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| * Support and enhance the multistakeholder model; | | * Support and enhance the multistakeholder model; |
| * Maintain the security, stability, and resiliency of the Internet DNS; | | * Maintain the security, stability, and resiliency of the Internet DNS; |
| * Meet the needs and expectation of the global customers and partners of the IANA services; and | | * Meet the needs and expectations of the global customers and partners of the IANA services; and |
| * Maintain the openness of the Internet.<ref name="ntiapr" /> | | * Maintain the openness of the Internet.<ref name="ntiapr" /> |
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| ICANN initiated discussion with the community around the topic of enhancing ICANN accountability, and proposed a working group to respond to accountability issues, in May 2014. Before the CCWG was officially formed, public comment was sought on ICANN's "Enhancing ICANN Accountability" brief on its website.<ref>[https://www.icann.org/resources/pages/enhancing-accountability-2014-05-06-en ICANN.org - Enhancing ICANN Accountability], May 6, 2014</ref> A second round of public comment occurred regarding ICANN's posting on process and next steps in August 2014.<ref>[https://www.icann.org/resources/pages/process-next-steps-2014-08-14-en ICANN.org - Enhancing ICANN Accountability - Process and Next Steps], August 14, 2014</ref> In addition, the (Second Accountability and Transparency Review) presented its final report and recommendations in 2014, adding to the volume of community input and policy recommendations regarding accountability. | | ICANN initiated a discussion with the community around the topic of enhancing ICANN accountability and proposed a working group to respond to accountability issues, in May 2014. Before the CCWG was officially formed, public comment was sought on ICANN's "Enhancing ICANN Accountability" brief on its website.<ref>[https://www.icann.org/resources/pages/enhancing-accountability-2014-05-06-en ICANN.org - Enhancing ICANN Accountability], May 6, 2014</ref> A second round of public comment occurred regarding ICANN's posting on the process and next steps in August 2014.<ref>[https://www.icann.org/resources/pages/process-next-steps-2014-08-14-en ICANN.org - Enhancing ICANN Accountability - Process and Next Steps], August 14, 2014</ref> In addition, the (Second Accountability and Transparency Review) presented its final report and recommendations in 2014, adding to the volume of community input and policy recommendations regarding accountability. |
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| The CCWG-Accountability was established to develop ICANN-level accountability mechanisms to ensure that the NTIA's criteria were met, as well as to validate and strengthen ICANN's accountability to its stakeholders. As the CCWG's charter makes clear, community support for any transition proposal required improved accountability measures: | | The CCWG-Accountability was established to develop ICANN-level accountability mechanisms to ensure that the NTIA's criteria were met, as well as to validate and strengthen ICANN's accountability to its stakeholders. As the CCWG's charter makes clear, community support for any transition proposal required improved accountability measures: |
| <blockquote>During discussions around the transition process, the community raised the broader topic of the impact of the change on ICANN's accountability given its historical contractual relationship with the United States and NTIA. Accountability in this context is defined, according to the [[NETmundial]] multistakeholder statement, as the existence of mechanisms for independent checks and balances as well as for review and redress. | | <blockquote>During discussions around the transition process, the community raised the broader topic of the impact of the change on ICANN's accountability given its historical contractual relationship with the United States and NTIA. Accountability in this context is defined, according to the [[NETmundial]] multistakeholder statement, as the existence of mechanisms for independent checks and balances as well as for review and redress. |
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| The concerns raised during these discussions around the transition process indicate that the existing ICANN accountability mechanisms do not yet meet stakeholder expectations. Recent statements made by various stakeholders suggest that current accountability mechanisms need to be reviewed and, if need be, improved, amended, replaced, or supplemented with new mechanisms (see for instance ATRT recommendations) in light of the changing historic contractual relationship with the U.S. Government.Considering that the NTIA has stressed that it is expecting community consensus regarding the transition, a failure to meet stakeholder expectations with regards to accountability may create a situation where NTIA does not accept the IANA transition proposal as meeting its conditions. Thus reviewing ICANN’s accountability mechanisms was considered to be crucial for the transition process.<ref name="charter">[https://community.icann.org/display/acctcrosscomm/Charter CCWG-Accountability Workspace - Charter], last modified February 17, 2016</ref></blockquote> | | The concerns raised during these discussions around the transition process indicate that the existing ICANN accountability mechanisms do not yet meet stakeholder expectations. Recent statements made by various stakeholders suggest that current accountability mechanisms need to be reviewed and, if need be, improved, amended, replaced, or supplemented with new mechanisms (see for instance ATRT recommendations) in light of the changing historic contractual relationship with the U.S. Government. Considering that the NTIA has stressed that it is expecting community consensus regarding the transition, a failure to meet stakeholder expectations with regards to accountability may create a situation where NTIA does not accept the IANA transition proposal as meeting its conditions. Thus reviewing ICANN’s accountability mechanisms was considered to be crucial for the transition process.<ref name="charter">[https://community.icann.org/display/acctcrosscomm/Charter CCWG-Accountability Workspace - Charter], last modified February 17, 2016</ref></blockquote> |
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| The chartering organizations for the working group were the [[ALAC]], the [[ASO]], the [[ccNSO]], the [[GAC]], the [[GNSO]], and the [[SSAC]].<ref name="charter" /> | | The chartering organizations for the working group were the [[ALAC]], the [[ASO]], the [[ccNSO]], the [[GAC]], the [[GNSO]], and the [[SSAC]].<ref name="charter" /> |
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| ===Dependencies and Work Streams=== | | ===Dependencies and Work Streams=== |
| The IANA Transition was coordinated by the IANA Stewardship Transition Coordination Group (ICG), whose job was to gather, assess, and consolidate proposals from the three operational communities affected by the work performed by IANA: names, numbers, and protocols. The IETF's IANAPLAN Working Group created the protocol proposal; the Regional Internet Registries assembled the CRISP Team to draft the proposal for the numbers community, and a number of chartering organizations within the ICANN community chartered the IANA Stewardship Transition Cross Community Working Group (CWG-Stewardship) for the development of a proposal for the names community. The functions surrounding numbers and protocols were, in the eyes of the respective operating communities, comparatively straightforward, as were the requirements for oversight. In the names operational community, however, there were multiple larger issues, including ICANN's accountability to fulfill its commitments to stakeholders and the global public interest. As a result, the CWG-Stewardship's transition proposal included both accountability proposals as they related to IANA functions, and a number of dependencies upon actions or decisions of the CCWG-Accountability working group. The CCWG-Accountability charter described the interrelationship between the two working groups in this way: | | The IANA Transition was coordinated by the IANA Stewardship Transition Coordination Group (ICG), whose job was to gather, assess, and consolidate proposals from the three operational communities affected by the work performed by IANA: names, numbers, and protocols. The IETF's IANAPLAN Working Group created the protocol proposal; the Regional Internet Registries assembled the CRISP Team to draft the proposal for the numbers community, and a number of chartering organizations within the ICANN community chartered the IANA Stewardship Transition Cross Community Working Group (CWG-Stewardship) for the development of a proposal for the names community. The functions surrounding numbers and protocols were, in the eyes of the respective operating communities, comparatively straightforward, as were the requirements for oversight. In the names operational community, however, there were multiple larger issues, including ICANN's accountability to fulfill its commitments to stakeholders and the global public interest. As a result, the CWG-Stewardship's transition proposal included both accountability proposals as they related to IANA functions and a number of dependencies upon actions or decisions of the CCWG-Accountability working group. The CCWG-Accountability charter described the interrelationship between the two working groups in this way: |
| <blockquote>This process on Enhancing ICANN Accountability is taking place alongside a parallel and related process on the transition of the stewardship of the IANA functions through the CWG to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (hereinafter CWG-Stewardship). The CWG-Stewardship’s scope is focused on the arrangements required for the continuance of IANA functions in an accountable and widely accepted manner after the expiry of the IANA Functions Contract. Accountability for the administration of the IANA functions (i.e., implementation and operational accountability) is not within the scope of the CCWG-Accountability as it is being dealt with by the CWG-Stewardship. Nevertheless, the two processes are interrelated and interdependent and should appropriately coordinate their work.<ref name="charter" /></blockquote> | | <blockquote>This process on Enhancing ICANN Accountability is taking place alongside a parallel and related process on the transition of the stewardship of the IANA functions through the CWG to Develop an IANA Stewardship Transition Proposal on Naming Related Functions (hereinafter CWG-Stewardship). The CWG-Stewardship’s scope is focused on the arrangements required for the continuance of IANA functions in an accountable and widely accepted manner after the expiry of the IANA Functions Contract. Accountability for the administration of the IANA functions (i.e., implementation and operational accountability) is not within the scope of the CCWG-Accountability as it is being dealt with by the CWG-Stewardship. Nevertheless, the two processes are interrelated and interdependent and should appropriately coordinate their work.<ref name="charter" /></blockquote> |
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| ==Work Stream 1== | | ==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 members of WS1 were appointed from the chartering organizations: | | :''main article: [[CCWG-Accountability Work Stream 1]]'' |
| '''ALAC'''<br />
| | 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> |
| '''[[Leon Sanchez]] (Latin America) – Co-Chair'''<br />
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| [[Sebastien Bachollet]] (Europe)<br />
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| [[Tijani Ben Jemaa]] (Africa)<br />
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| [[Alan Greenberg]] (North America)<br />
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| [[Cheryl Langdon-Orr]] (Asia/Asia Pacific)<br />
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| '''ASO'''<br />
| | ==Work Stream 2== |
| [[Fiona Asonga]] <br />
| | :''main article: [[CCWG-Accountability Work Stream 2]]'' |
| [[Athina Fragkouli]] <br />
| | 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> |
| [[Izumi Okutani]] <br />
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| [[Jorge Villa]]<br />
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| '''ccNSO'''<br />
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| '''[[Mathieu Weill]] (.FR, European Region) – Co-Chair'''<br />
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| [[Jordan Carter]] (.NZ, AP Region)<br />
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| [[Eberhard Lisse]] (.NA, African Region)<br />
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| [[Roelof Meijer]] (.NL, European Region)<br />
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| [[Giovanni Seppia]] (.EU, European Region)<br />
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| '''GAC'''<br />
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| [[Par Brumark]] (Niue)<br />
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| [[Olga Cavalli]] (Agentina)<br />
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| [[Alice Munyua]] (African Union Commission) <br />
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| [[Suzanne Radell]] (USA)<br />
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| [[Julia Wolman]] (Denmark)<br />
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| '''GNSO'''<br />
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| '''[[Thomas Rickert]] (GNSO Council, Europe Region) – Co-Chair'''<br />
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| [[James Bladel]] (RrSG, North America Region)<br />
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| [[Becky Burr]] (RySG, North America Region)<br />
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| [[Steve DelBianco]] (CSG, North America Region)<br />
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| [[Robin Gross]] (NCSG, North America Region)<br />
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| '''SSAC'''<br />
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| [[Lyman Chapin]]<br />
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| [[Julie Hammer]]<br />
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| '''Others'''<br />
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| [[Bruce Tonkin]] - ICANN Board Liaison<br />
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| [[Samantha Eisner]] - ICANN Staff Representative<ref>[https://community.icann.org/pages/viewpage.action?pageId=50823968 CCWG-Accountability Work Stream 1 Workspace - Members & Participants], last updated May 31, 2017</ref>
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| Faced with a number of issues to address, the WS1 team divided into several work groups: legal, [[IRP]] implementation oversight, community empowerment, review & redress, emerging issues, human rights, and stress testing. Each group addressed facets of the identified work areas for the CCWG-Accountability project as a whole.
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| ==WS 1 Drafts and Public Comments==
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| The first draft of the WS 1 Report was published for public comment in May 2015.<ref>[https://www.icann.org/public-comments/ccwg-accountability-draft-proposal-2015-05-04-en ICANN.org Archive - Public Comment Proceeding, CCWG-Accountability Draft Proposal], May 4 - June 29, 2015</ref> The draft proposal contained the following principal recommendations:
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| * Revise the Mission, Core Values, and Commitments sections of the Bylaws;
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| * Designate certain Bylaws as "Fundamental" and require a 75% supermajority to change those Bylaws;
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| * Improvements the Independent Review Panel process;
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| * Improvements to the reconsideration process;
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| * Create a mechanism (using an SO/AC "membership" model) to empower the ICANN community, and imbue the community with the power to:
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| ** reconsider/reject budget or strategy/operating plans;
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| ** reconsider/reject changes to non-Fundamental Bylaws;
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| ** approve changes to Fundamental Bylaws;
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| ** recall individual ICANN directors; and
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| ** recall the entire ICANN Board;
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| * Incorporate the commitments contained in the [[Affirmation of Commitments]] into the ICANN Bylaws; and
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| * Revise the Bylaws to ameliorate problems discovered via stress testing (specifically, require the Board to respond to Advisory Committee advice, and to consult with the GAC and find mutually acceptable solutions for consensus-based GAC advice).<ref name="ws1draft1">[https://community.icann.org/download/attachments/49348770/CCWG-Draft-Proposal-clean.pdf CCWG-Accountability Work Stream 1 Workspace - Draft Proposal 1], May 4, 2015</ref> The draft proposal sought responses to specific aspects of the proposal, as well as general comments and feedback regarding the direction of the working group's efforts and work product to date.<ref name="ws1draft1" />
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| ===Empowered Community: Mechanisms===
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| The question of exactly how to empower the community to support and enforce ICANN's mission and core values was a subject of discussion during the creation of the first draft. In the lead-up to [[ICANN 52]] in Singapore, Work Party 1 had generated a number of model mechanisms for consideration:
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| * A "community veto" utilizing the existing SO/AC structures, as proposed by [[Robin Gross]] in a [https://circleid.com/posts/20150203_proposal_for_creation_of_community_veto_for_key_icann_decisions post on CircleID].<ref name="commveto">Robin Gross on [https://circleid.com/posts/20150203_proposal_for_creation_of_community_veto_for_key_icann_decisions CircleID - "A Proposal for Creation of 'Community Veto' Process on ICANN Board's Key Decisions"], February 3, 2015</ref> The proposal suggested that an "empowered community" could be established by leveraging each of the existing SO and AC decision-making procedures, allowing those organizations to collect a vote of its membership and cast an organizational vote accordingly, with the majority of SOs and ACs required to overturn a board decision, recall a member, and other enumerated powers.<ref name="commveto" />
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| * A permanent cross community working group, with elected or appointed members from each SO and AC, "that stands ready to vote on challenges or initiatives filed by any AC/SO/SG."
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| * Appointed delegates: under the laws of California governing nonprofit organizations, a corporation may provide in its bylaws for delegates having some or all of the authority of members (as defined by statute) without actually having named members (or being a "membership" non-profit organization as defined). The delegates would act as a council similar to the permanent CCWG.
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| * Amendment of the ICANN Bylaws to name each SO, AC, and SG as a "member" of the corporation (as defined by California statute), which would, among other things, permit stakeholders to file member derivative lawsuits against ICANN for decisions made in contravention of its core mission or values. Grant members, through consensus or some specific majority, powers to veto certain board decisions or actions, recall board members, or contest policy.
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| * Create a two-tiered board structure where the ICANN community's representatives sit as a Supervisory Board and have specific powers of review or recall, and the ICANN Board as currently composed maintains its role of strategic and fiscal governance.<ref>[https://community.icann.org/display/acctcrosscomm/WP1+Draft+Documents?preview=/52888421/53281113/CCWG-ACCT%20-%20WP1%20-%20Scope%20Measures%20Mechanisms%20-%20draft2.pdf CCWG-Accountability Work Stream 1 Workspace - Scope, Powers, and Mechanism Working Paper], Work Party 1 (Community Empowerment), Feb. 3, 2015</ref>
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| The first draft proposal focused on a "Reference Mechanism" based on the membership model when presenting its plan for the ICANN empowered community.<ref name="ws1draft1" /> It acknowledged and briefly discussed each of the other models, as well as a proposal from outside legal counsel regarding the creation of designated board seats, with SOs and ACs appointed as "designators" for those seats.<ref name="ws1draft1" /> After its discussion of the options, the report provided the following conclusion:
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| <blockquote>None of the mechanism possibilities should be considered “off the table”. The work of the CCWG-Accountability has proceeded quickly, and our counsel are rapidly becoming familiar with the complexities of ICANN’s history and current approach to dealing with many of these matters.<br />
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| That said, the CCWG-Accountability is clearly of the view that the SO/AC Membership Model is the currently preferred approach, and relies on this in much of what follows.<br />
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| How the Reference Mechanism operates (e.g., whether the votes are “cast” by the SOs and ACs as organized through a Membership model, whether there is some community group where there are representatives, how the community’s decisions are implemented through those SOs and ACs that are Members, and/or model rules for the unincorporated associations) is an important implementation detail that will be developed by the CCWG-Accountability and open for thorough community consultation in our second Public Comment report.<ref name="ws1draft1" /></blockquote>
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| ===Public Comment on the First Draft===
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| Public comment on the draft was substantial.<ref name="ws1d1pc">[https://forum.icann.org/lists/comments-ccwg-accountability-draft-proposal-04may15/ ICANN.org Listserv Archive - Public Comment, CCWG-Accountability Draft Proposal], May 4 - June 23, 2015</ref> The time period for comment was extended to accommodate for delays in delivering translations of the draft proposal.<ref>[https://www.icann.org/public-comments/ccwg-accountability-draft-proposal-2015-05-04-en ICANN.org Public Comment Archive - CCWG-Accountability Draft Proposal]</ref> The comments were largely supportive of the direction the CCWG was taking, although there were concerns raised regarding certain aspects of the draft, as well as new ideas and input that the working group had not yet considered in the course of its work to date. Some commenters did disagree with specific portions of the proposal, although it was notable that those dissenting voices were in the minority in each issue area.<ref>[https://community.icann.org/display/acctcrosscomm/First+Public+Comment+Review+Tool+-+comprehensive+version+-+18+August+2015 CCWG-Accountability Work Stream 1 Workspace - Public Comment Review Tool, Draft Proposal], last modified August 20, 2015</ref> The ICANN board's comment applauded the broad themes of the document, but had many questions and concerns about implementation:
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| <blockquote>One of the analyses that we do not see within the report is a something akin to a regulatory impact analysis, where the costs, benefits and alternatives to proposals are weighed to assure that the design of the solution for each issue is the most efficient, least burdensome on the community, and most cost-effective solution. This seems a separate exercise from the stress test work that is reflected in the report. That stress test, or contingency planning, work builds from the identification of stressors or situations that ICANN may face, and then considers how the proposed solutions assist ICANN in being more accountable when those situations arise, however unlikely. This is valuable work in considering that the CCWG-Accountability is working towards the crucial issues. What seems to be the necessary next step, however, is considering whether the mechanisms that are proposed as solutions are themselves capable of withstanding contingencies and stressors. In this regard, the Board presumes there will be an impact analysis. It is currently working on a series of questions to assist in performing that impact analysis.<ref name="draft1board">[https://forum.icann.org/lists/comments-ccwg-accountability-draft-proposal-04may15/pdfnzvFMc9grs.pdf ICANN Board Comments - CCWG-Accountability], June 2, 2015</ref></blockquote>
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| The board went on to highlight the report's Reference Mechanism for the empowered community, expressing doubts that such a radical change would have only the intended consequences, and advocating for a comprehensive review of the risks associated with such a change.<ref name="draft1board" />
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| Because of the extension of time, the public comment period was still open during [[ICANN 53]] in Buenos Aires. Much of the programming at the meeting was directed at the IANA transition. In the lead-up to the meeting, the CCWG met with the ICANN Board to discuss their draft proposal.<ref>[https://archive.icann.org/meetings/buenosaires2015/en/schedule/sun-board-ccwg-accountability.html ICANN 53 Archive - CCWG-Accountability Meeting with the ICANN Board], June 21, 2015</ref> The conversation addressed the board's public comments on the draft report and the CCWG's internal conversations regarding the comments.<ref>[https://archive.icann.org/meetings/buenosaires2015/en/schedule/sun-board-ccwg-accountability/transcript-board-ccwg-accountability-21jun15-en.html ICANN 53 Archive - Transcript, CCWG-Accountability Meeting with the ICANN Board], June 21, 2015</ref>
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| The CWG-Stewardship and CCWG-Accountability held a joint town hall on June 22, 2015 to provide updates to and receive input from the community.<ref>[https://archive.icann.org/meetings/buenosaires2015/en/schedule/mon-cwg-stewardship-ccwg-accountability.html ICANN 53 Archive - CWG-Stewardship and CCWG-Accountability Joint Town Hall], June 22, 2015</ref> Questions about the membership model were raised, as well as other aspects of the draft proposal.<ref>[https://archive.icann.org/meetings/buenosaires2015/en/schedule/mon-cwg-stewardship-ccwg-accountability/presentation-joint-townhall-22jun15-en.html ICANN 53 Archive - Transcript, CWG-Stewardship & CCWG-Accountability Joint Town Hall], June 22, 2015</ref>
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| ===Second Draft Proposal===
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| Following the public comment period, Work Stream 1 developed a second draft proposal for public comment.
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| ==References== | | ==References== |
| {{reflist}} | | {{reflist}} |
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| | [[Category:Cross-Community Working Groups]] |