Transcript

Recording

Adobe connect recording is available here:  https://icann.adobeconnect.com/p3a3ck1av55/

The audio recording is available here:

Notes

Action Items

Documents Presented

Chat Transcript

  Kimberly Carlson: (6/3/2015 04:21) Welcome to the Stress Test WP Meeting #7 on 3 June at 11:00 UTC.  Please note that chat sessions are being archived and follow the ICANN Expected Standards of Behavior: http://www.icann.org/en/news/in-focus/accountability/expected-standards

  Cheryl Langdon-Orr: (05:03) Great  Thabnlks  Steve

  Cheryl Langdon-Orr: (05:04) Thanks    (sorry about the extra letters)

  Avri Doria: (05:05) i do not hear anything so will have to dial in.

  Pär Brumark (GAC Niue): (05:11) No sound! Nevermind, have to run for another meeting. Check it later. Regards, Pär

  Cheryl Langdon-Orr: (05:13) Sorry about the gremlins Par

  Steve DelBianco   [GNSO - CSG]: (05:29) You may think I am obsessed with recent news, but with the recentspotlight on the FIFA scandals, I think we can reasonably expectquestions regarding how our proposed measures would avoid such a situation.

  Alice Jansen: (05:31) :)

  Cheryl Langdon-Orr: (05:31) muting now again as the BG noise here is increasing around here again''

  Avri Doria: (05:32) re 442 the ATRT2 recommended that this needed serious review to see if it worked, since i was almost never used.  this is a recommendation that i have not seen done yet. 

  Avri Doria: (05:32) .. since it was almost ...

  jonathan Zuck (IPC): (05:36) or they just really need to know that we could

  Adam Peake: (05:39) There are  notocies in common areas of every ICANN office for hotline and whistleblower programs

  Adam Peake: (05:39) I will send you pictures I took in the DC office.

  Adam Peake: (05:40) don't know

  Adam Peake: (05:40) but these are CA standard processes

  Adam Peake: (05:41) ill send the pics :-)

  Steve DelBianco   [GNSO - CSG]: (05:46) Alice -- could you please put up the Articles of Incorporation that you displayed yesterday?

  Steve DelBianco   [GNSO - CSG]: (05:47) thanks

  Cheryl Langdon-Orr: (05:47) Thnks for that Avri

  Cheryl Langdon-Orr: (05:49)  Yes please go ahead  Avri/Stree

  Steve DelBianco   [GNSO - CSG]: (05:51) Avri -- what about section 2 of the AoI on the screen

  jonathan Zuck (IPC): (05:56) I think the underlying issue is that nearly everything is ultimately envorceable in court. every contract wit hICANN is like that as well.

  Avri Doria: (05:56) but this create a new mechansims that has no accountabilty mechansims other than court.

  jonathan Zuck (IPC): (05:56) that doesn't mean anyone wants to go to court nor that it is likely but it's there to provide the underlying authority. I don't know of an alternative.

  Avri Doria: (05:57) ok.

  Avri Doria: (05:58) we accountabilty mechanisms - even today

  jonathan Zuck (IPC): (05:59) I think there's a difference between establishing the court as the underlying authority and establishing the court as the mechanism for redress which we have studiously avoided

  Avri Doria: (05:59) who fnds this day in court?

  jonathan Zuck (IPC): (06:01) probably no one because the court is so limited in it's powers in this case. they are not the finders of fact

  jonathan Zuck (IPC): (06:01) getting a call out

  Alice Jansen: (06:01) We are dialing out to Jonathan

  jonathan Zuck (IPC): (06:03) they specifically are not. they enforce the powers that have been given the community and IRP processes. they do NOT get to make substantive decisions

  jonathan Zuck (IPC): (06:04) in fact, the courts are MORE involved now because they represent the ONLY recourse for disgruntled parties with these new mechanisms, we specifically limit the oprrortunities to go to court because there are alteratnives

  Avri Doria: (06:06) i see it just the oppposite, but that is not a stress test problem.  the stress test works becasue we have the courts installed as a regualr feature of the system.

  jonathan Zuck (IPC): (06:07) courts WANT to decide as narrowly as possible

  Steve DelBianco   [GNSO - CSG]: (06:10) Avri -- when you say 'take it to court' are you also including the IRP?

  Adam Peake: (06:10) Organizations have taken ICANN to coirt before, no

  Steve DelBianco   [GNSO - CSG]: (06:10) Alice-- could you please put up the slides Becky used last CCWG call?

  Steve DelBianco   [GNSO - CSG]: (06:11) I should have said, Alice or Adam

  Cheryl Langdon-Orr: (06:11) agree wth you here @Avri

  Cheryl Langdon-Orr: (06:17) gOK  thanls  for the heads up oin that Steve

  Avri Doria: (06:18) please do not put my words in my mouth Steve.  i d on not fear going to court today!

  Steve DelBianco   [GNSO - CSG]: (06:19) Okay, avri

  Avri Doria: (06:19) i would have prefered a multistakehholder system that was internally consisten tnad did not rely on US courts.

  Avri Doria: (06:20) i think that is what ICANN was building.  I see this as moving in the opposite direction.  but i accept i may be wrong and time will tell.

  Steve DelBianco   [GNSO - CSG]: (06:20) the slides on the screen show that members do NOT get to go to court to challenge the board.

  Steve DelBianco   [GNSO - CSG]: (06:22) See slide 4, please

  jonathan Zuck (IPC): (06:24) i think it's LESS likely, in fact

  Avri Doria: (06:24) i guess time will tell.

  Avri Doria: (06:25) hey one consolation.  the us congress will be happy to see it will be handled in US legal system.

  Alice Jansen: (06:30) June 17

  Adam Peake: (06:31) got you -and thanks

  Alice Jansen: (06:32) There already are stress test related comments

  Steve DelBianco   [GNSO - CSG]: (06:32) I saw that, Alice.   Lots of work for ST team

  Adam Peake: (06:32) hand up!

  Adam Peake: (06:33) ok.  I'll write

  Adam Peake: (06:34) you will see the compilation of those stress-test responses in the PC tool.

  Adam Peake: (06:35) no, all good :-)

  Steve DelBianco   [GNSO - CSG]: (06:36) Thanks, all

  Cheryl Langdon-Orr: (06:36) bye all

  Kimberly Carlson: (06:36) Thank you, bye all