[Internal-cg] Contracting

Tue May 5 07:11:13 UTC 2015

Hello Alissa,

yes, the Chair of the ICANN Board can and should answer questions from the ICG about the corporation, even if they are related to Staff. In the latter case, he would ask CEO (who is an ex-officio member of the Board) to find out and report to the full Board.

For reasons I already explained, including the need to respect parallel form, I think it would not be appropriate for you, on behalf of ICG, to address concerns or questions to any other level, such as BGC Chair, or ICANN CEO. It boils down to the fact that ICG is not subordinate to ICANN, and accountability is a duty of the Board.

Best regards,
Jean-Jacques.

----- Mail original -----
De: "Alissa Cooper" <alissa at cooperw.in>
À: "Jean-Jacques Subrenat" <jjs at dyalog.net>
Cc: internal-cg at ianacg.org, "joseph alhadeff" <joseph.alhadeff at oracle.com>
Envoyé: Lundi 4 Mai 2015 23:18:33
Objet: Re: [Internal-cg] Contracting

Hi Jean-Jacques, 

Yes. I’m fine with what you suggest. My only question is whether the Board/Board chair will be able to answer for the position of the staff. I noted in one of Bruce’s emails < http://mm.icann.org/pipermail/accountability-cross-community/2015-April/002685.html > that the Board did not seem to have been involved in some of the discussions that have spurred interest in this topic. What do you think? 

Thanks, 
Alissa 

On May 4, 2015, at 7:33 AM, Subrenat, Jean-Jacques < jjs at dyalog.net > wrote: 

Hello Alissa, 

did you see my email on this? Here's a copy: 

"Hello Joe, 

I agree with you, and sorry that was not clear in my response: our Chair would of course write on behalf of the ICG as a whole. 
My message was to insist that she send the message to the Chair of the ICANN Board, who would of course share it with the full Board (as a former member of the ICANN Board, I can guarantee this would be the case). There would be no point of sending such a message to some VP, or even the CEO, as fiduciary duty lies with the members of the Board. 

Best regards, 
Jean-Jacques." 

Thanks. 

----- Mail original ----- 
De: "Alissa Cooper" < alissa at cooperw.in > 
À: "joseph alhadeff" < joseph.alhadeff at oracle.com > 
Cc: internal-cg at ianacg.org 
Envoyé: Lundi 4 Mai 2015 16:19:09 
Objet: Re: [Internal-cg] Contracting 

Hi Joe, 

Actually I was thinking we would just publish the statement on our site (since it’s generic and speaks to all participants in the process) and then when we write the note(s) to ICANN board/staff we could link to it or reproduce it in the note. But of course we could still reverse the order. 

Alissa 

On May 4, 2015, at 12:36 AM, joseph alhadeff < joseph.alhadeff at oracle.com > wrote: 

Alissa: 

I think this is good, but might reverse the order. 1st provide the statement reminding ICANN of the ICG's established requirements of transparency [Dear Board, We are writing further to our requirements of transparency set forth in the paragraph below] and then ask for a clarification on their position in relation to it. I can live with it either way. 

Best- 

Joe 
On 5/4/2015 12:55 AM, Alissa Cooper wrote: 

There have been a lot of emails circulating about this topic, not only on our list but also on the lists associated with CRISP, IANAPLAN, the CWG, and the CCWG. I think as a group we may be able to help sort things out, but we need to collectively find the best path forward. 

There seem to be roughly three schools of thought on this within the ICG: 

(1) We should say nothing as a group, or I as chair should forward queries to ICANN if we receive them from any operational community. 

(2) We should query the ICANN board and/or staff about reports we’ve seen concerning recent negotiations, seek clarification, and re-iterate our position about transparent, community-led processes. 

(3) We should re-iterate our position about transparent, community-led processes without direct reference to reports about recent negotiations. 

Concerning (1), although we have not received specific messages from operational communities to forward, ICG members from across all of the OCs have stated their support for us to take some action, either in the form of (2) or (3), which seems like a fairly strong endorsement. 

(2) and (3) are at odds with each other, however, since the former would require acknowledging recent reports and specifically asking about them, and the latter would require us to avoid referencing those same reports. 

My suggestion for a middle ground is for us to issue a neutral statement that re-iterates our position (a la (3)) and then forward that statement to the ICANN board and staff with a further query. I’ve taken a shot at drafting both of those pieces below. I’ve edited the statement to try to make it more neutral. Feedback is of course welcome. 

As for mechanics, we could liaise this to the board via Kuo. I very much appreciate the messages he has already sent as well as the notes Bruce has sent on other lists, but I think it might be helpful to get one consolidated statement from the board on this topic. 

It’s less obvious to whom we should address a note to ICANN staff (liaising via Elise is a possibility, but perhaps not ideal), or whether we should send one note and request responses from both the board and staff. I understood Bruce to be saying that the board is not necessarily involved in these discussions with the staff, so separate notes may be better. 

Thoughts? 

Alissa 

--- 

Proposed statement and note: 

Dear <insert appropriate ICANN recipient(s) here>, 

The ICG believes it would be beneficial for the transition process if ICANN could clarify its position related to the statement below. Specifically, if ICANN takes issue with provisions in any of the draft proposals relating to contracts or other agreements, the ICG requests that those opinions be made public. 

Thanks, 
The ICG 

-- 

ICG Statement on Contracts and Other Agreements 

As the development of the proposal for the IANA stewardship transition proceeds, operational communities have begun discussions with ICANN concerning contracts and other agreements called for in their community transition proposals. The ICG expects -- as it has from the very beginning of the transition process -- that all interested parties express their opinions about the transition proposals openly and transparently within the community processes. This includes opinions about the provisions, principles, and mechanisms associated with contracts or other agreements between the communities and the IANA functions operator. It is particularly crucial that the opinions of the proposed contracted parties be shared within the community processes as early as possible. 
_______________________________________________ 
Internal-cg mailing list 
Internal-cg at mm.ianacg.org 
http://mm.ianacg.org/mailman/listinfo/internal-cg_ianacg.org 

_______________________________________________ 
Internal-cg mailing list 
Internal-cg at mm.ianacg.org 
http://mm.ianacg.org/mailman/listinfo/internal-cg_ianacg.org 

_______________________________________________ 
Internal-cg mailing list 
Internal-cg at mm.ianacg.org 
http://mm.ianacg.org/mailman/listinfo/internal-cg_ianacg.org 