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All other consensus items could be in Work Stream 2, provided there are mechanisms in WS1 adequate to force implementation of WS2 items despite resistance from ICANN management and board.
Re the ATRT reference column. Very few of the specific recommendations in this list have a corresponding entry in ATRT1 or ATRT2 documentation. In some cases the topic was discussed but with different outcome. Also ATRT Recommendation 5 and 9 recommended several ongoing activities related to improving the appeals, transparency and ombudsman activities, that did not mention specific remedies, but rather recommended that a community wide process be convened to discuss those issues in detail. The Staff summary of prveious comments was more general and this on that table it was easier to indicate the related area of the ATRT that dealt with that kind of table. It is recommended that both this table and Issues Identified During Public Comment be consulted for a fuller picture.
1. Mechanisms giving the ICANN community ultimate authority over the ICANN corporation. Most of these are initially designated as WS1, since community Members need the leverage of IANA transition to obtain these Bylaws changes. | |||
Accountability Suggestions from public comments and posts | Supported by | WS | ATRT Ref. |
Community Members as ultimate authority[1]. Amend ICANN bylaws to recognize permanent cross-community Members (ALAC, ccNSO, GAC, SSAC, NRO, RSSAC, IETF, ASO, and each Constituency) with authority in these specific areas: | GNSO Joint Statement, BC, ITIC, B.Carpenter, CNNIC, Siva, TPI, Verizon, NCSG, Just Net, E.Morris, Izumi | WS1 | - |
Appoint members of Affirmation review teams | BC, Spain, Avri Doria | WS1 | |
Review any board decision. Non-approval would send decision back to bottom-up policy development process. | BC, ITIC, Heritage, SIIA, EC, C. Gutiérrez | WS1 | - |
[Alt:] Refer any board decision to an independent review panel. The CWG believes this should be binding for IANA functions. | BC, ITIC, Heritage, SIIA, EC, Mueller, CWG | WS1 | (ATRT2 9.2) |
Approve changes to ICANN bylaws or Articles, with 2/3 majority | BC, ITIC, SIIA, Hutty | WS1 | - |
Approve annual proposed ICANN budget [vote threshold?] | BC, ITIC, USCIB | WS1 | - |
Recall one or all ICANN Board members [vote threshold?] | BC, Avri Doria, NCSG | WS1 | - |
Bring the Affirmation of Commitments (incl the Reviews) into the ICANN bylaws, with these amendments: | BC, USCIB, SIIA, Verizon, Morris | WS1 | - |
Affirmation Review Teams get access to all internal documents | Doria, MPAA, CIS, Morris | WS2 | |
Affirmation Accountability & Transparency Review Team could recommend sunset of original reviews and create new reviews | BC, USCIB | WS2 | |
Change Affirmation reviews from “in the public interest” to “for protection and advance of human rights and internet freedoms” | NCSG, Robin Gross [Opposition noted] | WS2 | - |
Change bylaws for Reconsideration Process: trigger when board acts arbitrarily or capriciously; make decisions subject to Independent Review | WS1 | - | |
Create a contract between ICANN and Registries & Registrars, with Registrants as 3rd party beneficiaries. Contract lets ICANN impose rules on others only when supported by consensus of affected parties. Disputes go to independent arbitration panel that could issue binding decisions. | David Johnson | WS1 | - |
Replace Affirmation with accountability contract between ICANN and ‘Contract Co.’ | Guru Acharya | WS1
| - |
Independent certification for delegation & re-delegation requests | CWG | WS1 | - |
Independent Appeals Panel for contested root zone changes & WHOIS | CWG | WS1 | - |
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