[Info] Update on IANA Stewardship Discussions

Rafik Dammak rafik.dammak at GMAIL.COM
Wed Apr 1 20:45:49 EEST 2015


Hi everyone,

please find below summary&updates of the IANA stewardship work.

Best,

Rafik Dammak

NCSG Chair


See
https://www.icann.org/news/blog/vol-3-update-on-iana-stewardship-discussions


Vol. 3: Update on IANA Stewardship Discussions

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Download PDF version of Vol. 3: Update on IANA Stewardship Discussions here.
<https://www.icann.org/en/system/files/files/iana-stewardship-discussion-31mar15-en.pdf>
[PDF,
507 KB]

ICANN is compiling bi-weekly updates on the community discussions and
progress of the IANAStewardship Transition and Enhancing ICANN Accountability
Processes. This information is positioned to help inform interested
stakeholders in the recent developments in the processes, upcoming key
dates, latest documents and drafts and a snapshot of any news coverage that
occurs over the timeframe.
In brief

   - The Cross-Community Working Group to Develop an IANA Stewardship
   Transition Proposal on Naming Related Functions (CWG-Stewardship
   <https://community.icann.org/display/gnsocwgdtstwrdshp/CWG+to+Develop+an+IANA+Stewardship+Transition+Proposal+on+Naming+Related+Functions>)
   and Cross Community Working Group on Enhancing ICANN Accountability (
   CCWG-Accountability
   <https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+Accountability>)
   held face-to-face meetings in Istanbul, Turkey, during the week of 23 March
   2015 with a common goal: the successful transition of theIANA functions
   stewardship to the global multistakeholder community.
   - Both CWG-Stewardship and CCWG-Accountability plan to make draft
   proposals available for Public Comment in the lead-up to ICANN 53
   <https://buenosaires53.icann.org/en/> in Buenos Aires, 21-25 June 2015.
   - As work on the IANA Stewardship Transition continues to build
   momentum, a number of communities are beginning to submit formal statements
   and recommendations to the CWG-Stewardship and CCWG-Accountability.

An overview of CCWG-Accountability and CWG-Stewardship meetings

   - The Cross Community Working Group on Enhancing ICANN Accountability (
   CCWG-Accountability
   <https://community.icann.org/display/acctcrosscomm/CCWG+on+Enhancing+ICANN+Accountability>
   )met in Istanbul on 23 and 24 March
   <https://community.icann.org/pages/viewpage.action?pageId=52890276>.
   There were 57 CCWG participants – 42 onsite and 15 using remote
   participation tools, three advisors to the CCWG
   <https://community.icann.org/display/acctcrosscomm/Advisors> and two
   representatives from Sidley Austin <http://www.sidley.com/>, one of the
   two legal firms engaged by CCWG-Accountability.
   - CWG-Stewardship
   <https://community.icann.org/display/gnsocwgdtstwrdshp/CWG+to+Develop+an+IANA+Stewardship+Transition+Proposal+on+Naming+Related+Functions>
    met on 26 and 27 March
   <https://community.icann.org/pages/viewpage.action?pageId=52890325>,
   with 43 onsite and remote CWG participants, including 18 who had
   participated in the CWG-Accountability meeting earlier in the week. Sidley
   Austin was represented, as they were also engaged to provide legal advice
   to CWG-Stewardship.
   - On 25 March, the Co-Chairs of both groups met to discuss the progress,
   objectives of their work, and how the groups could help inform each other's
   work.
   - In addition to the archived notes, transcripts and recordings of both
   meetings, the Co-Chairs of both groups published Statements regarding the
   meetings:
      - CCWG-Accountability Co-Chairs' Statement
      <https://www.icann.org/news/announcement-2015-03-25-en>
      - CWG-Stewardship Co-Chairs' Statement
      <https://www.icann.org/news/announcement-2015-03-29-en>
   - ICANN published video interviews with CCWG Co-Chair, Thomas Rickert
   <https://www.youtube.com/watch?v=vVof6v0MguE>, and with the CWG Co-Chairs
   <https://www.youtube.com/watch?v=G1M-ldKSjgM>.

CCWG-Accountability progress in IstanbulICANN Mission, Vision and Value
statement

   - There was general agreement that ICANN's commitment to its core
   values, as stated in its Bylaws
   <https://www.icann.org/resources/pages/governance/bylaws-en>, needed
   strengthening.
   - There was recognition that after the IANA Stewardship Transition
   occurs, the accountability and transparency mechanisms provided by the
   Affirmation of Commitments (AoC
   <https://www.icann.org/resources/pages/governance/aoc-en>) between ICANN and
   the U.S. Government should be brought into ICANN's Bylaws. The group
   discussed the need to rewrite some of the original AoC text, rather than
   incorporate it as a single unchanged block, noting it would be important to
   raise community awareness of the rewriting process of this key commitment
   between ICANN and the global community.

Empowering the community

   - The group discussed new mechanisms to empower the community in ICANN's
   decision-making processes. In particular, there was general convergence on
   the need to enable the community to:
      - Recall (or "spill") ICANN's Board of Directors
      - Approve or prevent changes to ICANN's Bylaws, Mission and Core
      Values
      - Reject Board decisions on ICANN's Strategic Plan and budget (where
      the Board has failed to appropriately consider community input)
   - It was recognized that, while it was clearly important that the
ICANN Board
   be accountable to the community, it was also essential for the community
   itself to meet high standards of accountability.

Introducing Fundamental ("Golden") Bylaws

   - The CCWG-Accountability proposed to introduce Fundamental Bylaws
   (previously referred to as "Golden" Bylaws), in ICANN's revised Bylaws
   that would add additional robustness to key provisions. These Fundamental
   Bylaws should be changeable, but any change should require a very high
   standard of community approval.
   - Four key topics were proposed as potential new Fundamental Bylaws:
      - ICANN's Mission (some provisions also identified for possible
      elevation to ICANN's Articles of Incorporation
      <https://www.icann.org/resources/pages/governance/articles-en>)
      - Enhanced Independent Review Process
      - The power to veto Bylaw changes
      - New community powers ("Empowering the community" above)

Independent Review Process

   - There was general agreement to enhance ICANN's existing Independent
   Review Process
   <https://community.icann.org/download/attachments/52888740/IRP%20Accountability%20Mechanism%20Template%20.pdf?version=1&modificationDate=1426866536000&api=v2>
[PDF,
   74 KB] rather than create a new process. Possible enhancements include
   making the process more accessible and affordable and having a standing
   panel (to help with consistency of decision making) that produces binding
   outcomes. ICANN's Mission and Core Values would guide the decisions.

General discussion

   - There was debate about the accountability mechanisms to be proposed as
   Work Stream 1 –ICANN accountability processes that need to be in place
   or agreed to before the IANAStewardship Transition can occur – and broad
   agreement to continue developing proposals on six core themes:
      - Revisions to the mission, commitments and core values
      - Enhancement of the independent review process
      - Establishing fundamental bylaws
      - Mechanisms for community empowerment
      - Transcription of the AoC provisions and reviews into the Bylaws
      - Enhancements to reconsideration processes

What comes next?

   - All recommendations by CCWG-Accountability will be subjected to stress
   tests against contingencies already identified by the group
   <https://community.icann.org/display/acctcrosscomm/ST-WP+Draft+Documents>
   .
   - The CCWG-Accountability will refine its recommendations and expects to
   put its draft out for public comment within the next few weeks. Based on
   input from the wider community, the CCWG-Accountability expects to hold
   further deliberations during ICANN 53.
   - Given the potential significant impact to ICANN and the global
   community of the proposals CCWG-Accountability is considering, the group is
   discussing the need to hold dual public comment processes, to ensure its
   recommendations are given the broadest consideration by the community.

CWG-Stewardship comes closer to converging on a single solution in Istanbul
Reducing the possible number of potential structures/models on the table

   - Entering the meeting, the CWG-Stewardship was considering seven
   possible models of what a post-NTIA IANA stewardship could look like:
   two external solutions (Contract Co. and Trust); two internal solutions
   (Accountability mechanisms and Trust); and three hybrid/integrated models (
   IANA subsidiary/ "affiliate" of ICANN, IANA shared services agreements
   and Standalone IANAentity). Following preliminary legal advice presented
   by Sidley Austin
   <https://community.icann.org/download/attachments/52891634/LegalOverview_26March.pptx?version=1&modificationDate=1427359362000&api=v2>
[PPTX,
   853 KB] and subsequent discussion amongst CWG-Stewardship members of the
   pros and cons of the different models, there was agreement to actively
   investigate the following two models: Accountability mechanisms with
   functional separation and Accountability mechanisms with legal separation
   (also called the IANA subsidiary or "affiliate" of ICANN).
      - The remaining five models were not entirely dismissed and could be
      revived if either or both of the above models prove inadequate.

Design Teams

   - Eight of the proposed fourteen Design Teams
   <https://community.icann.org/display/gnsocwgdtstwrdshp/Design+Teams> had
   been active before the Istanbul meeting, with a fifteenth, on the
IANA budget,
   being added on the final day of the meeting. The Design Teams reported back
   to the group on their progress. Detailed information on the Design Teams
   and their activities can be found in the documents marked "DT."
   <https://community.icann.org/pages/viewpage.action?pageId=52894123> A
   summary of the status of the Design Teams as of 27 March is available on
   Slide seven.
   <https://community.icann.org/download/attachments/52894123/CWG_Stewardship_Handouts_04.pdf?api=v2>
[PDF,
   1.2 MB]

What comes next?

   - Design Teams aim to complete their work by 10 April for review by
   CWG-Stewardship. Accepted work will be inserted in the appropriate section
   of the draft names proposal.
   - CWG-Stewardship has revised its upcoming timeline slightly and
   extended the Public Comment period for its draft proposal from 21 to 30
   days. See "Upcoming Key Dates" below.
   - Three versions of the group's final proposal will be developed. One
   version will be submitted to theIANA Stewardship Coordination Group (ICG)
   for consideration. A second, more detailed version will explain the
   reasoning behind choices in the proposal and provide more information about
   the implementation of the post-NTIA model for the names component
of IANA stewardship.
   A third, short version, produced with the assistance of ICANN communications
   staff, will be made available as a summary for members of the community not
   involved with the process on a day-to-day level.

Inter-community correspondence

   - On 19 March, a group of registries submitted
   <http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002385.html>
a guidance
   document
   <https://community.icann.org/download/attachments/52894123/IANA%20Stewardship%20Transition%20-%20Guidance%2019%20March%202015.pdf?api=v2>
[PDF,
   99 KB] to CWG-Stewardship aimed at delivering the most minimal, simple and
   lightweight structures possible while meeting the needs of stakeholders and
   avoiding the creation of new, unnecessary structures and complexities.
   - On 22 March, the Consolidated RIR IANA Stewardship Proposal (CRISP
   <https://www.nro.net/news/final-proposal-crisp>) Team Co-Chairsrequested
   <http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002444.html> that
   the CWG-Stewardship Co-Chairs communicate with them directly and in a
   timely manner on developments that might affect the Numbers community, and
   not wait for the final submission of the names proposal to the ICG.
   - Also on 22 March, the Registries Stakeholder Group (RySG
   <http://gnso.icann.org/en/about/stakeholders-constituencies/rysg>)
   submitted
   <http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002417.html> a
   statement
   <https://community.icann.org/download/attachments/52894123/RySG%20IANA%20Statement%203%2022%202015%20%28Final%29.docx?api=v2>
[DOCX,
   34 KB] to CWG-Stewardship. Among other issues, the statement recommended:
   avoid creating new accountability concerns by minimizing the creation of
   new structures; identifying processes for improvements to the performance
   of the IANA functions and oversight structures; and identifying stable
   funding streams for the IANA functions from fees paid to ICANN by gTLDs
   and ccTLDs.
   - On 26 March, the Country Code Name Supporting Organization (ccNSO
   <http://ccnso.icann.org/>) Council Chairs wrote
   <http://ccnso.icann.org/about/holland-et-al-to-lise-et-al-26mar15-en.pdf>[PDF,
   52 KB] to the CWG-Stewardship and CCWG-Accountability Co-Chairs to report
   that theccNSO intended to have the IANA and accountability proposals
   presented at the next face-to-face meeting of the ccNSO at ICANN 53 in
   Buenos Aires and, if the ccTLDs present at the meeting express support for
   the proposals, the ccNSO Council would then make a decision on whether
   to adopt the proposals. Therefore, the earliest the ccNSO could make a
   decision is 21-25 June 2015.
   - On 26 March, a German position paper
   <https://community.icann.org/download/attachments/52894734/German%20Position%20Paper%20IANA%20transition%200326%5B1%5D.pdf?version=1&modificationDate=1427447800000&api=v2>
[PDF,
   26 KB] on the IANA Stewardship Transition, developed via a
   multistakeholder process and backed by the German government, was sent
   <http://mm.icann.org/pipermail/cwg-stewardship/2015-March/002471.html> to
   the CWG-Stewardship Co-Chairs. Among its recommendations, the paper
   suggests that there must be binding rules implemented that protect ICANN and
   the IANA functions from possible threats toICANN's existence (such as
   insolvency) before the transition occurs. The paper also recommends it
   should remain possible to separate the technical execution of the
IANA functions
   from ICANN.
   - On 26 March, the U.S. Government Accountability Office (GAO
   <http://www.gao.gov/>) requested
   <http://mm.icann.org/pipermail/accountability-cross-community/2015-March/001939.html>
a
   teleconference with the Co-Chairs of the CCWG-Accountability on 7 or 8
   April 2015. GAO is reviewing NTIA's proposed transition of IANA Stewardship
   in response to a request by the Chairs of the U.S. House Committee on
   Energy and Commerce <http://energycommerce.house.gov/> and its
Communications
   and Technology Subcommittee
   <http://energycommerce.house.gov/subcommittees/communications-and-technology>
   .

Upcoming key dates 31 Mar 2015CCWG-Accountability Meeting #18
<https://community.icann.org/display/acctcrosscomm/Meetings>, 6:00 UTC 2
Apr 2015CWG-Stewardship Meeting #33
<https://community.icann.org/display/gnsocwgdtstwrdshp/Meetings>,
17:00-19:00 UTC 7 Apr 2015CCWG-Accountability Meeting #19
<https://community.icann.org/display/acctcrosscomm/Meetings>, 19:00UTC 10
Apr 2015 Deadline for CWG-Stewardship Design Teams to provide content 13-14
Apr 2015 CWG-Stewardship intensive working days 14 Apr 2015CCWG-Accountability
Meeting #20 <https://community.icann.org/display/acctcrosscomm/Meetings>,
12:00UTC 20 Apr 2015 Public Comment period for CWG-Stewardship draft
proposal begins 21 Apr 2015CCWG-Accountability Meeting #21
<https://community.icann.org/display/acctcrosscomm/Meetings>, 6:00UTC 20
May 2015 Public Comment period for CWG-Stewardship draft proposal ends 30
May 2015 CWG-Stewardship High-Intensity Weekend 8 Jun 2015 CWG-Stewardship
delivers names proposal to ICANN SOs & ACs 18-19 Jun 2015ICG Face-to-Face
Meeting, ICANN 53 <https://buenosaires53.icann.org/>, Buenos Aires 25 Jun
2015 CWG-Stewardship delivers names proposal to ICG
<https://www.ianacg.org/> Latest documents and drafts 24 Mar 2015
CWG-Stewardship - Overview Handout from Istanbul Face-to-Face meeting
<https://community.icann.org/download/attachments/52894123/CWG_Stewardship_Handouts_04.pdf?api=v2>
[PDF,
1.2 MB] 27 Mar 2015 CCWG-Accountability - Sidley Preliminary Draft
Responses to CCWG Legal Sub-team Questionnaire
<https://community.icann.org/download/attachments/52890082/Sidley%20Preliminary%20Draft%20Responses%20to%20CCWG%20Legal%20Sub-team%20Questionnaire.pdf?version=1&modificationDate=1427711507000&api=v2>
[PDF,
821 KB] CCWG-Accountability - Adler Colvin Preliminary Responses to CCWG
Legal Sub-team
<https://community.icann.org/download/attachments/52890082/Adler%20Colvin%20Preliminary%20Responses%20%2800663636xA3536%29.pdf?version=1&modificationDate=1427711471000&api=v2>[PDF,
122 KB] 18 Mar 2015 CWG- Stewardship - Draft Transition Plan V2.2.1
<https://community.icann.org/download/attachments/49351404/CWG%20-%20Draft%20Transition%20Plan%20V2.2.1.docx?version=1&modificationDate=1426689336000&api=v2>
[DOCX,
168 KB] 15 Mar 2015 CWG-Stewardship - Sidley Preliminary Draft Response to
legal questions
<https://community.icann.org/download/attachments/52894123/Sidley%20Preliminary%20Draft%20Response%20%2803-18-15%29.pdf?api=v2>
[PDF,
155 KB]IANA Stewardship Transition in the news 25 Mar 2015Temi importanti
per i proprietari di marchi
<http://www.insidemarketing.it/temi-importanti-per-proprietari-di-marchi_5849/>,
Inside Marketing [IT] 16 Mar 2015IANA機能の監督権限の移管について
<https://www.nic.ad.jp/ja/governance/iana.html>, JPNIC [JP] 9 Mar 2015Mutations
dans la gouvernance de l'internet dans le monde: Les Etats africains
invités à faire des propositions
<http://www.lesoleil.sn/index.php?option=com_content&view=article&id=45240:mutations-dans-la-gouvernance-de-linternet-dans-le-monde--les-etats-africains-invites-a-faire-des-propositions&catid=195:medias&Itemid=109>,
Le Soleil [FR] 8 Mar 2015"互联网+":法律政策怎么加?
<http://www.eeo.com.cn/2015/0308/273340.shtml>, 经济观察网 [CN] You can play a
role in IANA's future…

*Anyone can participate in discussions about the future of IANA's
stewardship and ICANN accountability. For information on
joining CWG-Stewardship, contact grace.abuhamad at icann.org
<grace.abuhamad at icann.org>. For information on joining CCWG-Accountability,
contact accountability-staff at icann.org <accountability-staff at icann.org>.*

*Compiled on behalf of ICANN by Samantha Dickinson | 31 March 2015*

This update can also be found here:
https://www.icann.org/resources/pages/iana-stewardship-discussion-2015-03-31-en
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