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IAB comments on the CCWG accountability 3d draft report
statement-iab-comments-on-the-ccwg-accountability-3d-draft-report-00

Document Type IAB Statement
Title IAB comments on the CCWG accountability 3d draft report
Published 2015-12-16
Metadata last updated 2023-08-09
State Active
Send notices to (None)
statement-iab-comments-on-the-ccwg-accountability-3d-draft-report-00

On 16 December 2015, the IAB posted a response to the ICANN CCWG-Accountability survey for the third draft report. Here is what we sent:

Each survey question related to a particular recommendation in the draft report, and asked the responding party to select either, “Yes, I support this recommendation,” or “No, I do not support this recommendation.” Each question permitted comments. Where we provided comments, we have reproduced them here.

Recommendation 1: Establishing An Empowered Community For Enforcing Community Powers

IAB selects: Yes, I support this recommendation.

Comment: In our comment on the CCWG’s previous draft (draft 2), the IAB observed that the mechanism then proposed appeared to be risky because of the extent to which it remade ICANN organizationally. We believe that the new proposal, while not perfect, is an improvement over the previous proposal.

Recommendation 2: Empowering The Community Through Consensus: Engage, Escalate, Enforce

IAB selects: Yes, I support this recommendation

Comment: The IAB is encouraged that the current proposal focuses on dialogue and negotiation rather than direct recourse to formal legal proceedings.

Recommendation 3: Redefining ICANN’s Bylaws As ‘Standard Bylaws’ And ‘Fundamental Bylaws’

IAB selects: Yes, I support this recommendation (no comment)

Recommendation 4: Ensuring Community Involvement In ICANN Decision-Making: Seven New Community Powers

IAB selects: No, I do not support this recommendation

Comment: The IAB has in its previous comments been on the record as supporting community empowerment.

During the course of its review, the IAB noted that its request that protocol parameters decisions be excluded from the IRP mechanism was not reflected in the document. We understand that this is an oversight, and we look forward to it being corrected. Assuming that resolution, our selection here would change to support of this recommendation; otherwise we cannot support it.

Separately, we observe that the ability of the community to remove board members means that there is a possibility that members appointed by the nomcom will be removed. It is not really clear how such members would be replaced, and it will be very important to ensure that such a replacement mechanism be in place long before it ever needs to be used. As a remediation of this concern, we urge the CCWG to take up this issue in workstream 2.

Recommendation 5: Changing Aspects Of ICANN’s Mission, Commitments And Core Values

IAB Selects: Yes, I support this recommendation.

Comment: The IAB notes with pleasure that its previous concerns about the scope of the mission have been resolved in the text in these recommendations. We look forward to final bylaws text in keeping with this recommendation.

Recommendation 6: Reaffirming ICANN’s Commitment To Respect Internationally Recognized Human Rights As It Carries Out Its Mission

IAB Selects: Yes, I support this recommendation.

Comment: The IAB’s “support” in this case would be better understood as not having an opinion. The IAB is not opposed to this addition.

Recommendation 7: Strengthening ICANN’s Independent Review Process

IAB selects: No, I do not support this recommendation

Comment: As noted in our comment related to recommendation 4, during the course of its review, the IAB observed that its request that protocol parameters decisions be excluded from the IRP mechanism was not reflected in the document. We understand that this is an oversight, and we look forward to it being corrected. Assuming that resolution, our selection here would change to support of this recommendation; otherwise we cannot support it.

Recommendation 8: Fortifying ICANN’s Request For Reconsideration Process

IAB Selects: Yes, I support this recommendation. (no comment)

Recommendation 9: Incorporation of the Affirmation Of Commitments

IAB Selects: Yes, I support this recommendation. (no comment)

Recommendation 10: Enhancing the Accountability of Supporting Organizations and Advisory Committees

IAB Selects: Yes, I support this recommendation. (no comment)

Recommendation 11: Board obligations regarding Governmental Advisory Committee Advice (Stress Test 18)

IAB Selects: Yes, I support this recommendation. (no comment)

Recommendation 12: Committing To Further Accountability Work In Work Stream 2

IAB Selects: Yes, I support this recommendation. (no comment)

Additional comments: The IAB thanks the members of the CCWG for the considerable efforts put into this report, and for its consideration of the previous public comments.

The IAB had some reservations about using the survey-style feedback mechanism; but given the long record of public deliberation and the very short time available, we decided this was a practical method for this occasion. Under other circumstances we would likely choose a different method to communicate our remarks.