Attendees: 

Members:   Mathieu Weill, Leon Sanchez, Thomas Rickert

Legal Counsel:  Holly Gregory, Rosemary Fei, Stephanie Petit

Staff:  Brenda Brewer

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

Transcript

Recording

Notes

These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcript. 


1. Update on pending requests - https://community.icann.org/pages/viewpage.action?pageId=52896826 

Legal Counsel identified IRP drafting and the memo on transparency (inspection rights) as the two outstanding requests.

The memo on transparency (inspection rights) is missing from the wiki.  

ACTION ITEM:  Lawyers to find the relevant email exchange.

Legal Counsel observed that the wiki list does not comply with recollection from lawyers on certain items. 

ACTION ITEM: Staff to cross-check list. 

2. IRP drafting

Lawyers will have a draft ready in two weeks. On call #71, the CCWG-ACCT will discuss composition of the group. Legal counsel will produce detailed drafts and suggests that core language be included in Bylaws and details in a policy document. 

Legal Counsel indicated that there are some places in the proposal where there are ambiguities in terms of process ( e.g. Annex 7: can action and inaction of PTI be subject to IRP? What is standard of review etc.). Legal Counsel will need further guidance on these questions. The CCWG-ACCT Co-Chairs clarified that this will be the role of the implementation group. Lawyers will make assumptions in the draft. The CCWG-ACCT will be asked to advise on whether right or wrong. Legal Counsel will work with implementation team on this.     

3. AoC reviews incorporation update

Comments from Adler were not sent and will be provided next week. Legal Counsel comments that the language being a moving target prior to posting of the third draft, the paper could benefit from an additional review. 

What we agreed on the call December 4 is an update to the work delivered on November 25, to reflect language in the Third Proposal regarding the proposed Bylaws provisions, since the version marked up by Jones Day and which was previously reviewed was based on the proposed Bylaws provisions as presented in the Second Proposal.

The Co-Chairs certified the request to update AOC review bylaws section in light of the Draft Proposal conclusions so that it may be circulated to the full CCWG-ACCT. 

ACTION ITEM: Legal counsel to update AOC Bylaws text. 

ACTION ITEM: Certification to be added to the wiki list. 

4. Rest of Bylaw drafting

Bylaws need to be approved by Board in April. Legal Counsel would welcome clear constructions. It was agreed that for efficiency purpose, Legal Counsel will begin drafting in January when the Final Report is issued. Legal Counsel anticipates it will be in a position to circulate a version for sign-off by mid February. 

Legal Counsel requested that the CCWG-ACCT identify whether there are group of recommendations that can be slotted for efficiency of reviews. 

ACTION ITEM:  Co-chairs will propose subgroups of recommendations to be worked on and reviewed in WPs jointly, in order to streamline the process.

5. Overall cost estimate for incorporation into ICANN Budget

ACTION ITEM: Lawyers will coordinate to provide estimate using CWG-Stewardship as a baseline early next week. Estimate will attempt to cover impact of coordination between law firms. Estimates will only cover the provision of 1st drafts, and not the intensity of iterations within the CCWG.

6. A.O.B

Legal counsel will share its high level remarks on the Draft Proposal with Co-Chairs. They will be circulated to the full CCWG. 

Action Items

ACTION ITEM:  Lawyers to find the relevant email exchange.

ACTION ITEM: Staff to cross-check list. 

ACTION ITEM: Legal counsel to update AOC Bylaws text. 

ACTION ITEM: Certification to be added to the wiki list. 

ACTION ITEM:  Co-chairs will propose subgroups of recommendations to be worked on and reviewed in WPs jointly, in order to streamline the process.

ACTION ITEM: Lawyers will coordinate to provide estimate using CWG-Stewardship as a baseline early next week. Estimate will attempt to cover impact of coordination between law firms. Estimates will only cover the provision of 1st drafts, and not the intensity of iterations within the CCWG.

Adobe Chat

  Brenda Brewer: (12/4/2015 09:41) Hello all and welcome to the CCWG Accountability co-Chairs Meeting with Lawyers – Friday, 04 December @ 16:00-17:00 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 

  Rosemary Fei (Adler Colvin): (10:00) Hello, co-chairs!

  Holly J. Gregory: (10:05) greatly appreciated if staff could go back and check meeting transcripts regarding certification requests

  Brenda Brewer: (10:07) As a reminder, this call is being recorded.

  Brenda Brewer: (10:13) background music, please mute when not speaking.  thanks!

  Mathieu Weill: (10:14) That's me !

  Rosemary Fei (Adler Colvin): (10:19) Could the notes please be updated to reflect the AoC review incorporation status and plan?

  Rosemary Fei (Adler Colvin): (10:25) Please add to notes to certification regarding AoC reviews discussed earlier

  Rosemary Fei (Adler Colvin): (10:26) Sorry, "the" certification.

  Leon Sanchez: (10:28) nice try!

  Leon Sanchez: (10:29) Indeed this is not a decision for the Co-Chairs alone

  Holly J. Gregory: (10:29) Agreed!  Rosemary nice try but not successful!

  Brenda Brewer: (10:33) Alice is taking notes offline as well

  Rosemary Fei (Adler Colvin): (10:33) Thanks, Brenda.

  Brenda Brewer: (10:34) via recordings/Alice



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