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Cross Community Working Group on Enhancing ICANN Accountability: Difference between revisions

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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" />


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.


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.


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>  


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" />


===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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* Create a mechanism (using an SO/AC "membership" model) to empower the ICANN community, and imbue the community with the power to:
* Create a mechanism (using an SO/AC "membership" model) to empower the ICANN community, and imbue the community with the power to:
** reconsider/reject budget or strategy/operating plans;
** reconsider/reject budget or strategy/operating plans;
** reconsider/reject changes to non-Fundamental Bylaws;
** reconsider/reject changes to non-fundamental Bylaws;
** approve changes to Fundamental Bylaws;
** approve changes to Fundamental Bylaws;
** recall individual ICANN directors; and
** recall individual ICANN directors; and
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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:
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:
* 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" />
* 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" />
* 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."
* 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."
* 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.
* 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.
* 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.
* 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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