ICANN Resolutions » Board Consideration of Recommendations from the Cross Community Working Group on Enhancing ICANN Accountability
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Whereas, the Board acknowledges that the community is acting quickly to convene a Cross Community Working Group on Enhancing ICANN Accountability.
Whereas, the community input in evolving the Enhancing ICANN Accountability Process has been invaluable, and the Board looks forward to the receipt of recommendations that have broad community support and consensus.
Whereas, the Board understands that questions remain regarding how the Board will address the consensus recommendations developed through the Cross Community Working Group on Enhancing ICANN Accountability.
Resolved (2014.10.16.17), the Board commits to following the following principles when considering the Cross Community Working Group Recommendations on Enhancing ICANN Accountability and Governance:
These principles apply to consensus-based recommendations from the Cross Community Working Group on Enhancing ICANN Accountability and Governance.
If the Board believes it is not in the global public interest to implement a recommendation from the Cross Community Working Group on Enhancing ICANN Accountability and Governance (CCWG Recommendation), it must initiate a dialogue with the CCWG. A determination that it is not in the global public interest to implement a CCWG Recommendation requires a 2/3 majority of the Board.
The Board must provide detailed rationale to accompany the initiation of dialogue. The Board shall agree with the CCWG the method (e.g., by teleconference, email or otherwise) by which the dialogue will occur. The discussions shall be held in good faith and in a timely and efficient manner, to find a mutually acceptable solution.
The CCWG will have an opportunity to address the Board's concerns and report back to the Board on further deliberations regarding the Board's concerns. The CCWG shall discuss the Board's concerns within 30 days of the Board's initiation of the dialogue.
If a recommendation is modified through the CCWG, it is returned back to the Board for further consideration. The CCWG is to provide detailed rationale on how the modification addresses the concerns raised by the Board.
If, after modification, the Board still believes the CCWG Recommendation is not in the global public interest to implement the CCWG Recommendation, the Board may send the item back to the CCWG for further consideration, again requiring a 2/3 vote of the Board for that action. Detailed rationale for the Board's action is again required. In the event the Board determines not to accept a modification, then the Board shall not be entitled to set a solution on the issue addressed by the recommendation until such time as CCWG and the Board reach agreement.
In response to the community's call for a review of ICANN's accountability in light of the changing historical relationship with the United States Government, ICANN agreed to move forward with a process on Enhancing ICANN Accountability. Now that there is agreement that the process will move forward through a Cross Community Working Group, the community requested closure on how the Board would handle recommendations arising out of the Cross Community Working Group, with a particular concern on the Board's ability to modify or discard recommendations with which it does not agree. Given the community adoption of a Cross Community Working Group model, which includes a Board liaison, the Board looks forward to the continued dialogue throughout the process with all participants to build the recommendations and the broad consensus that will underlie each of these recommendations.
The Board heard the community concerns, and puts forward these principles to guide how the Board will consider the consensus recommendations arising from the Cross Community Working Group on Enhancing ICANN Accountability. These are modeled on the requirements for both the GNSO and ccNSO policy development processes, to acknowledge the broad-based contributions to the accountability work.
The adoption of these principles do not have any financial nor resource implications on ICANN that can be identified at this time. There are no anticipated impacts to the security, stability or resiliency of the DNS as a result of this decision.
This is an Organizational Administrative Function addressing public comments already received.