Page History

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.

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

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

Google

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

2. Mechanisms to restrict actions of the board and management of the ICANN corporation.   Most of these are initially designated as WS2, since the Members could reverse board or management decisions if Members are empowered in WS1 (above).

Require supermajority for Board to approve action despite advice to the contrary from ACs or significant subsets of SOs. Izumi believes this will take timeand Athina believe that this should be considered properly with all stakeholders and not done in a rush, so should be in WS2.

ISPCP, ITIC, Izumi

WS1

Ensure that the ICANN Board can be held to its Bylaws, with effective remedy if breach found by independent adjudicator [Alt: found by the community].

Malcolm Hutty, Seun Ojedeji

WS1

Prevent ICANN Board redefining mission/scope in Bylaws without community consensus

Malcolm Hutty

WS1

Ensure ICANN Board does not act "ultra vires", and stays within assigned mission and scope. e.g., prevent scope creep in policies imposed via RAA.

Malcolm Hutty, BC, TPI

WS1

Prohibit ICANN from entering agreements that impose obligations unrelated to DNS management

Heritage

WS2

Require supermajority board vote and 2/3 community vote to change ICANN not-for-profit status or change ICANN’s state of incorporation

USCIB, Verizon, SIIA [opposition noted]

WS2

Before leaving California, ICANN must show benefits exceed costs

SIIA, USCIB

WS2

Broadly expand grounds on which ICANN decisions and operations can be challenged; lower threshold to succeed in a challenge

Spain, Heritage

WS2

3. Mechanisms to prescribe actions of the ICANN corporation. Most of these are initially designated as WS2, since the Members could reverse board or management decisions if Members are empowered in WS1 (above).  For example, a bottom-up consensus process to change ICANN bylaws might be rejected by ICANN board, but the Members could then reverse that decision and force the change.

Require a defined notion of consensus for any GAC advice that would need to be given deference by the ICANN board.  Izumi believes this will take timeand Athina believe that this should be considered properly with all stakeholders and not done in a rush, so should be in WS2.

Heritage, Izumi,

BC Stress Test #6

WS1

Let local courts hear complaints on free expression, security, and privacy

NCSG [opposition noted]

WS2

Establish an independent inspector general for ICANN

SIIA

WS2

Commit the ICANN organization to maintain freedom of expression

Heritage, NCSG

WS2

Require registry and registrar agreements be equitable and non-discriminatory

ITIC, Heritage

WS1

Require supermajority of board to [increase] change registry or registrar fees [Members could reverse]

Heritage

WS1

Create channels for inquiry/complaint/suggestions

Internet Society of China

WS2

Recall mechanism for any board member selected by an AC/SO

Avri Doria

WS2

Recall mechanism for SO Council and ALAC member selected by NomCom

Avri Doria

WS2

ICANN to engage with all governments as equal community stakeholders

Fiona Asonga

WS2

Allow GAC to select 2-4 voting ICANN board members

Spain [opposition noted]

WS2

Give Ombudsman ability to refer a matter to external body

NCSG [opposition noted]

WS2

Change bylaws to establish term limits for ICANN senior officers

Heritage

WS2

Change bylaws to require that ICANN remain subject to US Law.  Izumi notes [Izumi and Athina suggest not to restrict this to US Law but to make any changes subject to community's decision. They also believe that this should be in WS2]

Heritage [opposition noted]

WS1

Explore incorporation as international org under international law

NRO [opposition noted]

WS2

Limit ICANN executive function to implementation of policies

ITIC, Siva

WS1