Dear SO & AC Chairs,

The CCWG-Accountability (CCWG) at its face to face meeting at the ICANN 56 in Helsinki considered the implications of the collision of topics, and therefore efforts, between ATRT3 and Work Stream 2 (WS2) (please see Annex 1 for a detailed consideration of this issue).

In its discussion of this issue the CCWG considered the following points:

·        Collision of topics between WS2 and ATRT3 - There is potential for significant overlap between WS2 topics and the scope of ATRT3 as 6 of the 9 WS2 topics are accountability and transparency issues ATRT3 could also consider.

·        Timing of the two activities - WS2 began in July 2016 with an objective of completing its work by the end of 2017. ATRT3, which is expected to take 12 months to complete, is currently scheduled to begin in January 2017 but could potentially be delayed until February 2018 under the new Bylaws (which require ATRT every 5 years versus the AoC requirement for every 3 years). It would seem inefficient, at best, to have both of these activities working on the same topics independently, while drawing on the same pool of community volunteers. At worst, ATRT3 and WS2 groups could issue recommendations that are conflicting or duplicative.

·        Implementation of recommendations – The Bylaws for WS2 give CCWG recommendations greater weight when it comes to board consideration, relative to recommendations from an ATRT organized under the AoC.

While in Helsinki, the CCWG concluded its preferred approach, as communicated in our 8-Aug-2016letter to the Board of ICANN:

Convene ATRT3 as soon as possible with the limited scope of assessing implementation of ATRT2 recommendations. Allow WS2 to handle new recommendations for accountability and transparency. The fourth ATRT would convene before 2022 and would assess all accountability and transparency topics and make recommendations

The ICANN Board replied to the CCWG letter on 24-Oct-2016, saying,

It is not up to the Board to dictate the scope of this important community review. While we share the concerns raised of avoiding duplication of resources, it is essential that the broader ICANN community have a voice in determining how the ATRT3 should be scoped in alignment with the Bylaws. The Board and the ICANN Organization stand ready to support the community’s direction.

Accordingly, the CCWG is now proposing to community leadership the following approach:

•      Requesting that the SO/AC leadership select (following the new Bylaws) a small group of review team members that have either participated in or closely tracked ATRT2.

•      Requesting the ICANN organization to do a "self-assessment" reporting on a) the extent to which each recommendation was followed and/or implemented; b) the effectiveness in addressing the issues identified by ATRT2; and c) the need for additional implementation.

•      Specifically request that the Review Team exclude the issues that are already covered by the CCWG-Accountability WS2 (see Annex 1).

•      Suggesting that the work be conducted & completed more quickly than normal, such as asking that the Final Report be issued within six months

If the suggested approach above is agreeable to SO/AC community, the next steps would be:

•      SO/AC leadership to issue a public statement or a letter to ICANN CEO and Board Chair that explains why limited scope is appropriate and articulates that they have broad support of the ICANN community

•      Call for Volunteers to note limited scope & unique expertise sought

•      Reach out to previous ATRT Review Team members and encourage them to apply for the narrowly-scoped ATRT3 Review Team

•      Propose a Charter for the ATRT3 Review Team to adopt that tracks the limited Scope

 

Best regards,

Thomas Rickert, Leon Sanchez & Mathieu Weill

CCWG-Accountability Co-chairs