|
|
| (6 intermediate revisions by the same user not shown) |
| Line 25: |
Line 25: |
| ===Transforming Contractual Obligations into Institutional Mandates=== | | ===Transforming Contractual Obligations into Institutional Mandates=== |
| A common concern raised in the wake of the NTIA's announcement was how to maintain ICANN's accountability to the global Internet community once there was no longer a contract for services between NTIA and ICANN. Similar concerns were raised in relation to the [[Affirmation of Commitments]], which was expected to be terminated either alongside the expiration of the NTIA contract or in the aftermath of the transition of IANA stewardship functions. The working group's charter included an examination of how to ensure ICANN's accountability to the multistakeholder community in the absence of such legal safeguards.<ref name="charter" /> | | A common concern raised in the wake of the NTIA's announcement was how to maintain ICANN's accountability to the global Internet community once there was no longer a contract for services between NTIA and ICANN. Similar concerns were raised in relation to the [[Affirmation of Commitments]], which was expected to be terminated either alongside the expiration of the NTIA contract or in the aftermath of the transition of IANA stewardship functions. The working group's charter included an examination of how to ensure ICANN's accountability to the multistakeholder community in the absence of such legal safeguards.<ref name="charter" /> |
|
| |
| ==Work Stream 1==
| |
| Work Stream 1 (WS1) held its first meeting in December 2014.<ref name="ws1mtgs">[https://community.icann.org/display/acctcrosscomm/Meetings CCWG-Accountability Work Stream 1 Workspace - Meetings Archive]</ref> The group had a distinction between ''members'' and ''participants.'' All members were participants, but not all participants were members. The ''members'' of WS1 were appointed from the working group's chartering organizations:
| |
|
| |
| '''ALAC'''<br />
| |
| '''[[Leon Sanchez]] (Latin America) – Co-Chair'''<br />
| |
| [[Sebastien Bachollet]] (Europe)<br />
| |
| [[Tijani Ben Jemaa]] (Africa)<br />
| |
| [[Alan Greenberg]] (North America)<br />
| |
| [[Cheryl Langdon-Orr]] (Asia/Asia Pacific)<br />
| |
|
| |
| '''ASO'''<br />
| |
| [[Fiona Asonga]] <br />
| |
| [[Athina Fragkouli]] <br />
| |
| [[Izumi Okutani]] <br />
| |
| [[Jorge Villa]]<br />
| |
|
| |
| '''ccNSO'''<br />
| |
| '''[[Mathieu Weill]] (.FR, European Region) – Co-Chair'''<br />
| |
| [[Jordan Carter]] (.NZ, AP Region)<br />
| |
| [[Eberhard Lisse]] (.NA, African Region)<br />
| |
| [[Roelof Meijer]] (.NL, European Region)<br />
| |
| [[Giovanni Seppia]] (.EU, European Region)<br />
| |
|
| |
| '''GAC'''<br />
| |
| [[Par Brumark]] (Niue)<br />
| |
| [[Olga Cavalli]] (Agentina)<br />
| |
| [[Alice Munyua]] (African Union Commission) <br />
| |
| [[Suzanne Radell]] (USA)<br />
| |
| [[Julia Wolman]] (Denmark)<br />
| |
|
| |
| '''GNSO'''<br />
| |
| '''[[Thomas Rickert]] (GNSO Council, Europe Region) – Co-Chair'''<br />
| |
| [[James Bladel]] (RrSG, North America Region)<br />
| |
| [[Becky Burr]] (RySG, North America Region)<br />
| |
| [[Steve DelBianco]] (CSG, North America Region)<br />
| |
| [[Robin Gross]] (NCSG, North America Region)<br />
| |
|
| |
| '''SSAC'''<br />
| |
| [[Lyman Chapin]]<br />
| |
| [[Julie Hammer]]<br />
| |
|
| |
| '''Others'''<br />
| |
| [[Bruce Tonkin]] - ICANN Board Liaison<br />
| |
| [[Samantha Eisner]] - ICANN Staff Representative<ref name="ws1members">[https://community.icann.org/pages/viewpage.action?pageId=50823968 CCWG-Accountability Work Stream 1 Workspace - Members & Participants], last updated May 31, 2017</ref>
| |
|
| |
| ''Participants'' were defined as anyone with an interest in the work of the CCWG-Accountability:
| |
| <blockquote>Anyone interested can volunteer to join the CCWG as a "participant," regardless of whether they are members of the ICANN community. Participants are expected to actively contribute to mailing list conversations as well as meetings. It is anticipated that participants will provide essential input to the process. They will participate similarly to ICANN chartering organization-appointed members and will be required to provide a Statement of Interest (SOI).<ref name="ws1members" /></blockquote>
| |
|
| |
| 199 individuals submitted SOIs as participants. The distinction between appointed members and participants was a source of contention on a few occasions, including the submission of minority statements to CCWG drafts. Faced with a number of issues to address, the WS1 team divided into several work parties: legal, [[IRP]] implementation oversight, community empowerment, review & redress, emerging issues, and stress testing. Each group addressed facets of the identified work areas for the CCWG-Accountability project as a whole. During the course of its work, it became apparent that a work party should also be devoted to human rights issues.
| |
|
| |
| Work Stream 1 drafts, meetings, work party activities, and other information can be found in their [https://community.icann.org/display/acctcrosscomm workspace archive].
| |
|
| |
|
| ==Work Stream 1== | | ==Work Stream 1== |
| :''main article: [[CCWG-Accountability Work Stream 1]]'' | | :''main article: [[CCWG-Accountability Work Stream 1]]'' |
| '''Work Stream 1''' ('''CCWG-Accountability WS1)''' was a process for [[ICANN]] to facilitate a smooth and swift transition of the IANA functions stewardship. The [[CCWG-Accountability]] divided work into two streams. WS1 addressed accountability issues prior to the transition of the IANA stewardship from NTIA to the global multistakeholder community. Work Stream 1 held its first meeting in December 2014.<ref name="ws1mtgs">
| | Work Stream 1 (CCWG-Accountability WS1) was a process for [[ICANN]] to facilitate a smooth and swift transition of the IANA functions stewardship. The [[CCWG-Accountability]] divided work into two streams. WS1 addressed accountability issues prior to the transition of the IANA stewardship from NTIA to the global multistakeholder community. Work Stream 1 held its first meeting in December 2014.<ref name="ws1mtgs">[https://community.icann.org/display/acctcrosscomm/Meetings CCWG-Accountability Work Stream 1 Workspace - Meetings Archive]</ref> |
|
| |
|
| ==Work Stream 2== | | ==Work Stream 2== |
| In June 2016, the CCWG-Accountability Team began organizing WS2 issues into nine independent topics. By [[ICANN 61]] in San Juan, Puerto Rico, in March 2018, all eight WS2 team sub-groups had completed public consultations of their draft recommendations and submitted final reports and received the approval of the CCWG-Accountability plenary. The final report released in June 2018 included over 100 recommendations for the ICANN Community, Board, and Org to undertake.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf 2018 WS2 Final report, Files, ICANN Org]</ref> Implementing WS2 was included as a priority for fiscal years 2022 and 2023. By the end of Q1 of 2022, ICANN Org had completed 13 recommendations for ICANN org were complete, leaving 39 recommendations still in progress. The org expects to complete implementing the guidance on ICANN Board deliberation transparency (Recommendation 8.3), enhancing staff accountability mechanisms, publishing service level targets (Recommendations 7.1-7.3), and developing a web page on ICANN's human rights efforts (Recommendation 3.1).<ref>[https://www.icann.org/en/blogs/details/update-on-icann-work-stream-2-implementation-02-05-2022-en Update on ICANN Work Stream 2 Implementation, End of 2022 Q1, ICANN Blogs]</ref>
| | :''main article: [[CCWG-Accountability Work Stream 2]]'' |
| ===Areas for Improvement===
| | Work Stream 2 focuses on mechanisms that could be implemented after the completion of the [[IANA Functions Stewardship Transition]] and began in 2016.<ref>[https://www.icann.org/en/blogs/details/update-on-icann-work-stream-2-implementation-02-05-2022-en Update on ICANN Work Stream 2 Implementation, End of 2022 Q1, ICANN Blogs]</ref> |
| ==== Diversity====
| |
| * ICANN and SO/ACs should define, measure, promote, and support diversity.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 18-19]</ref> Toward this end, [[ICANN Organization]] began its search for a diversity SME in December 2021 to be hired by April 2022.<ref>[https://www.icann.org/en/blogs/details/update-sharing-recent-icann-work-stream-2-implementation-progress-22-12-2021-en Update on WS2 Implementation December 2021, ICANN Blogs]</ref>
| |
| ==== Guidelines for Good Faith====
| |
| * The Guidelines for Standards of Conduct Presumed to be in Good Faith Associated with Exercising Removal of Individual ICANN Board Directors outline the procedures for petitioning and carrying out a review and vote to remove a board member.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 20-21]</ref>
| |
| ====Human Rights Framework of Interpretation====
| |
| * The team recommended a Framework of Interpretation for the ICANN Bylaw on Human Rights.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 82-88]</ref>
| |
| ====Jurisdiction====
| |
| * ICANN should be required to apply for and secure an OFAC license if the other party is otherwise qualified to be a registrar (and is not individually subject to sanctions). During the licensing process, ICANN should be helpful and transparent in the licensing process and communication with the potential registrar.
| |
| * ICANN should commit to applying for and securing an OFAC license for all applicants that would otherwise be approved (and are not on the specially designated nationals list).
| |
| * ICANN should clarify to registrars that their RAA with ICANN does not cause them to be required to comply with OFAC sanctions.
| |
| * ICANN should explore various tools to remind registrars to understand their applicable laws and reflect those laws in their customer relationships.
| |
| * ICANN should pursue one or more OFAC general licenses. If unsuccessful, ICANN should find other ways to remove “friction” from transactions between ICANN and residents of sanctioned countries.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 96-97]</ref>
| |
| ====Ombuds====
| |
| *The Office of the Ombuds should
| |
| # Clarify the role and processes to manage expectations
| |
| # improve its standing and authority
| |
| # Strengthen independence
| |
| # Become more transparency
| |
| # Develop a Policy for non-dispute roles<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 176-177]</ref>
| |
| ==== Reviewing the Cooperative Engagement Process====
| |
| * The reviewing of the Cooperative Engagement Process (CEP) was merged with the Independent Review Process – Implementation Oversight Team (IRP-IOT) in June 2017.
| |
| ====SO/AC Accountability====
| |
| * Every SO/AC/Group should document and publish its processes, guidelines, and decisions on its webpage. They should make the rules of eligibility and criteria for membership should be outlined and shared. SO/AC/Groups should consider term limits.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 275-276]</ref>
| |
| ====Staff Accountability====
| |
| *ICANN Org should:
| |
| # describe the organization’s performance management system and process; how departmental goals map onto ICANN’s strategic goals and objectives; and the Complaints Office's connection to the Ombudsman Office;
| |
| # evaluate and possibly include other communication mechanisms;
| |
| # enhance accountability mechanisms;
| |
| # work with the community to develop and publish service level targets and guidelines (similar to the Service Level Agreement for the IANA Numbering Services) that clearly define the services provided by ICANN to the community; and
| |
| # standardize and publish guidelines for timeframes for acknowledging requests made by the community and for responding with a resolution or updated timeframe for when a full response can be delivered.<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 324-325]</ref>
| |
| ====Transparency====
| |
| * ICANN should
| |
| # improve its Documentary Information Disclosure Policy (DIDP),
| |
| # document and report on its interactions with governments,
| |
| # improve the transparency of Board deliberations, and
| |
| # improve ICANN’s Anonymous Hotline (Whistleblower Protection).<ref>[https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf CCWG-ACCT Final Report pgs. 348-351]</ref>
| |
|
| |
|
| ==References== | | ==References== |