Page History
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Members: Athina Fragkouli, Becky Becky Burr, Izumi Okutani, Jordan Carter, Jorge Villa, Julia Wolman, Leon Sanchez, Lyman Chapin, Mathieu Weill, Pär Brumark, Robin Gross, Roelof Meijer, Samantha Eisner, Sebastien Bachollet, Steve DelBianco, Thomas Richert, Tijani Ben Jemaa (17)
Participants: Aarti Bhavana, Andrew Sullivan, Barrack Otieno, Brett Schaefer, Cherine Chalaby, David McAuley, Eric Brunner-Williams, Finn Petersen, George Sadowsky, Greg Shatan, Furu Guru Acharya, Harold Arcos, Jorge Cancio, Kavouss Arasteh, Keith Drazek, Markus Kummer, Matthew Shears, Megan Richards, Nan Chu, Olivier Muron, Rishabh Dara, Ron da Silva, Savine Sabine Meyer, Seun Ojedeji, Staphen Deerhake, Suzanne Woolf, Tatiana Tropina (27)
Legal Counsel: Holly Gregory, Michael Clark, Nancy McGlamery, Rosemary Fei, Fei
Staff: Alice Jansen, Bart Boswinkel, Bernard Turcotte, Berry Cobb, Brenda Brewer, Grace Abuhamad, Laena Rahim, Theresa Swinehart, Trang Nguyen
Apologies: Malcolm Hutty, Eberhard Lisse, Julie Hammer, Avri Doria, Martin Boyle
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recording
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p3hw5ckgzdu/
The audio recording is available here: http://audio.icann.org/gnso/gnso-ccwg-acct-03nov15-en.mp3
Agenda
- Welcome, Roll-call, SoI
- Mission, Core Values, Commitments (incl. IAB request and transparency)
- Decision-Making
- Human Rights
- A.O.B
Notes
These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcriptlevel notes are designed to help you navigate through content of the call and do not substitute
in any way the transcript.
Mission, Core Values & Commitments
IAB
IAB proposal raised concerns regarding provisions in the mission statement and suggested three edits.
Concern is largely related to changing coordinating to supporting.
For CCWG, issues of timing. Can we make an adjustment at this stage to address concern. Is there a word between coordinating and
supporting that people would be comfortable with? It is a significant change.
Is this required for the transition to happen? It could be undertaken under Work Stream 2.
Feedback:
- Concerns with coordinate but bitter concerns with chapeau i.e. changing to "collaborates ... of Internet". It is a bigger focus. It should
be accurate description.
- IAB raised question in ICG. Sensitive issue. We need to import minimal changes to meet requirements. On 1) "coordinate and support
where necessary" - remaining unchanged. On 2) Domain name including associated root zone - remaining unchanged. 3) coordinate and
support where necessary" - remaining unchanged.
- Purpose of this revision is that on any part that needs more clarity it needs to be reflected accurately. Language suggested in IAB
proposal would describe role of ICANN in a more accurate way. Like Becky's suggested language that refines and add clarity.
- Fail to understsand why we are dealing with this. Community taking advantage of change and pressure of time. Stop conversation and
move to Work Stream 2, if needed.
- It is a serious problem for IAB. Second comment period highlighted that it is a critical issue. Proposal creates significant accountability
measures that are founded on mission statement. Mission includes things ICANN does not do. It is IETF's legitimate purpose. We propose
language that outlines ICANN's role as understand it to be. ICANN has a policy by virtue of contract but no role in rest of DNS. In addition
it is going to be made fundamental Bylaw which is also a concern. Find a way to circumscribe ICANN's role. It is a serious problem for our
real work on Internet. We need to make sure mission statement is limited to what ICANN really is. There are registries ICANN does not
operate and there is some that it does.
- While current mission is accurate for names, it is too broad for numbers and protocole parameters. Why do we unified scope?
CONCLUSION - Continue discussion offline. Use Becky's suggestion as reference model. Base discussions with requirements.
ACTION ITEM - Andrew to provide rationale around IAB's suggestion.
Contracting issue
In Dublin, we came out with consensus that ICANN should have clear ability to enforce his contracts with recognition that ICANN could use
last minute imposition to bypass consensus policy development. This is language to be given to lawyers. Notion would be that contracts are
enforceable. Language intended to capture degree of consensus.
Feedback:
- In accordance with? What is reasonably appropriate?
- Proposed language does not capture discussion in Dublin. Delete exceeding ICANN's mission and add "in service of its mission"
ACTION ITEM - Becky to consider inserting Greg's language ("in service of its mission") and Kavouss' refinement edits ("ICANN shall act in
accordance with Bylaws and article of incorporation to achieve its mission").
Transparency proposal
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In Dublin we discussed the need to ensure provisions related to transparency inherent to membership model would be addressed in designator
model i..e right of inspection. Documentary disclosure has been on table as part of WS2. Update DIDP policies within two years. Transparency
of interaction with gov.
Feedback:
- There is an undue influence of governments on policy decisions. Purpose is last bullet point is to know whether there is governments' undue i
nfluenceundue influence. It would also help address mission creep.
- In Second Draft Proposal, we have AoC provision for document disclosure. It is already part of Work Stream 1.
- Do we have bandwidth to deal with this now? Does that mean we don't trust WS2 to deal with significant issues? Major concern that any
contract between government and ICANN could be larger than intended.
- What is needed beyond what is currently report in quarterly financial report?
- There is a recognition that DIDP policy as currently implemented
ACTION ITEM: Change "6310-3 and 6330-8" to 6333.
- Bullet point 3 would give assurance against government capture. It needs to be Work Stream 1.
- Find a credible way to have WS2 happen.
- Transparency as WS1 is slowing us down. We need to have in WS2.
CONCLUSION: Bullets point 1 and 2 will be WS1. Bullet points 3 and 4 will be Work Stream 2.
Decision-Making
We need a clear way forward. We need a rationale for why making change in model.
Call for objections on summary of recommendations
Sebastien Bachollet objects to a).
Feedback:
- When rough consensus is achieved but still objections, those who have consensus should look into whether objections are meaningful in a
way that would require reconsideration.
- Concerns with including GAC. We don't know if they are going to participate. You need to proceed with two scenarios (1 with 4 - 1 with 5)
--> Stick with 5 as recommended. All get to participate in adhoc system.
- We may require support but not objection.
CONCLUSION: We consider these recommendations and third table as basis for our third report. They will be used as basis for drafting going further.
Human Rights
Proposed Bylaw text that suggest running by lawyers. Transitional Bylaw gives timeframe to develop framework of interpretation.
Feedback:
- NTIA has said that more you leave to future the less confidence we have is what we are approving is a package.
- Succinct framework on p3-4 that will be fleshed out in WS2. It provides enough meat on bones to satisfy Strickling test.
- Bylaw language should be run by lawyers
ACTION ITEM: Lawyers to check proposed Bylaw language.
CONCLUSION: We will have lawyers check Bylaw. This is our reference model moving forward.
A.O.B
Samantha Dickinson has joined writers Team. We should have materials to review next week.
ACTION ITEM: All should reach out to SO/ACs to report progress and ensure we have timely feedback.
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