Volume 3: March 31 

ICANN is compiling bi-weekly updates on the community discussions and progress of the IANAStewardship Transition and Enhancing ICANN Accountability Processes. This information is positioned to help inform interested stakeholders in the recent developments in the processes, upcoming key dates, latest documents and drafts and a snapshot of any news coverage that occurs over the timeframe.

In brief

• The Cross-Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship) and Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) held face-to-face meetings in Istanbul, Turkey, during the week of 23 March 2015 with a common goal: the successful transition of theIANA functions stewardship to the global multistakeholder community.
• Both CWG-Stewardship and CCWG-Accountability plan to make draft proposals available for Public Comment in the lead-up to ICANN 53 in Buenos Aires, 21-25 June 2015.
• As work on the IANA Stewardship Transition continues to build momentum, a number of communities are beginning to submit formal statements and recommendations to the CWG-Stewardship and CCWG-Accountability.

An overview of CCWG-Accountability and CWG-Stewardship meetings

• The Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability)met in Istanbul on 23 and 24 March. There were 57 CCWG participants – 42 onsite and 15 using remote participation tools, three advisors to the CCWG and two representatives from Sidley Austin, one of the two legal firms engaged by CCWG-Accountability.
• CWG-Stewardship met on 26 and 27 March, with 43 onsite and remote CWG participants, including 18 who had participated in the CWG-Accountability meeting earlier in the week. Sidley Austin was represented, as they were also engaged to provide legal advice to CWG-Stewardship.
• On 25 March, the Co-Chairs of both groups met to discuss the progress, objectives of their work, and how the groups could help inform each other's work.
• In addition to the archived notes, transcripts and recordings of both meetings, the Co-Chairs of both groups published Statements regarding the meetings:
• CCWG-Accountability Co-Chairs' Statement
• CWG-Stewardship Co-Chairs' Statement
• ICANN published video interviews with CCWG Co-Chair, Thomas Rickert, and with the CWG Co-Chairs.

CCWG-Accountability progress in Istanbul

ICANN Mission, Vision and Value statement

• There was general agreement that ICANN's commitment to its core values, as stated in its Bylaws, needed strengthening.
• There was recognition that after the IANA Stewardship Transition occurs, the accountability and transparency mechanisms provided by the Affirmation of Commitments (AoC) between ICANN and the U.S. Government should be brought into ICANN's Bylaws. The group discussed the need to rewrite some of the original AoC text, rather than incorporate it as a single unchanged block, noting it would be important to raise community awareness of the rewriting process of this key commitment between ICANN and the global community.

Empowering the community

• The group discussed new mechanisms to empower the community in ICANN's decision-making processes. In particular, there was general convergence on the need to enable the community to:
• Recall (or "spill") ICANN's Board of Directors
• Approve or prevent changes to ICANN's Bylaws, Mission and Core Values
• Reject Board decisions on ICANN's Strategic Plan and budget (where the Board has failed to appropriately consider community input)
• It was recognized that, while it was clearly important that the ICANN Board be accountable to the community, it was also essential for the community itself to meet high standards of accountability.

Introducing Fundamental ("Golden") Bylaws

• The CCWG-Accountability proposed to introduce Fundamental Bylaws (previously referred to as "Golden" Bylaws), in ICANN's revised Bylaws that would add additional robustness to key provisions. These Fundamental Bylaws should be changeable, but any change should require a very high standard of community approval.
• Four key topics were proposed as potential new Fundamental Bylaws:
• ICANN's Mission (some provisions also identified for possible elevation to ICANN's Articles of Incorporation)
• Enhanced Independent Review Process
• The power to veto Bylaw changes
• New community powers ("Empowering the community" above)

Independent Review Process

• There was general agreement to enhance ICANN's existing Independent Review Process [PDF, 74 KB] rather than create a new process. Possible enhancements include making the process more accessible and affordable and having a standing panel (to help with consistency of decision making) that produces binding outcomes. ICANN's Mission and Core Values would guide the decisions.

General discussion

• There was debate about the accountability mechanisms to be proposed as Work Stream 1 –ICANN accountability processes that need to be in place or agreed to before the IANAStewardship Transition can occur – and broad agreement to continue developing proposals on six core themes:
• Revisions to the mission, commitments and core values
• Enhancement of the independent review process
• Establishing fundamental bylaws
• Mechanisms for community empowerment
• Transcription of the AoC provisions and reviews into the Bylaws
• Enhancements to reconsideration processes

What comes next?

• All recommendations by CCWG-Accountability will be subjected to stress tests against contingencies already identified by the group.
• The CCWG-Accountability will refine its recommendations and expects to put its draft out for public comment within the next few weeks. Based on input from the wider community, the CCWG-Accountability expects to hold further deliberations during ICANN 53.
• Given the potential significant impact to ICANN and the global community of the proposals CCWG-Accountability is considering, the group is discussing the need to hold dual public comment processes, to ensure its recommendations are given the broadest consideration by the community.

CWG-Stewardship comes closer to converging on a single solution in Istanbul

Reducing the possible number of potential structures/models on the table

• Entering the meeting, the CWG-Stewardship was considering seven possible models of what a post-NTIA IANA stewardship could look like: two external solutions (Contract Co. and Trust); two internal solutions (Accountability mechanisms and Trust); and three hybrid/integrated models (IANA subsidiary/ "affiliate" of ICANN, IANA shared services agreements and Standalone IANAentity). Following preliminary legal advice presented by Sidley Austin [PPTX, 853 KB] and subsequent discussion amongst CWG-Stewardship members of the pros and cons of the different models, there was agreement to actively investigate the following two models: Accountability mechanisms with functional separation and Accountability mechanisms with legal separation (also called the IANA subsidiary or "affiliate" of ICANN).
• The remaining five models were not entirely dismissed and could be revived if either or both of the above models prove inadequate.

Design Teams

• Eight of the proposed fourteen Design Teams had been active before the Istanbul meeting, with a fifteenth, on the IANA budget, being added on the final day of the meeting. The Design Teams reported back to the group on their progress. Detailed information on the Design Teams and their activities can be found in the documents marked "DT." A summary of the status of the Design Teams as of 27 March is available on Slide seven. [PDF, 1.2 MB]

What comes next?

• Design Teams aim to complete their work by 10 April for review by CWG-Stewardship. Accepted work will be inserted in the appropriate section of the draft names proposal.
• CWG-Stewardship has revised its upcoming timeline slightly and extended the Public Comment period for its draft proposal from 21 to 30 days. See "Upcoming Key Dates" below.
• Three versions of the group's final proposal will be developed. One version will be submitted to theIANA Stewardship Coordination Group (ICG) for consideration. A second, more detailed version will explain the reasoning behind choices in the proposal and provide more information about the implementation of the post-NTIA model for the names component of IANA stewardship. A third, short version, produced with the assistance of ICANN communications staff, will be made available as a summary for members of the community not involved with the process on a day-to-day level.

Inter-community correspondence

• On 19 March, a group of registries submitted a guidance document [PDF, 99 KB] to CWG-Stewardship aimed at delivering the most minimal, simple and lightweight structures possible while meeting the needs of stakeholders and avoiding the creation of new, unnecessary structures and complexities.
• On 22 March, the Consolidated RIR IANA Stewardship Proposal (CRISP) Team Co-Chairsrequested that the CWG-Stewardship Co-Chairs communicate with them directly and in a timely manner on developments that might affect the Numbers community, and not wait for the final submission of the names proposal to the ICG.
• Also on 22 March, the Registries Stakeholder Group (RySG) submitted a statement [DOCX, 34 KB] to CWG-Stewardship. Among other issues, the statement recommended: avoid creating new accountability concerns by minimizing the creation of new structures; identifying processes for improvements to the performance of the IANA functions and oversight structures; and identifying stable funding streams for the IANA functions from fees paid to ICANN by gTLDs and ccTLDs.
• On 26 March, the Country Code Name Supporting Organization (ccNSO) Council Chairs wrote[PDF, 52 KB] to the CWG-Stewardship and CCWG-Accountability Co-Chairs to report that theccNSO intended to have the IANA and accountability proposals presented at the next face-to-face meeting of the ccNSO at ICANN 53 in Buenos Aires and, if the ccTLDs present at the meeting express support for the proposals, the ccNSO Council would then make a decision on whether to adopt the proposals. Therefore, the earliest the ccNSO could make a decision is 21-25 June 2015.
• On 26 March, a German position paper [PDF, 26 KB] on the IANA Stewardship Transition, developed via a multistakeholder process and backed by the German government, was sent to the CWG-Stewardship Co-Chairs. Among its recommendations, the paper suggests that there must be binding rules implemented that protect ICANN and the IANA functions from possible threats toICANN's existence (such as insolvency) before the transition occurs. The paper also recommends it should remain possible to separate the technical execution of the IANA functions from ICANN.
• On 26 March, the U.S. Government Accountability Office (GAO) requested a teleconference with the Co-Chairs of the CCWG-Accountability on 7 or 8 April 2015. GAO is reviewing NTIA's proposed transition of IANA Stewardship in response to a request by the Chairs of the U.S. House Committee on Energy and Commerce and its Communications and Technology Subcommittee.

Upcoming key dates

Latest documents and drafts

IANA Stewardship Transition in the news

You can play a role in IANA's future…

Anyone can participate in discussions about the future of IANA's stewardship and ICANN accountability. For information on joining CWG-Stewardship, contact grace.abuhamad@icann.org. For information on joining CCWG-Accountability, contact accountability-staff@icann.org.

Compiled on behalf of ICANN by Samantha Dickinson | 31 March 2015

This update can also be found here: https://www.icann.org/resources/pages/iana-stewardship-discussion-2015-03-31-en

Volume 2: March 17

ICANN is compiling bi-weekly updates on the community discussions and progress of the IANAStewardship Transition and Enhancing ICANN Accountability Processes. This information is positioned to help inform interested stakeholders in the recent developments in the processes, upcoming key dates, latest documents and drafts and a snapshot of any news coverage that occurs over the timeframe.‬‬

This page is also available in:

• Français
• Español
• Português
• Pусский
• العربية
• 中文

In brief

• The protocol parameters and numbers proposals submitted to the ICG in January 2015 have moved into Step 2 of the Proposal Assembly and Finalization Process [PDF, 92 KB].
• The work in the CWG-Stewardship and CCWG-Accountability have intensified, and both have activated a number of specialized teams focusing on specific issues.
• CWG-Stewardship and CCWG-Accountability will hold face-to-face meetings in Istanbul at the end of March.
• U.S. Senate Committees have questioned witnesses about the IANA Stewardship Transition and its implications for a variety of domestic and international issues.

ICG

• The IANA Stewardship Transition Coordination Group (ICG) is now using a website independent ofICANN: http://www.ianacg.org. (Note that ICANN, as convener and facilitator of the IANAStewardship Transition process, will continue to provide information on the transition, as well as the Enhancing ICANN Accountability process, on its website, https://www.icann.org.)
• The ICG is planning to hold a face-to-face meeting 18-19 June in Buenos Aires before ICANN 53. If necessary, the ICG may also meet on the morning of 20 June.

Timeline of work:

• Following discussions at ICANN 52 in Singapore about the possibility of extending the ICG timeline for finalizing the IANA Stewardship Transition proposal, the ICG has decided to proceed as much as possible with the protocol parameters and numbers proposals and revisit the timeline in the future once there is clearer information on how much work the names proposal requires of the ICGand the wider community.
• With regard to the protocol parameters and numbers proposals, the ICG has moved forward into Step 2 of its Proposal Assembly and Finalization Process [PDF, 92 KB]. Step 2 examines the compatibility and interoperability, accountability, and workability of the submitted proposals.

Additional output of the ICG:

• At its 25 February teleconference, in addition to the final consolidated proposal to be submitted to the ICANN Board for transmission to the NTIA, ICG members decided to also produce a report of the information it collects during its work to ensure the three components of the stewardship proposal – protocol parameters, numbers and names – are not in conflict.

CWG-Stewardship

• The pace of work in the Cross-Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG-Stewardship) is increasing as the CWG-Stewardship enters a new phase of work using "Design Teams." In addition, the CWG-Stewardship will hold a face-to-face meeting in Istanbul, 26-27 March 2015. As of 9 March, 18 CWG-Stewardship members and 15 participants have confirmed onsite attendance for the meeting.

Updated draft proposal:

• On 26 February, CWG-Stewardship published version 2 [PDF, 232 KB] of the draft transition proposal, on which it will base its future updates. In particular, the work of the Design Teams is designed to fill in the remaining gaps in the proposal. The CWG-Stewardship is also working to refine its document, Draft of Principles and Criteria that Should Underpin Decisions on the Transition of NTIA Stewardship. The most recent version, sent to the CWG-Stewardship's mailing list for discussion, is dated 9 March 2015, and is still a work in progress.

A new way of working:

• CWG-Stewardship has introduced a new way of working on the names proposal: small groups of CWG-Stewardship members are to form "Design Teams" that each work on a very specific issue related to the names proposal. The aim is for each Design Team to deliver the results of its work back to the CWG-Stewardship for its consideration and action within two weeks of the Design Team's creation. Approved Design Teams will maintain publicly archived mailing lists of their communications. As of 5 March, there were 11 proposed Design Teams.

Legal counsel:

• CWG-Stewardship's "Client Committee" has selected Sidley Austin LLP as legal counsel to the CWG-Stewardship. Sidley Austin will provide legal advice and consultation to the CWG-Stewardship as they develop their proposal.

CCWG-Accountability

• The work of the Cross Community Working Group on Enhancing ICANN Accountability (CCWG-Accountability) continues to gather speed with the formation of three new Work Parties (see "New Work Parties underway" below). The CCWG-Accountability will meet face-to-face in Istanbul, 23-24 March 2015, just prior to the CWG-Stewardship's face-to-face meeting at the same location.
• The expected outcome of the Istanbul meeting is broad consensus on the work stream 1 mechanisms CCWG-Accountability will propose for public comment, launch date of 6 April 2015.

New Work Parties underway:

• WP1, Community Empowerment, has developed drafts of a number of accountability mechanismsbased on a standardized template. Mechanisms under investigation include how to mitigate against ICANN or NTIA choosing to terminate the Affirmation of Commitments (AoC). The outcome of which would be ICANN no longer being held to its Affirmation Commitments, including the conduct of community reviews and required implementation of review team recommendations.
• WP2, Review and Redress, held its first teleconference on 27 February 2015. It has created four specialized sub teams: Community Compact regarding ICANN Mission, Office of Ombudsman,Request for Reconsideration, and Independent Review. WP2 plans to have all current drafting work completed by 19 March 2015, in time for the CCWG-Accountability's Istanbul face-to-face meeting.
• The Stress Test Work Party (ST-WP) will hold its first teleconference on 11 March 2015. Its work has led on from one of the four original sub-groups of the CCWG-Accountability, on Identifying Contingencies, and is using that original sub-group's mailing list to conduct its work. The latest version of the document that is the focus of ST-WP's activities, Using Stress Tests to evaluate existing & proposed accountability measures (v7), was posted to the mailing list on 7 March 2015.

Legal counsel:

• The CCWG-Accountability's Legal Sub Team has been working on a draft document outlining the issues it wishes to ask of legal counsel (see also "Legal counsel" in the CWG-Stewardship section above). The CCWG-Accountability hopes to use the same firm as chosen by CWG-Stewardship, but remains open to the possibility of choosing a different legal counsel if the CWG-Stewardship's choice proves not to be the most appropriate one for CCWG-Accountability.

Updates on other transition-related activities

US Senate hearings:

• Senate Committee on Commerce, Science, & Transportation

  On 25 February, a U.S. Senate Committee on Commerce, Science, & Transportation hearing,Preserving the Multistakeholder Model of Internet Governance, focused on the IANA Stewardship Transition and the changes to ICANN's accountability needed to facilitate that transition. There were three witnesses before the hearing: Lawrence Strickling, NTIA Administrator, ICANNPresident and CEO Fadi Chehadé and U.S. Ambassador David Gross on behalf of the Internet Governance Coalition. The witnesses were asked about the relationship of the IANA stewardship transition to a variety of issues, including intellectual property rights, net neutrality, human rights online, openness and innovation, international diplomacy and U.S. security.

• Senate Committee On Appropriations, Subcommittee On Commerce, Justice, Science, And Related Agencies

  On 27 February, during the Subcommittee's hearing, Financial Year 2016 Department of Commerce Budget, U.S. Secretary of Commerce Penny Pritzker was asked why there was a need to remove the U.S. Government from the IANA stewardship role. The webcast can be viewed here.

Upcoming key dates

Latest documents and drafts

IANA Stewardship Transition in the news

You can play a role …

Anyone can participate in discussions about the future of IANA's stewardship and ICANN accountability.For information on joining CWG-Stewardship, contact grace.abuhamad@icann.org. For information on joining CCWG-Accountability, contact accountability-staff@icann.org.

This update can also be found here: https://www.icann.org/resources/pages/iana-stewardship-discussion-2015-03-17-en

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Compiled on behalf of ICANN by Samantha Dickinson | 17 March 2015

 

Volume 1: February 23

ICANN is compiling bi-weekly updates on the community discussions and progress of the IANA Stewardship Transition and Enhancing ICANN Accountability Processes. This information is positioned to help inform interested stakeholders in the recent developments in the processes, upcoming key dates, latest documents and drafts and a snapshot of any news coverage that occurs over the timeframe.

This page is also available in:

• Español
• Français
• Português
• Pусский
• 中文
• العربية

An Update on IANA Stewardship Discussions

ICANN 52

During ICANN 52 in Singapore, between 6 and 12 February, more than 41 hours were spent on discussions around the IANA stewardship transition and related ICANN accountability processes. The discussions consisted of:

• Community-wide information and question and answer sessions
• Public working sessions by:
• IANA Stewardship Transition Coordination Group (ICG)
• Cross-Community Working Group to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (CWG Stewardship)
• Cross-Community Working Group on Enhancing ICANN Accountability (CCWG Accountability).
• Stakeholder-specific discussions within individual Supporting Organizations, including many of the component constituencies of the GNSO, and within the Advisory Committees.

The community-wide sessions provided online participation mechanisms and were webcast and transcribed live. Transcripts and audio of all sessions, including those not transcribed live, are now available online.

The following is a summary of transition and accountability-related discussions at ICANN 52.

Clarifications from NTIA:

• NTIA reiterated that although the current IANA contract expires 30 September 2015, that is not a deadline for the transition but a target date. The transition can occur whenever the multistakeholder community develops a plan both it and NTIA can accept.
• NTIA expects a single proposal for the IANA stewardship transition.
• NTIA does not expect any dissenting opinions to accompany the final proposal.
• NTIA expects the IANA-related accountability mechanisms being developed through Work Stream 1 of CCWG Accountability to be submitted at the same time as the ICG proposal.
• Although the Consolidated and Further Continuing Appropriations Act, 2015 [PDF, 3.44 MB] prohibits NTIA from spending any money to relinquish the contract through 30 September 2015, this does not prevent the NTIA from providing informal feedback when asked questions by the community nor does it prevent the community's ability to continue developing a proposal for the transition.

Key ICG updates and discussions:

• The ICG discussed the progress of the review of the protocol parameters and numbers community proposals the group had received, resolving a number of questions ICG members had had about both proposals. There was discussion about how to handle public comments on the names proposal, once submitted, due to concerns that the proposal could attract significant numbers of public comments and that it might not be practical to forward each individual comment to the CWG Stewardship for its consideration.
• There were discussions about the effect that the extended timeline for the CWG Stewardship proposal would have on the ICG's final proposal, with agreement to review the ICG's current timeline based on more detailed review of the work that can be completed independent of the names proposal. It was noted that, as many members of the ICG were following the CWG Stewardship work, much of the ICG's work on the names proposal could take place before the final CWG proposal was formally delivered to the ICG.

CWG Stewardship and CCWG Accountability:

• The two groups confirmed they were planning to use the same legal counsel for advice on the legal viability of proposal ideas under discussion. Although ICANN would pay for the legal advice, the clients would be the CWG and CCWG, not ICANN.
• Recognizing the interdependent and interrelated nature of the two groups, the Chairs of both groups are also in regular contact to ensure close coordination between the two processes.

Key CWG Stewardship updates and discussions:

• A final version of a Discussion Document [PDF, 447 KB] was published on 3 February to bring the wider community up to date on its work and encourage further community input.
• The CWG Stewardship explained that the reasons the names component of the IANA stewardship proposal was taking longer than the numbers and protocol parameters components was due to the complexity of the names communities. CWG members were meeting very regularly – sometimes daily – to progress the work of the group.
• The CWG Stewardship clarified that although there were still significant differences of opinion about the two main models on the table – "external" trust (oversight of IANA exists outside ICANN) versus "internal" trust (ICANN performs IANA stewardship function, with possibly a "golden bylaw" to ensure ICANN can be held accountable to community) – the vast majority of issues under discussion in the CWG were enjoying significant consensus. The CWG hoped that after it received legal advice on the external and internal options under discussion, some of the current proposal options could be found to be unviable and reduce the number of options from which the CWG needed to choose. 

Key CCWG Accountability updates and discussions:

• Work Stream 1, which is examining the accountability mechanisms that must be in place or committed to within the timeframe of the IANA stewardship transition, has formed two Working Parties (WP): WP 1 is examining how the community can be empowered to hold the ICANN Board accountable while WP 2 is examining possible review and redress processes. There was a suggestion to clarify which accountability mechanisms in Work Stream 1 were "triggered" (by a specific action or non-action by ICANN) or "non-triggered" (part of regular ICANN processes).

Governmental Advisory Committee:

• In its Singapore Communiqué [PDF, 113 KB], the ICANN Governmental Advisory Committee(GAC) committed to continue working with the CWG-Stewardship and CCWG-Accountability both through individual GAC members and through the designated GAC representatives to both groups. The GAC also noted that the IANA stewardship process would have the highest priority for the GAC's intersessional work in the lead-up to ICANN 53 in Buenos Aires.

More detailed information about post-ICANN 52 work in the ICG, CWG-Stewardship, and CCWG-Accountability will follow in the next update.

Updates on other transition-related activities

1. ICANN Board

   On 12 February, a short statement from the ICANN Board was published. The key section of the statement is included below:

   "ICANN is expecting to receive both proposals [from the ICG and CCWG Accountability] at roughly the same time. When ICANN receives these proposals, we will forward them promptly and without modification to NTIA. As we have previously stated, if we do submit the proposals with an accompanying communication of comments, they will be on points we had already shared with the community during the development of the proposals. […] With respect to improvements in our accountability, we are definitely open to improvements."

2. Internet Society (ISOC)

   At its 15 February meeting, the ISOC Board stressed that "successful transition will reinforce the value of the collaborative, multistakeholder model", with the Board Chair noting that the process "is a true reflection of the power of the multistakeholder approach to bring parties together to solve complex problems".

3. International Telecommunications Union (ITU)

   During the ITU's Member States-only Council Working Group on International Internet-related Public Policy Issues (CWG-Internet), 2-3 February, one Member State proposed including theIANA stewardship transition as a topic for open consultations preceding the CWG-Internet's next meeting in October, with the aim of CWG-Internet providing input into the IANA stewardship process. There was support from some States at the meeting to hold such a consultation while others were opposed. Therefore, the topic will not proceed to public consultation. However, supporting States indicated they might suggest the IANA stewardship transition as a topic again at the October meeting for the CWG-Internet's subsequent open consultation.

Upcoming key dates

Latest documents and drafts

IANA stewardship in the news

You can play a role in IANA's future…

Anyone can participate in discussions about the future of IANA's stewardship and ICANN accountability. For information on joining CWG-Stewardship, contact grace.abuhamad@icann.org. For information on joining CCWG-Accountability, contact accountability-staff@icann.org.

This update can also be found here: https://www.icann.org/resources/pages/iana-stewardship-discussion-2015-02-24-en

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Compiled on behalf of ICANN by Samantha Dickinson | 23 February 2015