Members: Alan Greenberg, Andreea Brambilla, Avri Doria, Cheryl Langdon-Orr, David McAuley, Finn Petersen, Fiona Asonga, Jordan Carter, Kavouss Arasteh, Leon Sanchez, Michael Abejuela, Olga Cavalli, Robin Gross, Sebastien Bachollet, Steve DelBianco, Tijani Ben Jemaa
Participants: Barrack Otieno, Daniel Nanghaka, Erich Schweighofer, Farzaneh Badii, Greg Shatan, Herb Waye, Jorge Cancio, Julf Helsingius, Keith Drazek, Khouloud Dawahi, Krishna Seeburn, Lori Schulman, Mark Carvell, Marie Marques, Niels ten Oever, Philip Corwin, Ricardo Holmquist, Stephen Deerhake, Thiago Jardim, Tomohiro Fujisaki, Wale Bakare
Observers/Guests: Collin Kurre, Dalila Rahmouni
Staff: Bernard Turcotte, Brenda Brewer, Meghan Healy, Nathalie Vergnolle, Patrick Dodson, Yvette Guigneaux
Apologies: Rosalía Morales, Renata Aquino Ribeiro, Julie Hammer, Thomas Rickert
** If your name is missing from attendance or apology, please send note to acct-staff@icann.org **
Transcript
Recording
Agenda
- Introduction, update to SOIs, reminder on standards of behavior
- Review of Agenda
- Administration
- Legal Committee Update
- Second Reading of the final recommendations of the SOAC Accountability sub-group.
- Second reading of the draft recommendation of the Staff Accountability sub-group.
- First reading of the draft recommendation of the Ombudssub-group
- First reading of the final recommendations of the Human Rights sub-group.
- Review of OFAC recommendation by Jurisdiction group.
- AOB
- Next Plenaries
- Adjournment
Raw Caption Notes
Decisions:
- Request for a Face to Face meeting at ICANN 61 approved.
- Standard travel funding process for ICANN 61 approved
- Begin accepting applications Sunday 15 October
- Close applications Sunday 19 November 23:59 UTC
- Submit final list to ICANN Monday 27 November
- SO/AC Accountability Final report second reading – approved. These are now the final recommendations which will be included in the WS2 Final Report.
- Ombudsman draft recommendations first reading – approved.
- Staff Accountability draft recommendation second reading – Approved. Will now go to public consultation.
- FOI Human Rights final recommendations first reading – Approved with the dissenting opinion being bracketed as well as the final compromise position from the chat of the Adobe room. This should be resolved by the next plenary where it will be presented for a second reading.
Action Items:
- Staff to request a face to face meeting the day before ICANN 61 begins.
- Staff to launch travel funding process for ICANN 61 as approved.
- Staff to include Ombudsman report for second reading at 18 October plenary.
- Human Rights subgroup to consider compromise text to avoid dissenting opinion in report. Any such compromise should be published by 17 October 23:59 UTC to allow participants time to consider it for the 18 October plenary.
- Staff to include HR-FOI report for a second reading at 18 October plenary.
Requests:
- HR-FOI subgroup try to achieve consensus on compromise language that would avoid the dissenting opinion.
- Next meeting: 1900UTC 18 October 2017
Documents
- CCWG-Accountability-WS2-Plenary-20171011-Slides-V1.1BT.pdf
- Jurisdiction-OFACRecommendation-V1.0GS.pdf
AC Chat
Brenda Brewer: (10/11/2017 04:58) Good day all! Welcome to CCWG Accountability Plenary Meeting #23 on 11 October 2017 @ 13:00 UTC.
Brenda Brewer: (04:58) This meeting will be recorded. Please mute your phone when not speaking by pressing *6 (star 6). *6 will also unmute.
Brenda Brewer: (04:59) Please state your name when speaking for captioning/transcription. Thank you!
Olga Cavalli: (05:45) Hello all from Buenos Aires!!!
RAHMOUNI Dalila: (05:47) Hello all Dalila from Paris
Tijani BEN JEMAA: (05:50) Hi there
Krishna Seeburn - Kris: (05:51) hi tijani....
Leon Sanchez: (05:51) Hello everyone
Julf Helsingius: (05:56) Hello
Julf Helsingius: (05:57) Bit of background noise
BERNARD TURCOTTe - ICANN: (05:58) Hello all
Herb Waye Ombuds: (05:59) Greetings everyone
Julf Helsingius: (05:59) Out of recording time already? :)
Jorge Cancio (GAC Switzerland): (06:00) recording is not very motivated, it seems
Alan Greenberg: (06:00) Time to a adjourn then.
Yvette Guigneaux: (06:00) hi all - no that was a dial out - no recordings started yet
Jordan Carter: (06:01) hi all!
Yvette Guigneaux: (06:01) Recording is started
Jordan Carter: (06:03) The note re the Stress Test is in the slides for this call Kavouss
Jordan Carter: (06:03) it will be discussed
Wale Bakare: (06:05) Hi all
Stephen Deerhake: (06:07) San Juan will be viable. The rest of PR, less so...
Jordan Carter: (06:20) Please mute when you are blowing your nose :-)
Leon Sanchez: (06:20) :-)
Cheryl Langdon-Orr: (06:22) so sorry to just arrive
Greg Shatan: (06:22) Hello, all. I've been on audio for awhile, but just joined AC.
Steve DelBianco: (06:22) My goodness. Thank you, Kavouss
Jordan Carter: (06:23) welcome Greg
Farzaneh Badii: (06:23) all those adjectives :)))
Farzaneh Badii: (06:23) thank you Kavouss
Julf Helsingius: (06:23) Hear, hear!
Alan Greenberg: (06:23) Thanks you Kavouss.
Alan Greenberg: (06:23) Well deserved.
Steve DelBianco: (06:23) Thank you, Kavouss, for your contributions to this work.
Krishna Seeburn - Kris: (06:23) go guys...this comes from the heart to all those who did an excellent job
Leon Sanchez: (06:24) Completely agree with Kavouss. Thanks to are great co-rapporteurs for their hard work and thanks to all the participants in the subgroup for this outstanding report
Farzaneh Badii: (06:24) nope
Daniel K. Nanghaka: (06:24) This is great and well deserved remarks
Farzaneh Badii: (06:24) I dont have anything to add
Wale Bakare: (06:24) Well done to the contributors
Cheryl Langdon-Orr: (06:25) excellent thanks
avri doria: (06:25) could i be heard
Yvette Guigneaux: (06:26) not yet Avri
Yvette Guigneaux: (06:26) working on Avri
avri doria: (06:27) mike not working will have to call in .
avri doria: (06:27) i hate AC
Yvette Guigneaux: (06:27) ok
Yvette Guigneaux: (06:27) let me know if you need a hand Avri
Lori Schulman: (06:30) Sorry for my lateness.
Alan Greenberg: (06:31) Seb. voice fading...
Finn Petersen, DK: (06:34) The recommendation concerning a panel is better now BUT….!Ok to a Panel with the following tasks:▪ Contribute to the selection process for new Ombuds which would meet thevarious requirements of the Board and community including diversity.▪ Recommending candidates for the position of Ombuds to the Board.▪ Recommending terms of probation to the Board for new Ombuds.▪ Recommend to the Board firing an Ombuds for cause.▪ Contribute to an external evaluation of the IOO every 5 years.▪ Making recommendations regarding any potential involvement of the IOO in noncomplaintwork based on the criteria listed in recommendation 11.BUT there is no need for a Panel acting as advisors, supporters or wise counsel for the Ombuds. Such a Panel might undermine the Ombudsman. What is needed is a skilled, wise and independent Ombudsman.
Finn Petersen, DK: (06:34) no audio - sorry
Olga Cavalli: (06:35) i was offline for a moment sorry
Jordan Carter: (06:36) We have an expert report suggesting that this does not undermine that function, and that it is an improvement. Presumably it is for the wise, independent ombudsman to make use of this panel *on their own choice* - it won't interfere at all, instead just being a resource
Finn Petersen, DK: (06:37) Problems are not solved in complex organizations by adding additional offices or panels to the organization, and if the tasks for the panel are unclear, it is particularly problematic
Cheryl Langdon-Orr: (06:38) yes Jordan the intended outcome is to act as resource
Jorge Cancio (GAC Switzerland): (06:38) agree with Finn
Cheryl Langdon-Orr: (06:40) clearly any risk of 'undermining' and or interference is to be avoided.
Farzaneh Badii: (06:40) the tasks are good
Farzaneh Badii: (06:41) it won't undermine it just brings oversight to ombuds. it doesnt have oversight rather than board for the moment. I don't know how effective it will be though.
Jordan Carter: (06:42) Thanks to Sebastien
Jordan Carter: (06:42) and the whole group
Jordan Carter: (06:42) for this work
Krishna Seeburn - Kris: (06:42) none
Alan Greenberg: (06:42) Well done!
Sebastien (ALAC): (06:42) Thanks all
avri doria: (06:42) will try again
Leon Sanchez: (06:43) Thank you Sebastién! Great work
Krishna Seeburn - Kris: (06:43) excellent work...and +1 ro all the work done
Lori Schulman: (06:44) Yes, nice changes
Lori Schulman: (06:44) and nice report
Farzaneh Badii: (06:44) I have to leave. thanks everyone
Cheryl Langdon-Orr: (06:45) bye Farzi
Jordan Carter: (06:46) its there
Jordan Carter: (06:47) fourth line up from the bottom
Jordan Carter: (06:48) this current slide a) to e) is pulled from the other side
Jordan Carter: (06:48) the transparency report, as Avri outlined
Cheryl Langdon-Orr: (06:50) the Avri
Leon Sanchez: (06:51) Well done!
Cheryl Langdon-Orr: (06:51) excellent!
Jordan Carter: (06:57) All, my apologies to be leaving the Adobe room - I will be on the voice call until 0400 (15 UTC)
Finn Petersen, DK: (06:59) support to Jorge's compromise solution
Mark Carvell UK GAC rep: (07:00) UK supports the Swiss position on solution just relayed to you.
Julf Helsingius: (07:02) I share David's concern
BERNARD TURCOTTe - ICANN: (07:02) Time check - 58 minutes left in call
BERNARD TURCOTTe - ICANN: (07:05) Time for speaker
BERNARD TURCOTTe - ICANN: (07:07) Greg hand/
BERNARD TURCOTTe - ICANN: (07:07) ?
Cheryl Langdon-Orr: (07:08) can we take on the friendly amendment as Jorge says.... I support that
Cheryl Langdon-Orr: (07:08) sorry in 2 calls at once
Jorge Cancio (GAC Switzerland): (07:12) sorry!!
Mark Carvell UK GAC rep: (07:12) Transcript at "indiscernible " should be corrected to read "....footnote of the FOI shouldn't be a problem."
Jorge Cancio (GAC Switzerland): (07:13) the text as formulated by Greg is this: "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities.
Cheryl Langdon-Orr: (07:14) good to hear David
Jorge Cancio (GAC Switzerland): (07:14) and the text proposed by me for the footnote on page 6 of the pdf is the following: "“3 Including, but not limited to:• Universal Declaration of Human Rights• International Covenant on Civil and Political Rights• International Covenant on Economic, Social and Cultural Rights• International Convention on Elimination of All Forms of Racial Discrimination• Convention on the Elimination of all Forms of Discrimination Against Women• Convention on the Rights of Persons with Disabilities• UN Declaration on the Rights of Indigenous Peoples• ILO’s Declaration on Fundamental Principles and Rights at Work (applicable to ICANN’s employees and workers)• The UN Guiding Principles on Businesses and Human Rights”
Jorge Cancio (GAC Switzerland): (07:14) only the last bullet is new
Cheryl Langdon-Orr: (07:18) can the footnote compromise Greg outlined now work I hope so
Cheryl Langdon-Orr: (07:18) I too am keen to find compromise language as Avri outlines
Jorge Cancio (GAC Switzerland): (07:20) The compromise would then be composed by (1) a footnote for the considerations part where the UNGP are mentioned, saying that the UNGP are relevant for business orgs; (2) the text formulated by Greg for the considerations with this wording: "the text as formulated by Greg is this: "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities."
David McAuley (RySG): (07:22) I have the same concern I expressed
Julf Helsingius: (07:23) And I agree with the concern
Greg Shatan: (07:23) @Jorge, you have accurately stated the compromise. But I am troubled by the concern that David and Julf express.
Jorge Cancio (GAC Switzerland): (07:24) @Greg: I feel there are many belts and suspenders - more with this wording
Cheryl Langdon-Orr: (07:24) I am ok with well crafted footnote can we try for acceptable language as Greg outlines
Leon Sanchez: (07:27) So maybe adding something like " ICANN could, at its sole discretion, ..." could solve it?
Jorge Cancio (GAC Switzerland): (07:27) US lawyers are too resourceful - a reason to move to less sophisticated jurisdictions (just kidding!)
Jorge Cancio (GAC Switzerland): (07:29) can't staff show the text from Greg?
BERNARD TURCOTTe - ICANN: (07:29) will take a minute
Jorge Cancio (GAC Switzerland): (07:29) "To the extent that ICANN the Organization is a business, it could consider certain aspects of the Guiding Principles as a useful guide when applying the Human Rights Core Value to its business activities."
Cheryl Langdon-Orr: (07:30) not on the fly drafting, but n additional effort to see best language options to seek compromise... which is well worth the effort i'm
David McAuley (RySG): (07:33) I am happy to help in that workgroup and think maybe we can make progress
BERNARD TURCOTTe - ICANN: (07:33) 27 minutes left in call
Cheryl Langdon-Orr: (07:34) the effort will be well worth it for compromise language
David McAuley (RySG): (07:34) agree w/CLO
Cheryl Langdon-Orr: (07:35) the Bernie hood summation
Niels ten Oever: (07:36) Excellent
Cheryl Langdon-Orr: (07:36) should read thx and good
Jorge Cancio (GAC Switzerland): (07:36) thx - please include the action point in the summary :-)
BERNARD TURCOTTe - ICANN: (07:38) @Jorge - done
BERNARD TURCOTTe - ICANN: (07:39) will take a minute
Yvette Guigneaux: (07:40) working on it
BERNARD TURCOTTe - ICANN: (07:40) coming up
Yvette Guigneaux: (07:41) on screen
BERNARD TURCOTTe - ICANN: (07:42) time check - 18 minutes left in call and we need a few minutes at the end to wrap up
Stephen Deerhake: (07:42) can you make the document scrollable?
Yvette Guigneaux: (07:43) scrolling available now
Stephen Deerhake: (07:43) Thank you Yvette.
Yvette Guigneaux: (07:45) you are welcome Stephen
Andreea Brambilla: (07:51) Apologies, have to drop off for another meeting.
Cheryl Langdon-Orr: (07:54) thanks Greg
BERNARD TURCOTTe - ICANN: (07:56) thanks all
Herb Waye Ombuds: (07:56) Cheers everyone, great work
Stephen Deerhake: (07:56) Bye all.
Wale Bakare: (07:56) thanks all, bye for now
Cheryl Langdon-Orr: (07:56) good progress with all our topics today... thanks ð bye for now
David McAuley (RySG): (07:56) Good bye all
Michael Abejuela (ASO): (07:56) bye everyone, until next meeting
Julf Helsingius: (07:56) Thanks and bye!
Greg Shatan: (07:56) Bye all!
Jorge Cancio (GAC Switzerland): (07:56) bye all!
