: (13:59) Hi everyone!

Mathieu Weill, ccNSO, co-chair: (13:59) Helo everyone

Cheryl Langdon-Orr (CLO): (14:00) morning all

David McAuley (RySG): (14:01) Hello all, dialing in now

Julf Helsingius: (14:02) I hear a bit of distortion/echo, anyone with mic on?

Greg Shatan: (14:02) Hello, all.

Tatiana Tropina: (14:02) Hi all!

Christopher Wilkinson (CW): (14:03) Sound is intermittent.

Farzaneh Badii: (14:04) hi

David McAuley (RySG): (14:05) just getting connected

Cheryl Langdon-Orr (CLO): (14:05) excellent news Bernie! Thanks

Alan Greenberg: (14:06) Waiting over 3 minutes to get on bridge....

Greg Shatan: (14:07) Bridge is up. Large boat going through.

Mathieu Weill, ccNSO, co-chair: (14:07) Sorry Alan, tese calls are so popular ;-)

Yvette Guigneaux: (14:09) you're good to go Sam

Yvette Guigneaux: (14:09) move slides if you need them

Lori Schulman: (14:11) Apologies for the late log in

Yvette Guigneaux: (14:12) no worries, welcome Lori

Greg Shatan: (14:17) No, Leon. You may not.

Farzaneh Badii: (14:17) I wanted to make the same joke ! :)

Cheryl Langdon-Orr (CLO): (14:17) :-)

Leon Sanchez: (14:18) practical joke :P

Kavouss Arasteh: (14:19) Sam,

Kavouss Arasteh: (14:19) pls kindly make a pause

Kavouss Arasteh: (14:19) Sam ,pls kindly make a pause

Cheryl Langdon-Orr (CLO): (14:20) she will come back to the que Kavouss

Kavouss Arasteh: (14:20) Leon, pls advise Sam to kindly make pause

Alberto Soto: (14:21) Hello all! Sorry for being late

Kavouss Arasteh: (14:22) BUT SHE NEED TO KINDLY MAKE A PAUSE.-

Leon Sanchez: (14:22) Yes Kavouss, I think my sound might not be comig through

Kavouss Arasteh: (14:23) Dear co.chair, pls kindly advise her to respectfully make a opause

Lori Schulman: (14:23) Well done Samantha. Concise answers to difficult questions.

Cheryl Langdon-Orr (CLO): (14:24) thanks Sam

Anne Aikman-Scalese (IPC): (14:24) Thank you Sam - very helpful.

Samantha Eisner: (14:25) @Kavouss, thank you. There are no additional elements that I provided in my discussion to the group that are not in the document

Kavouss Arasteh: (14:25) Tks SAM

Kavouss Arasteh: (14:25) VERY USEFUL INFORMATIOON

Greg Shatan: (14:25) Thank you, Sam. We reviewed this initially in yesterday's Jurisdiction Subgroup meeting, and I expect we will have some follow-up questions.

Kavouss Arasteh: (14:26) Sorry for capè

Niels ten Oever: (14:27) https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc_edit&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=rPyrrabfG_5DjF1gwGA5n7QM--K6YxEqfHep19vQOPU&s=HxFAgDsZl5HdTnNBiFv1ZT5gRSO4Twye8oMjOnrmoUs&e=

Kavouss Arasteh: (14:31) Kavouss, I meant CAP

David McAuley (RySG): (14:32) Did a footnote get the boot?

Mathieu Weill, ccNSO, co-chair: (14:32) What ? If a footnote was dropped that might invalidate the 1st reading...

Cheryl Langdon-Orr (CLO): (14:33) now now Mathieu

Niels ten Oever: (14:33) https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc_edit&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=rPyrrabfG_5DjF1gwGA5n7QM--K6YxEqfHep19vQOPU&s=HxFAgDsZl5HdTnNBiFv1ZT5gRSO4Twye8oMjOnrmoUs&e=

David McAuley (RySG): (14:33) Thank you Niels, agree with your take on the footnote

Mathieu Weill, ccNSO, co-chair: (14:33) Great job Niels and the group...

Alan Greenberg: (14:33) "David McAuley (RySG): Did a footnote get the boot?" Is there a penalty for puns (whether good or bad) in this group?

Mathieu Weill, ccNSO, co-chair: (14:34) @Alan : the Charter says nothing about penalties

Alan Greenberg: (14:34) Or perhaps a prize!

Mathieu Weill, ccNSO, co-chair: (14:34) nor prizes

David McAuley (RySG): (14:34) a prize well considered

David McAuley (RySG): (14:34) oh well

Tatiana Tropina: (14:34) We should have prizes

Mathieu Weill, ccNSO, co-chair: (14:34) as long as they are awarded by consensus

Cheryl Langdon-Orr (CLO): (14:35) thanks Niels

Tatiana Tropina: (14:35) a prize for a good pun - joining one more drafting team.

Alan Greenberg: (14:35) :-)

Anne Aikman-Scalese (IPC): (14:35) Thank you Niels. QUESTION: Are we going to discuss the letter from the Board re "impact of the FOI"? QUESTION

Anne Aikman-Scalese (IPC): (14:37) Thank you Leon.

Anne Aikman-Scalese (IPC): (14:40) For anyone who is interested in the Board's letter to the Chairs re FOI HUman Rights - seehttps://www.icann.org/en/system/files/correspondence/crocker-to-ten-oever-et-al-07apr17-en.pdf

Greg Shatan: (14:41) I'm back.

David McAuley (RySG): (14:41) Bylaw 4.3(j)(i) provides for an IRP standing panel of at least 7 members and then Bylaw 4.3(j)(ii)(B) goes on to provide: “ICANN shall issue a call for expressions of interest from potential panelists, and work with the Supporting Organizations and Advisory Committees and the Board to identify and solicit applications from well-qualified candidates, and to conduct an initial review and vetting of applications.”

Bernard Turcotte Staff Support: (14:42) Greg we will get back to you after David

Brenda Brewer: (14:44) IRP-IOT wiki page here: https://icann-community.atlassian.net/wiki/x/0gMIBg

David McAuley (RySG): (14:46) Qualifications for panelists are listed in Bylaw 4.3(j)(i) and 4.3(q)

David McAuley (RySG): (14:46) Sam Eisner sent ICANN’s draft EOI to the IOT for its views (which we are working on). Sam’s mail is here: http://mm.icann.org/pipermail/iot/2017-March/000174.html

David McAuley (RySG): (14:46) My comments as an IOT participant on the draft EOI are here: http://mm.icann.org/pipermail/iot/2017-April/000185.html

David McAuley (RySG): (14:47) Thanks Brenda

Alan Greenberg: (14:49) My comment is not trying to catch David unawares, we have already had this discussion.

Anne Aikman-Scalese (IPC): (14:49) The panelists shall: • be impartial and independent, unaffiliated with any: contracted parties; structure or body within the ICANN Organization; or known potential or actual top level domain (TLD) applicants; • make a thorough statement of interest for assessment of potential conflicts of interest

Mathieu Weill, ccNSO, co-chair: (14:49) Absolutely, it's an important point to raise Alan

David McAuley (RySG): (14:57) excellent question Sam

David McAuley (RySG): (14:59) I agree and thank Sam for the offer of help

David McAuley (RySG): (15:00) Good suggestion Alan

David McAuley (RySG): (15:01) Thnaks Mathieu

David McAuley (RySG): (15:01) Thanks, that is

Bernard Turcotte Staff Support: (15:06) Time Check - 55 minutes left in call

Lori Schulman: (15:11) Can someone post a link to the questionnaire? I looked for it in open comments but didn't see it

Lori Schulman: (15:11) The jurisdiction questionnaire that Greg is discussing now

Lori Schulman: (15:12) issues before remedies should apply to all WGs

Mathieu Weill, ccNSO, co-chair: (15:12) https://icann-community.atlassian.net/wiki/spaces/WEIA/pages/101190154/Jurisdiction+Questionnaire

Lori Schulman: (15:12) thanks

David McAuley (RySG): (15:12) Time to dance?

David McAuley (RySG): (15:12) Thanks Greg

Tatiana Tropina: (15:12) disco! :)

Cheryl Langdon-Orr (CLO): (15:13) thanks Greg

Tatiana Tropina: (15:13) thanks Greg

Brenda Brewer: (15:15) Jurisdiction Questionnaire: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_announcement-2D2-2D2017-2D02-2D09-2Den&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=rPyrrabfG_5DjF1gwGA5n7QM--K6YxEqfHep19vQOPU&s=Tvsge3td70kJdWh9um_uEC3dlG86vpyTbo3weAIYrB8&e=

Robin Gross [GNSO NCSG]: (15:17) Thanks, Greg.

Anne Aikman-Scalese (IPC): (15:17) REsponses to the questionnaire will be very helpful.

Cheryl Langdon-Orr (CLO): (15:18) indeed if that is not progress not sure what else to call it Mathieu

Cheryl Langdon-Orr (CLO): (15:20) exactly Greg, the scope issue is essential to resolve

David McAuley (RySG): (15:20) +1 @CLO

matthew shears: (15:20) thanks Greg and agree

Cheryl Langdon-Orr (CLO): (15:21) and any further questions to ICANN Legal are delt with

Greg Shatan: (15:22) My pleasure, as always.

Lori Schulman: (15:22) I just sent an annoucement about questionnaire to INTA Internet Committee Leadership so I hope that helps your response rate for the jurisdiction brochure.

Cheryl Langdon-Orr (CLO): (15:23) great Lori

Lori Schulman: (15:23) It went to all subcommittee chairs (11) to disseminate to their teams (235)

Mathieu Weill, ccNSO, co-chair: (15:25) Thanks Lori

Olga Cavalli: (15:26) apologies for being late i was in a meeting that took much longer than expected

Lori Schulman: (15:30) within budget is a very good thing

Alan Greenberg: (15:30) Can we have control over the doc please?

Lori Schulman: (15:30) good job Bernie

Lori Schulman: (15:31) unspent money usually goes into a black hole

Lori Schulman: (15:31) not to be seen again

David McAuley (RySG): (15:32) +1 @ Mathieu

Cheryl Langdon-Orr (CLO): (15:32) thanks indeed

Leon Sanchez: (15:33) I will be leaving the AC room but remaining on the audio bridge

Leon Sanchez: (15:33) thanks everyone :-)

David McAuley (RySG): (15:34) OK - that makes sense

David McAuley (RySG): (15:34) Thanks Bernie

Kavouss Arasteh: (15:35) bERNIE

Kavouss Arasteh: (15:35) iS THIS INFO. AVAILABLE

Kavouss Arasteh: (15:36) Sorry for upper and lower mixture

Brenda Brewer: (15:36) This docuement will also be posted on the CCWG ACCT Meeting Wiki page here: https://icann-community.atlassian.net/wiki/x/zQoIBg

David McAuley (RySG): (15:36) top-notch indeed

Lori Schulman: (15:36) Repeating the thank you to Bernie and staff for putting the budget together so quickly

Robin Gross [GNSO NCSG]: (15:37) Thanks, Bernie.

Lori Schulman: (15:37) We are getting special treatment but this is a very important issue for IANN

Lori Schulman: (15:37) ICANN

Cheryl Langdon-Orr (CLO): (15:38) thanks everyone... bye for now then...

David McAuley (RySG): (15:38) Thanks Leon, Mathieu, staff and all, good bye

Herb Waye Ombuds: (15:38) Take care everyone

Bernard Turcotte Staff Support: (15:38) Bye all

Alan Greenberg: (15:38) Thanks all

Julf Helsingius: (15:38) Thanks!

Greg Shatan: (15:38) Bye all.

matthew shears: (15:38) thanks

Robin Gross [GNSO NCSG]: (15:38) Thanks, bye all!

Lori Schulman: (15:38) Thank you. Nice meeting. Happy Easter! Happy Spring!

Andreea Brambilla: (15:38) Thank you!

Alberto Soto: (15:38) Thanks!!

Enhancing ICANN Accountability - Work Stream 2

CCWG ACCT WS2 Meeting #16 (12 April @ 19:00 UTC)

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