- Adoption of a Charter for a Cross Community Working Group on Enhancing ICANN Accountability
Made by: Thomas Rickert
Seconded by: Avri Doria
- The National Telecommunications and Information Administration (NTIA) has requested that ICANN “convene a multistakeholder process to develop a plan to transition the U.S. government stewardship role” with regard to the IANA Functions and related root zone management.
- During discussions around the transition process, the community raised the broader topic of the impact of the change on ICANN's accountability given its historical contractual relationship with the United States and NTIA. Accountability in this context is defined, according to the Netmundial multistakeholder statement, as the existence of mechanisms for independent checks and balances as well as for review and redress.
- The concerns raised during these discussions around the transition process indicate that the level of trust into the existing ICANN accountability mechanisms does not yet meet some stakeholder’s expectations. Considering that the NTIA has stressed that it was expecting community consensus regarding the transition, this gap between the current situation and stakeholder expectations may prevent the transition to proceed.
- A DT was formed with participants, amongst others, from the ccNSO, GNSO, ASO and ALAC to develop a charter for a Cross Community Working Group on Enhancing ICANN Accountability.
- The DT delivered the proposed charter for consideration to all the ICANN Supporting Organizations and Advisory Committees for consideration (see:
- The GNSO Council approves the Charter
- Each GNSO Stakeholder Group will identify one member for the CWG by 20 November taking into account the charter requirement that best efforts should be made to ensure that members:
- Have sufficient expertise to participate in the applicable subject matter (see for example https://www.icann.org/resources/pages/enhancing-accountability-faqs-2014-08-22-en#12 for areas identified for expertise);
- Commit to actively participate in the activities of the CWG on an ongoing and long-term basis; and
- Where appropriate, solicit and communicate the views and concerns of individuals in the organization that appoints them.
- The GNSO will collaborate with the other SOs and ACs to issue a call for observers to join the CWG, each in accordance with its own rules.
2. Changes to GNSO Operating Procedures & Working Group Guidelines to Address Issues relating to Waiver of Motion Deadlines, GNSO Council Voting Outside a Council Meeting & Working Group Consensus Levels
Made by: Avri Doria
Amended by: Amr Elsadr
Seconded by: Gabriela Szlak
- The GNSO Council has determined that:
- the current GNSO Operating Procedures do not contain a specific provision on waiving the deadline to submit a motion for voting by the GNSO Council;
- the current GNSO Operating Procedures also do not contain a specific provision that permits the Council to vote outside a meeting; and
- the language relating to Consensus Levels in the current GNSO Working Group Guidelines, which form Annex I of the GNSO Operating Procedures, may require further clarification.
- The GNSO Council requested the Standing Committee on Improvements Implementation (SCI) to consider:
- whether there should be a modification to the GNSO Council Operating Procedures to address the issues of waiving the deadline for submission of a motion and allowing the Council to vote outside a meeting; and
- whether the language relating to Consensus Levels in the GNSO Working Group Guidelines requires clarification.
- The SCI developed language to be inserted in Section 3.3 (Notice of Meetings) of the GNSO Operating Procedures that provide for a waiver of the prescribed deadline for the submission of a new motion for voting by the GNSO Council in certain circumstances provided certain specified criteria are met. This recommendation will not affect the rules regarding the resubmission of a motion approved and added to section 4.3 of the GNSO Operating Procedures in March 2014.
- In addition, the SCI developed procedures to be added as a new Section 4.10 (Voting Outside A Meeting) to the GNSO Operating Procedures that provide for the GNSO Council to be able to vote outside a meeting in certain circumstances provided certain specified criteria are met.
- The SCI also developed clarifying language in the form of a footnote be added to the Consensus Levels definitions in the GNSO Working Group Guidelines, pending a fuller review of all the GNSO Working Group Guidelines, which the SCI also recommends.
- The revised GNSO Operating Procedures, including the proposed additions to the Working Group Guidelines, were put out for public comment for a period of a minimum of 21 days beginning on 17 September 2014 and ending on 08 October 2014 (see https://www.icann.org/public-comments/gnso-op-procedures-2014-09-17-en), as required by the ICANN Bylaws.
- As there were no comments received in the public forum the SCI deemed that no further changes were necessary nor was a public comment reply period needed.
- The GNSO Council adopts the revised Operating Procedures including the new provisions concerning the waiver of deadline for motions submitted for voting by the Council and the ability of the Council to vote outside a meeting - see https://www.icann.org/en/system/files/files/motion-waiver-proposal-16sep14-en.pdf and https://www.icann.org/en/system/files/files/outside-voting-proposal-16sep14-en.pdf respectively;
- The GNSO Council adopts the additional footnote language clarifying the Consensus Levels in the GNSO Working Group Guidelines – see https://www.icann.org/en/system/files/files/consensus-levels-proposal-16sep14-en.pdf;
- The GNSO Council thanks the SCI for its work on these matters and agrees to consider the SCI’s request that the current language concerning Consensus Levels in the GNSO Working Group Guidelines be more fully reviewed and revised as part of a broader exercise in reviewing all the GNSO Operating Procedures, including the Working Group Guidelines; and
- The GNSO Council instructs ICANN staff to post the new version of the GNSO Operating Procedures and GNSO Working Group Guidelines, effective immediately upon adoption.