Some Points to Consider re CCWG- Accountability Cheryl Langdon-Orr| APRALO-APAC Hub Webinar| 24 November 2015 Agenda After Dublin Outcomes Dublin Update document Questions and Feedback | 2 CCWG- Accountability - Improving ICANN Accountability - Activities at Dublin ICANN Meeting #54 The CCWG at ICANN Dublin Meeting activities were held Oct 16th through to 22nd. Meetings in Dublin ● Face to Face Meeting (Meeting #60) (16 October @ 8:3018:30 IST) ● Sub-Team Breakout Session (17 October 2015) ● Engagement Session (19 October 2015) ● Working Session 1 Meeting #61(19 October 2015) ● Working Session 2 - Meeting # 62 (21 October 2015) Working Session 3 - Meeting #63 (22 October 2015) Links from the above meetings listed will take you to the Meetings records, documents and materials... ● | 3 After Dublin, the CCWG has…. … … • Distributed a Statement from the Co-Chairs reviewing our progress in Dublin ( briefly reviewed in the following slides) and presented in the ICANN Public Forum of Dublin Meeting #54. • In the 7 days of CCWG Meetings and activities in Dublin :- the CCWG-Accountability has held more than 25 hours of formal meetings, with additional discussions taking place in various SO-AC-led sessions, in the hallways and often times over meals and drinks. • In what the group has coined “an environment of collaboration,” CCWGAccountability members, participants, ICANN Board Directors, external Advisors, legal counsel and interested observers came together to identify outstanding issues in the 2nd Draft Report and moved towards consensus on solutions. • Released an *All Important* preparatory document “Dublin Update” to assist our communities to prepare for their review of the Full Proposal document due for release on Nov 30th: ShortProposalUpdate-2.0.pdf • Held 10 more WG meetings (by the 26th Nov) | 4 Outcomes => “So at Dublin we… … … …” • reached broad agreement to move forward with the Sole Designator as the new reference enforcement model for the next draft proposal. The group will next attempt to finalize "patching" the model to alleviate any outstanding concerns on their next draft proposal. • defining a consensus based decision-making model, which includes a community consultation period. Discussions on the topic were informed by concerns raised in the Public Comment on the 2nd Draft Report about unintended concentrations of power. • confirmed support for the proposed IRP enhancements, and is now moving into the implementation phase. To spearhead this phase, a drafting sub-group with expert support will be constructed to develop and draft bylaws and detailed operating procedures. • identified a balanced process and approach for the One-Year Operating Plan and Budget, which was an outstanding item coming into Dublin. • confirmed a decision method for removal of a director appointed by the Nominating Committee, and a separate decision method for removal of a director appointed by an Advisory Committee or Supporting Organization. • confirmed its support for a clarification of the Mission Statement and articulation of the Commitments and Core Values. An example of a clarification includes ICANN's ability to enforce agreements with contracted parties, subject to reasonable checks and balances. | 5 Outcomes cont…. …. …... • reached consensus to include a general human rights commitment into the Bylaws. However, further work is needed on language and has been tasked to the Human Rights Working Party. • finalized outstanding details of the incorporation of the Affirmation of Commitments Review into the bylaws. There is high confidence that these bylaws are nearly ready for consideration in terms of implementation. • adopted a focused list of Work Stream 2 items, with an emphasis on transparency requirements. There was also broad agreement to bring some of these transparency requirements into Work Stream 1 in consideration of the discussions around the Sole Designator enforcement model. • had intensive discussions on the group's work plan, anticipated progress and next steps towards finalization. As such, the group has adjusted its timeline in a manner that attempts to balance the various timeline constraints, both inside and outside of the community. While details are still being solidified, the timeline is rigorous, and will likely keep the CCWG-Accountability busy through January. However, the co-Chairs, members and participants of the CCWG-Accountability understand the importance of and will execute an inclusive, open and bottom-up process. | 6 The ‘Dublin Update’ document... Whilst there is still work being done on the Mission and Core Values, the options for Community Decision Making Models, as well as on some of the Stress Tests; The CCWGAccountability has (to date) established that:• the set of accountability mechanisms it has proposed, some of which are outlined above, empowers the community through the use of the bottom-up, multistakeholder model by relying on each of the stakeholders within ICANN’s existing and tested community structures. Furthermore, the CCWG-Accountability believes that this community-driven model is the best candidate for replacing the historical relationship with the U.S. Government. | 7 The ‘Dublin Update’ cont… … … The CCWG-Accountability believes that the five Community Powers, as a package, can effectively replace the safety net that the U.S. Government has provided to date as part of its oversight role. It is recommended that these powers need to be enforced by a court of law only as a last resort. The CCWG-Accountability has based its recommendations on existing structures and recommends: • Considering the entire community as ICANN’s Sole Designator • Ensuring no part of the community has more rights than another part, either by having the ability to push through its individual interests or by blocking community consensus. The CCWG-Accountability has ensured that no Community Powers or statutory rights can be exercised singlehandedly. • Ensuring the community can only jointly exercise its powers using a consensus based model. | 8 Questions and Feedback… … … … Thank You for your attention; Please feel free to contact me at: langdonorr@gmail.com Skype cheryl.langdon.orr Twitter @clo3 SMS +61 (0)408647214 | 9