OEC Attendees: Avri Doria, Danko Jevtovic, Lito Ibarra and Matthew Shears
Other Attendee: Göran Marby (President and CEO)
Executive and Staff Attendees: Michelle Bright, Franco Carrasco, Emily Crane Pimentel, Samantha Eisner, Negar Farzinnia, Larisa Gurnick, Lars Hoffmann, Aaron Jimenez, Vinciane Koenigsfeld, Cyrus Namazi, Becky Nash, Sally Newell-Cohen, Wendy Profit, Laena Rahim, Charla Shambley and Theresa Swinehart
The following is a summary of discussions, decisions, and actions identified:
The Meeting was called to order at 16:00 UTC.
In the OEC Chair's absence, Avri Doria chaired the meeting.
Agenda – Avri Doria established the agenda for the meeting and gave an overview of items to be discussed.
Annual Review Implementation Report: Next Steps – Under Section 4.5 of the Bylaws, the ICANN organization is required to produce an Annual Review Implementation Report on the state of specific reviews. The OEC and the ICANN organization continued its discussion on this agenda item.
The ICANN organization's recommendation to the OEC is to include a section on the Annual Review Implementation Report in ICANN's Annual Report, which fulfills the Bylaws requirement and is aligned with the ICANN organization's efforts to consolidate various reports into the Annual Report (for instance, the Annual Transparency Report and the Contractual Compliance Report). The FY19 Annual Review Implementation Report will include updates on the first set of recommendations considered since the Specific Reviews were incorporated into the Bylaws, and the proposed approach would reduce redundant and overlapping content from various reports. While the Annual Review Implementation Report will be included as a section within the ICANN Annual Report, it will also be available as a separate, stand-alone document with its distinct heading and unique URL, making it searchable on icann.org.
The ICANN organization provided assurance to the OEC that the proposed approach fulfills the Bylaws requirements, and that the combined reports will be published no later than 120 days after the close of ICANN's fiscal year, in line with the Annual Report requirements. As part of its usual process, the ICANN organization will promote awareness of the publication of the Annual Review Implementation Report, through various methods, e.g. blogs, announcements, webinars etc.
Some observations and feedback from the OEC on this topic include:
- Göran Marby reiterated his support for the proposal, as it aligns with the ICANN organization's efforts towards streamlining the various reports currently produced by ICANN.
- The OEC is agreeable with the proposed approach. Given the importance of the Annual Review Implementation Report, the OEC is satisfied that it would be distinguishable from the other sections of the Annual Report, and that it can be read separately.
- The ICANN organization to provide the OEC with relevant analytical data in relation to the current readership and circulation of the ICANN Annual Report.
Root Server System Advisory Committee ("RSSAC") Review – The ICANN organization provided a brief update on the status of the RSSAC Review. In line with its oversight responsibilities for Organizational Reviews, and to conclude the RSSAC Review, the OEC discussed the proposed recommendation to the Board to accept the Final Report, to accept the Feasibility Assessment and Initial Implementation Plan, subject to appropriate implementation costing, and to instruct the RSSAC to commence implementation, the first step of which is to draft a detailed implementation plan within six months of the relevant Board resolution.
The OEC provided feedback to enhance the clarity of the recommendation to the Board. In addition, the OEC discussed that, in order to facilitate the implementation of the review recommendations, the Board is also being asked to initiate the standard Bylaws amendment process to reflect changes to the RSSAC leadership structure in a manner that supports the outcome of the Organizational Review, allowing for an updated leadership structure in advance of the RSSAC's next leadership selection cycle.
The OEC concluded its discussion on this topic. Subject to the agreed changes being incorporated into the Board Paper, the OEC approved the recommendation to the Board to accept the Final Report, to accept the Feasibility Assessment and Initial Implementation Plan, subject to appropriate implementation costing, and to instruct the RSSAC to commence implementation, the first step of which is to draft a detailed implementation plan within six months of the relevant Board resolution.
- The ICANN organization to forward the recommendation to the Board for consideration at an upcoming meeting.
Operating Standards – The ICANN organization has updated the draft Operating Standards, modifying and developing new sections of content to incorporate feedback from public comment (wherever possible), webinars, as well as best practices and lessons learned during the Specific Review work that has been conducted since the inception of the new Bylaws. Some key sections of the Operating Standards which have been updated include:
- monitoring review progress;
- scope setting; and
- decision-making procedures.
Upon being briefed by the ICANN organization on the Operating Standards, the OEC engaged in an in-depth discussion relating to the provisions of the Operating Standards, including sections such as:
- Section 1.1 (Background);
- Section 2.3 (Call for Volunteers): The OEC recommended including a minimum and maximum timeframe;
- Section 3.12 (Confidential Disclosure Framework): The OEC raised a concern relating to the provision that Review Team members may not have equal access to documents based upon who signs a non-disclosure agreement, and requested information on whether there was a way to require that all Review Team members to have uniform access. The ICANN organization agreed to review the Bylaws to ensure that the current provision is consistent and compliant with the Bylaws; as well as assess the possibility of making any modification and/or recommendation to the OEC for future changes that may provide more assurances around this area; and
- The OEC and the ICANN organization concurred that the Operating Standards will be a living document that is continually edited and updated, as and when necessary, to take into account the lessons and best practices from recent reviews.
- The ICANN organization to provide the OEC with further clarification and responses on the outstanding issues which was raised during the meeting pertaining to the Operating Standards, prior to the OEC providing its recommendation to the Board.
IANA Naming Function Review (IFR) – Further to the OEC's earlier discussion on the IFR at its 8 January 2019 meeting, the ICANN organization provided a brief update on the status of the IFR.
Under Section 18.2 of the Bylaws, the ICANN Board convened the first Periodic IFR in September 2018. In making appointments to the IFR Team, as required under Article 18 of the Bylaws, the ccNSO Council has run into complications in identifying a non-ccNSO ccTLD representative. The IFR Team work has not commenced, as the ccNSO is continuing its efforts to complete the composition. Due to the changing composition of the ccNSO in the years since the IANA Stewardship Transition, the ccNSO is having difficulty locating a non-ccNSO ccTLD representative as required by Section 18.7(b) of the Bylaws.
On 12 April 2019, the ICANN Board received an email from Katrina Sataki, on behalf of the ccNSO Council, requesting the Board initiate the Fundamental Bylaws Amendment process under Section 25.2 of the Bylaws, in order to remedy the issue that the ccNSO has identified in meeting the composition requirements, and proposed language for such amendment. The email will be posted on the correspondence page of ICANN's website to ensure that there is transparency across the ICANN community. The ICANN organization noted that the Fundamental Bylaws Amendment process would take approximately six months to complete.
Pursuant to the ICANN organization's update and clarification on the outstanding issue, the OEC deliberated and agreed to continue its discussion on the proposed language modification as presented by the ccNSO, and to consider other options and/or recommendations to address the issue before providing its recommendation to the Board.
Confirmation of Actions Taken Via E-mail:
- OEC Preliminary Report (meeting of 8 January 2019) – The Preliminary Report from the OEC meeting of 8 January 2019 was approved by the OEC on 8 February 2019.
- Acceptance of the Second Organizational Review of the Nominating Committee: Final Report and Feasibility Assessment and Initial Implementation Plan - The OEC received the Final Report and Feasibility Assessment and Initial Implementation Plan on 21 February 2019 and provided its approval on 24 February 2019.
- Process for Streamlining Organizational Reviews – This is an ongoing process. The OEC received the document enumerating the proposed process for streamlining Organizational Reviews on 22 February 2019; and the OEC approved it on 25 February 2019. The OEC informed the Board of the process and the Board agreed with it on 10 March 2019. Subject to the OEC's approval via email (pending), the proposal will be published for public comment.
Any Other Business
- Discussion on Reviews: Prioritization and Affordability at the Board Workshop, Istanbul (May 2019) – Avri Doria highlighted that this topic will be discussed at the upcoming Board Workshop in Istanbul. The discussion will focus primarily on the costing, prioritization and phasing of implementation of recommendations arising from reviews.
Avri Doria called the meeting to a close.
Published on 17 May 2019