Attendees: 

Members:  Avri Doria, Cheryl Langdon-Orr, Donna Austin, Eduardo Diaz, Elisa Lindeberg, Graeme Bunton, Jaap Akkerhuis, Jonathan Robinson, Lise Fuhr, Olivier Crepin-Leblond, Robert Guerra, Seun Ojediji, Staffan Jonson   (13)

Participants:  Alan Greenberg, Allan MacGillivray, Chuck Gomes, Martin Boyle, Mary Uduma, Sabine Meyer, Stephanie Duchesneau, Thomas Rickert, Yusuichi Kitamura   (9)

Legal Counsel:  Sharon Flanagan, Tennie Tam

Staff:  Bart Boswinkel, Bernard Turcotte, Brenda Brewer, Grace Abuhamad, Marika Konings

Apologies:  Andrew Sullivan

**Please let Brenda know if your name has been left off the list (attendees or apologies).**


Proposed Agenda

1. Opening remarks

2. CCWG dependencies and the new draft proposal from CCWG

   a. New Draft Proposal (proposal with annexes | visualizations) 

   b. Review #34-40 on Sidley's Punch List

3. Review of Sidley’s Punch List 

    a. #17-19 on Contract and SOW

    b. #1 on PTI incorporation type

    c. #2-3 on transfer of naming functions

    d. #4-5 PTI Board

    e. Any updates from DTs?

4. Work Plan for Sections IV, V, VI

5. AOB

6. Closing Remarks

Notes

1. Opening Remarks

2. CCWG dependencies and the new draft proposal from CCWG

  • CCWG has published its report for public comment. The report does not contain consensus recommendations at this stage. Report shares current thinking of the CCWG to determine whether the community supports the direction of the CCWG.
  • In certain cases options have been included, in other solutions / answers have been included where more traction was clear.
  • Nothing is cast in concrete -CCWG is eagerly waiting for community input.
  • To faciliate review by the community: Report includes an executive summary to facilitate review, appendices provide further details to support the body of the report, Xplane has provided a visualization of the report, two webinars on 11 May (see https://community.icann.org/x/rYQ0Aw for further details)
  • 4 Building blocks: Community, Board, Constitution (Bylaws), Independent Review Process. Community empowerment mechanisms identified: recall ICANN Board, removal of individual board members, veto to changes to certain sections of Bylaws, possible to reject strategic plan / budget when Board hasn't sufficiently considered community input, through fundamental bylaws (so it is more difficult to change these). Enhancements proposed to independent review process (see slide 9). 
  • Different models are being discussed to implement these new powers: designator and membership model (see slide 2 of graphic representation). Membership model would allow for operationalise community powers as well as with the ability to enforce. 
  • Each community power slide outlines the specific power in further detail, including the triggering mechanism.
  • Report also contains specific questions to facilitate feedback. 
  • With regards to CCWG dependencies, see paragraph 42 on page 12 of the CCWG draft proposal. CCWG has attempted to take all concerns of the CWG into account as per requirements provided. 
  • CCWG Timeline - a second public comment period is foreseen for July/August to allow for community input on updates / changes that may have been made as a result of community input on the initial proposal. 
  • Target for Board adoption during the ICANN meeting in Dublin. Board is actively participating in the CCWG through a liaison which should enable the Board to provide input throughout the process and faciliate consideration of the proposal at the end of the day. 
  • No questions have been raised so far concerning the CWG requirements. 

b. Review #34-40 on Sidley's Punch List

  • CWG to continue monitoring CCWG progress
  • Further work may need to be undertaken in relation to the separation process (is work in progress)
  • What if the Board in Dublin would reject critical elements of the CCWG proposal which the CWG's work is dependent? Need to mitigate against that possibility. 
  • Does NTIA need to sign-off on CCWG recommendations? Understanding is that it is just the Board that would adopt the recommendations, but NTIA would be made aware of the dependency of the CWG work on the CCWG. NTIA does view the work holistically and is expected to consider CCWG recommendations as it considers the transition proposal. Also note the importance of implementation oversight. Project plan to map out implementation of both efforts may be needed to understand what realistically can be delivered when.

Action item: integrate Sidley delivery of items more specifically in project plan (also in view of possible implementation of certain items) across both efforts

3. Review of Sidley’s Punch List 

Open discussion on these items without necessarily forcing any kind of conclusion at this stage while public comment is still open.

Action item: Go back to ICANN Finance and ask for cost implications of model as currently envisioned as far as they can currently address that.

Action item: CWG to review all documents provided by Sidley in relation to this discussion. 

    a. #17-20 on Contract and SOW

    • Legal input may be helpful on these items?
    • A possible approach could be to develop a term sheet (sets out high level principles) for the agreement between PTI and ICANN? How will the contract articulate certain elements. 

Action item: Client committee to instruct Sidley to develop first draft of term sheet concerning statement of work and contemplate SLEs.

    b. #1 on PTI incorporation type

    • 2 page chart was circulated to compare the two options (non-profit corporation or limited liability company)
    • Sidley could put together some ideas concerning stress tests / scenario planning for each option that may provide further insights to the CWG and facilitate a decision on form follows function. 
    • LLC provides more flexibility compared to non-profit corporation, would not require ICANN obtaining a new tax exemption (for non-profit it would be required). From bankruptcy perspective, non-profit corporation may be more beneficial. 

Action item: Sidley to recirculate 2 page chart that provides overview of differences (pros/cons) between two models

Action item: Client committee to instruct Sidley to share stress tests for PTI entity and Board as it may become constituted

    c. #2-3 on transfer of naming functions

    • Legal input may be helpful on these items?
    • ICANN may be in a position to answer these questions

Action item: Reach out to ICANN (legal) to obtain input on these questions (#2-3).

    d. #4-5 PTI Board

    • See item b. 

e. Any updates from DTs?

    • DT C will have a call tomorrow
    • DT M has a call scheduled for next Wednesday. Request to articulate work in the form of a diagram, including timelines. 
    • There has been little work on DT-X Separability Process. Avri has reworked the drive doc  to reflect some of the  options that were spoken of on the last call and the list. Little other input yet on the drive doc.  Would probably be good to put this on the agenda for a  future CWG meeting so that the decions on alternate options can be made, or at least approached.

4. Work Plan for Sections IV, V, VI

  • Proposal to have staff prepare an initial draft for CWG review
  • Section IV = transition implications
  • Sectioin V = NTIA requirements
  • Section VI = Community outreach
  • Initial drafts expected to be available by next week

5. AOB

  • Public comment page has been updated to make the proposal more clearly visible
  • A number of questions have emerged from webinars - the proposal is to translate these into an FAQ that is expected to aid the public comment period. Sidley memo also explains in further detail some of the rationale behind the creation of a separate legal entity. 

Action item: develop FAQ to complement information provided in the public comment forum.

  • Letter from NTIA to ICG - ICG may ask for assistance on further details on timelines. May also require co-ordination with CCWG.  

6. Closing Remarks

Action Items

Action item: integrate Sidley delivery of items more specifically in project plan (also in view of possible implementation of certain items) across both efforts

Action item: Go back to ICANN Finance and ask for cost implications of model as currently envisioned as far as they can currently address that.

Action item: CWG to review all documents provided by Sidley in relation to this discussion. 

Action item: Client committee to instruct Sidley to develop first draft of term sheet concerning statement of work and contemplate SLEs.

Action item: Sidley to recirculate 2 page chart that provides overview of differences (pros/cons) between two models

Action item: Client committee to instruct Sidley to share stress tests for PTI entity and Board as it may become constituted

Action item: Reach out to ICANN (legal) to obtain input on these questions (#2-3).

Action item: develop FAQ to complement information provided in the public comment forum.

Transcript

Transcript CWG IANA #45 7 May.doc

Transcript CWG IANA #45 7 May.pdf

Recording

The Adobe Connect recording is available here:  https://icann.adobeconnect.com/p58zivzk1h7/

The audio recording is available here:  http://audio.icann.org/gnso/gnso-cwg-iana-1100-07may15-en.mp3

Documents

PunchList_1May 2015.pdf

cwg-accountability-draft-proposal-with-annexes-04may15-en (1).pdf

cwg-accountability-draft-proposal-graphic-04may15-en.pdf

Chat Transcript

Marika Konings: (5/7/2015 05:15) Welcome to the CWG-Stewardship meeting of 7 May 2015

  Cheryl Langdon-Orr: (05:51) hi there... waiting for dial out

  Brenda Brewer: (05:52) any second Cheryl!

  Cheryl Langdon-Orr: (05:52) :-) :-) :-) :-)

  Cheryl Langdon-Orr: (05:53) all good

  Martin Boyle, Nominet: (05:56) Hi all

  Cheryl Langdon-Orr: (05:56) hi

  Bernard Turcotte - staff support: (05:57) Good morning

  Sabine Meyer (GAC - Germany): (05:57) hi everyone!

  Cheryl Langdon-Orr: (05:58) hi

  Allan MacGillivray: (05:58) Good morning everyone.

  Sabine Meyer (GAC - Germany): (05:58) the withdrawal symptoms from the CCWG were simply too strong so I had to get my AC fix elsewhere ;)

  Cheryl Langdon-Orr: (05:59) :-) :-) :-) :-)

  Eduardo Diaz - (ALAC): (05:59) ¡Hola a todos!

  Jaap Akkerhuis (SSAC): (05:59) Good afternoon

  Grace Abuhamad: (05:59) Sabine -- I understand. Sometimes I log into AC on the weekend just to get my fix :p

  Thomas Rickert, CCWG Co-Chair: (05:59) Hello everyone!

  Sabine Meyer (GAC - Germany): (06:00) Grace, good to know I'm not the only one...

  Sabine Meyer (GAC - Germany): (06:00) :D

  Staffan Jonson: (06:00) Hello all

  Robert Guerra: (06:01) hi all

  Grace Abuhamad: (06:01) Hi Robert -- good to have you back

  Jonathan Robinson: (06:02) Hello all. Thank-you for joining promptly. We'll begin in 1 minute

  Brenda Brewer: (06:04) Seun Ojedeji is on phone line only at this time.

  Grace Abuhamad: (06:04) thanks Brenda

  Lise Fuhr: (06:04) Hello sorry to be late

  Grace Abuhamad: (06:05) All-- I updated the agenda (specifically 3.a.) to match the numbers in update Punch list

  Grace Abuhamad: (06:10) Link here: https://www.icann.org/news/announcement-2-2015-05-04-en

  Jonathan Robinson: (06:11) @Grace. Please can we have this "Graphical Supplement" circulated to the CWG as an email attachement

  Grace Abuhamad: (06:11) yes, of course. I'll circulate that now.

  Yasuichi Kitamura (At-Large): (06:12) sorry for joining here late.

  Grace Abuhamad: (06:20) We will look into paragraph numbering for the CWG-Stewardship report as well, if the CWG is supportive of that idea.

  Graeme Bunton: (06:23) Apologies for being late.

  Jonathan Robinson: (06:24) @Grace. Para numbering sounds like a very sensible idea

  Stephanie Duchesneau (RySG): (06:24) does final report in this context refer to final report on WS1 recommendations, or will that also include Stream 2

  Thomas Rickert, CCWG Co-Chair: (06:26) We have included what we plan to address in WS 2, but we will not have WS 2 proposals in our report for the saecond public comment period.

  Stephanie Duchesneau (RySG): (06:26) thanks thomas

  Seun Ojedeji: (06:31) I agree on Bruce contribution to CCWG

  Chuck Gomes (RySG): (06:32) I think the paragraph numbering is extremely helpful.  It makes it much easier to reference specific portions of the document in comments.

  Grace Abuhamad: (06:32) Thanks. We'll reformat and add paragraph numbering then :)

  Seun Ojedeji: (06:35) re: board meeting with cwg. Kindly note my reservation sent to the list on board meeting with cwg

  Thomas Rickert, CCWG Co-Chair: (06:36) Thanks to all of you!

  Seun Ojedeji: (06:36) Thanks Thomas

  Chuck Gomes (RySG): (06:37) I wonder if it would be helpful for tracking purposes to fix the numbers of the punch list?

  Sharon Flanagan: (06:37) We can do that

  Chuck Gomes (RySG): (06:38) Thanks Sharon.

  Robert Guerra: (06:42) does the cwg/ccwg want to transmit any comments to the exisiting 2015 nomcom i regards to select of the 3 board slots it will be doing . For instance questions for potential board candidates, etc?

  Robert Guerra: (06:44) i mention this as - the nomcom will interview short listed candidates in Buenos Aires

  Thomas Rickert, CCWG Co-Chair: (06:44) @Avri - we need to have good implemention oversight.

  Eduardo Diaz - (ALAC): (06:45) Can we transform this question into a stress tests?

  Sharon Flanagan: (06:46) When does ICANN Board review for sign off and when does NTIA review for sign off?

  Thomas Rickert, CCWG Co-Chair: (06:46) Correct, Jonathan!

  Avri Doria: (06:46) Yes, thomas, implementation oversight is importnat.  Not sure that much has been said about that.

  Grace Abuhamad: (06:52) We have not completed that action @Jonathan

  Chuck Gomes (RySG): (06:53) @ Jonathan:  Good catch on the action with ICANN Finance.

  Sharon Flanagan: (07:00) :-)

  Martin Boyle, Nominet: (07:02) Not sure I've seen either document, so it might be covered, but I would like to see a pro/con analysis of the options

  Sharon Flanagan: (07:03) I will recirculate both documents

  Martin Boyle, Nominet: (07:03) Please.  And the same thing for the Board choices

  Cheryl Langdon-Orr: (07:05) that would

  Cheryl Langdon-Orr: (07:05) be appreciated @sharon

  Martin Boyle, Nominet: (07:07) It would help focus minds, Jonathan

  Sharon Flanagan: (07:11) It is an implementation item

  Sharon Flanagan: (07:12) ICANN is in best position to answer this question, I would think

  Sharon Flanagan: (07:13) We will check Alan.  Don't know offhand

  Grace Abuhamad: (07:13) Alan -- most likely yes.

  Grace Abuhamad: (07:14) Yes, being that you probably need IETF consent fr subcontracting.

  Donna Austin, RySG: (07:16) DT-C will have a call tomorrow

  Chuck Gomes (RySG): (07:16) DT-M on escalation mechanisms has a meeting scheduled for next week.

  Staffan Jonson: (07:19) Also from other parts of community: proposed escalation process requires timelines as well

  Chuck Gomes (RySG): (07:20) DT-M will need some assistance from X-Plane in creating a diagram of the escalation mechanisms.  Is it possible to get a first draft before our meeting next Wednesday?

  Marika Konings: (07:20) @Chuck, it may not be xplane style, but I could try to do a more basic one while Xplane could pretty it up once it is 'final'?

  Chuck Gomes (RySG): (07:21) Thanks Marika. That works for me.

  Avri Doria: (07:22) Late update: there has been little work on DT-X Separability Process.  I have reworked the drive doc  to reflect some of the  options that were spoken of on the last call and the list.  Little other input yet on the drive doc.  Would probably be good to put this on the agenda for a  furture CWG meeting so that the decions on alternate options can be made, or at least approached.

  Grace Abuhamad: (07:23) https://www.icann.org/public-comments/cwg-stewardship-draft-proposal-2015-04-22-en

  Seun Ojedeji: (07:23) @Grace kindly note my observation about the PC page assessibility on mobile (you may use android to recreate the case scenario)

  Grace Abuhamad: (07:24) Thanks @Seun. I will work with IT to fix the error. You email had good level of detail

  Chuck Gomes (RySG): (07:25) @ Grace:  I think it might be helpful to put the visualization link in the grey box in addition to the proposal link.

  Grace Abuhamad: (07:25) Ok Chuck. I'll add that to the box

  Chuck Gomes (RySG): (07:25) Thanks Grace.

  Olivier Crepin-Leblond: (07:27) Lost Chuck?

  Chuck Gomes (RySG): (07:29) Thanks everyone.

  Seun Ojedeji: (07:29) thanks Jonathan

  Seun Ojedeji: (07:29) bye everyone

  Robert Guerra: (07:29) thanks all.

  Bernard Turcotte - staff support: (07:29) bye al

  Olivier Crepin-Leblond: (07:29) Thanks everyone

  Thomas Rickert, CCWG Co-Chair: (07:29) Thanks all!

  Jaap Akkerhuis (SSAC): (07:29) bye!

  Martin Boyle, Nominet: (07:29) thanks, bye

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