Acceptance of the Final Report on the Second Organizational Review of the ccNSO and Initiation of Bylaws Amendment Process

Why is the Board addressing the issue?

To ensure ICANN's multistakeholder model remains transparent and accountable, and to improve its performance, ICANN conducts Organizational Reviews of its Supporting Organizations, Advisory Committees (other than the Governmental Advisory Committee) and the Nominating Committee, as detailed in Section 4.4 the ICANN Bylaws.

Reviews are critical to maintaining an effective multistakeholder model and helping ICANN achieve its Mission, as detailed in Article 1 of the Bylaws. Reviews also contribute to ensuring that ICANN serves the public interest.

The second Country Code Names Supporting Organization Review (ccNSO2 Review) commenced in August 2018. The independent examiner conducting the review produced a final report that was published in August 2019. The ccNSO2 Review Working Party, based on its detailed review of the independent examiner's final report, prepared a Feasibility Assessment and Initial Implementation Plan (Feasibility Assessment), approved by the ccNSO Council on 24 June 2020. The ccNSO2 Review Working Party has made considerable progress on the implementation of recommendations since the ccNSO2 Review final report was published in August 2019 and the Feasibility Assessment was published in July 2020.

The status of recommendations and the level of remaining implementation work as of 3 June 2021 is documented in the reference document that ICANN org produced at the request of the OEC and the ccNSO Council confirmed on 17 June 2021. Details of the activities that the ccNSO has carried out towards implementation and the rationale for the ccNSO's conclusion are also provided in ICANN org's compilation. The role of the Board is to ensure that the review process was in compliance with the relevant Bylaw provisions

What is the proposal being considered?

The proposal being considered is for the Board to accept the independent examiner's final report and the ccNSO2 Review Working Party's Feasibility Assessment. The Board is being asked to acknowledge the ccNSO's implementation work aimed at improving the ccNSO's effectiveness, transparency, and accountability, in line with the findings from the independent examiner, and accept the status of implementation of recommendations from the ccNSO2 Review as reported by the ccNSO, thereby completing the ccNSO2 Review. The Board is also being asked to consider requesting the ccNSO to provide periodic updates on progress toward completing implementation of the three recommendations for which the ccNSO has reported that implementation is not yet complete, starting within six months from this Board action.

Further, the Board is being asked to approve the initiation of the Standard Bylaws Amendment Process to allow for consideration of the ccNSO Council's requested changes to Articles 10 and Annex B of the ICANN Bylaws, and directs the ICANN President and CEO, or his designee, to post those proposed amendments for public comment.

Independent Examination

Meridian Institute was appointed as the independent examiner for the second Country Code Names Supporting Organization Review (ccNSO2 Review) on 31 August 2018, in accordance with ICANN's procurement process that involved ICANN organization personnel and the Organizational Effectiveness Committee of the Board (OEC), which is responsible for overseeing the organizational review process. During its work, the independent examiner reviewed relevant documentation, conducted 45 targeted stakeholder semi-structured interviews with ccNSO members and participants, the wider ICANN community, the ICANN Board, and ICANN org, and gathered 78 complete responses to its online survey from 111 individuals. In addition, the independent examiner held regular meetings with the ccNSO2 Review Working Party throughout the review, including public meetings at ICANN64 and ICANN65,

The independent examiner published an assessment report for community consultation on 8 April 2019 and hosted a community webinar on the assessment report on 17 April 2019. Following the standard ICANN process, a draft final report was published for public comment on 17 June 2019. The independent examiner hosted a community webinar on the draft final report on 10 July 2019.

The independent examiner submitted its final report on 29 August 2019. The final report included fourteen (14) underlying findings and fifteen (15) recommendations designed to address those findings.

Input from ICANN Community

In addition to the responses collected by the independent examiner through interviews and the online survey, and through the public consultation on the assessment report, two public comments were submitted on the draft final report (see the summary report of the public comment proceeding): one authored by the ccNSO Council, and one authored by the Business Constituency (BC). The ccNSO Council provided suggested amendments to the report in several areas, such as "in the next, final version of the report, the proposed recommendations could be updated to reflect existing implementation work", and "[i]n order to ensure a proper follow up of the recommendations, the ccNSO Council would like to receive guidance about who should be responsible for it". The BC noted support for the draft final report.

The ccNSO2 Review Working Party also provided direct feedback to the independent examiner on initial drafts of the assessment report, draft final report and final report.

ccNSO Response to the Recommendations

The ccNSO2 Review Work Party analyzed the independent examiner's recommendations for feasibility and usefulness, considered provisional budget implications, and anticipated resources to propose a prioritized implementation timeline in its Feasibility Assessment. In its Feasibility Assessment, the ccNSO2 Review Working Party supports 13 of the 14 findings, and six of the 15 recommendations issued by the independent examiner. The ccNSO Council approved the Feasibility Assessment on 24 June 2020.

The ccNSO proceeded with implementation work to address the findings identified by the independent examiner and supported by the ccNSO.

The independent examiner provided a briefing to the OEC on its final report and the ccNSO2 Review Working Party on its Feasibility Assessment on 11 August 2020. The OEC sought additional information and clarification from the ccNSO Council on elements of the Feasibility Assessment on 9 December 2020. For example, the OEC asked that the ccNSO2 Review Working Party detail specific steps that the ccNSO is taking, or planning to take, and what resources will be required in cases where the ccNSO2 Review Working Party supported the findings identified by the independent examiner, but not the recommendation. The OEC posed the same questions for recommendations supported by the ccNSO Review Working Party. Further, the OEC requested an implementation status update for recommendations that the ccNSO2 Review Working Party reported as already in progress. Finally, the OEC requested that the ccNSO2 Review Working Party provide detail as to ongoing activities that the ccNSO believes respond to the issues behind the recommendations that were not supported by the ccNSO2 Review Working Party, and potential ways to address the issues reported as deferred until the next ccNSO review.

The ccNSO Council provided the requested information to the OEC on 26 February 2021, noting that the ccNSO had progressed work on implementation of the recommendations from the independent examiner since the ccNSO2 Review final report was published in August 2019 and the Feasibility Assessment was published in July 2020. The ccNSO reported that of the 15 recommendations from the independent examiner, the ccNSO considers eight recommendations to be fully implemented in the manner proposed by the independent examiner and no further action is required; one recommendation to be in the process of implementation in the manner proposed by the independent examiner and no further action is required; three recommendations to be fully implemented, while not in the manner proposed by the independent examiner, and no further action is required; two recommendations require action from ICANN org; and one recommendation should be deferred to the next ccNSO review, if implemented at all.

At the request of the OEC, ICANN org compiled information from the ccNSO2 Review Working Party's Feasibility Assessment and the ccNSO Council's 26 February 2021 letter in order to provide the ICANN Board (through the OEC) and the ICANN community with a reference document for the status of the ccNSO2 Review recommendations.

The ccNSO Council confirmed its agreement with the status of recommendations and the level of remaining implementation work as detailed in the reference document on 17 June 2021.

Recommendations already implemented or in process to be implemented in the manner proposed by the independent examiner

The ccNSO proposes that implementation of Recommendations 1, 4, 6, 7, 9, 10, 12 and 13 is complete and no further action is required.

Recommendation 1 pertains to developing materials to clearly articulate the value of the ccNSO to members and potential new members.
Recommendation 4 pertains to amendments to Bylaws requirements for the composition of future IANA Naming Function Review teams to be geographically diverse and membership-neutral.
Recommendation 6 pertains to adjustments to the ccNSO meeting formats to allow more varied interactions between participants.
Recommendation 7 pertains to providing real-time scribing of ccNSO member meetings.
Recommendation 9 pertains to streamlining the mentorship program to more efficiently connect mentors to mentees.
Recommendation 10 pertains to collating resources for newcomers into one easily accessible location.
Recommendation 12 pertains to improving the process for naming, filing, and uploading documents to the ccNSO website to ensure a clear, transparent and efficient process.
Recommendation 13 pertains to adherence to the ccNSO Council Practices Guideline to ensure timely publication of meeting materials.
Further, the ccNSO notes that implementation of Recommendation 3, pertaining to updating to the ccNSO Working Group Guidelines to clarify and standardize processes, is in progress. The ccNSO reports that, upon adoption of the updated Guidelines, implementation will be complete and no further action will be required. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

Recommendations already implemented with alternative implementation steps

The ccNSO notes agreement with the findings identified by the independent examiner in relation to Recommendations 2a, 2b and 5. However the ccNSO disagrees that these recommendations should be implemented in the manner proposed by the independent examiner and follows alternative implementation steps for these recommendations.

Recommendations 2a and 2b pertain to measures to attract new participants to the ccNSO.
Recommendation 5 pertains to the number of consecutive terms that ccNSO Councilors may serve.
The ccNSO notes that, since the final report and Feasibility Assessment were presented to the OEC, the ccNSO has addressed the findings identified by the independent examiner. As such, the ccNSO proposes that implementation of Recommendations 2a, 2b and 5 be considered complete with no further action required. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

Recommendations that require action from ICANN org

The ccNSO reports that Recommendations 8 and 11 require action from ICANN org. Recommendation 8 asks that the ccNSO Council request that the written ccNSO course on the ICANN Learn portal should be translated into all ICANN languages. The ccNSO notes that the Chair of the ccNSO Council sent a letter to ICANN org to this effect on 4 May 2021, to which ICANN org responded noting that implementation steps are in progress. With regard to Recommendation 11 pertaining to updating the ccNSO website, the ccNSO notes that it has "been informed that updating the ccNSO website has become part of ICANN's ITI initiative as one of its (sub-) projects"1, and proposes that further action by ICANN org is required to complete implementation of Recommendation 11. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

Recommendations that pertain to future ccNSO reviews

Recommendation 14 calls for future reviewers to be subscribed to relevant mailing lists. The ccNSO believes that this recommendation "preempts on how the future reviewer intends to conduct its business"2, and as such, implementation of the recommendation should be deferred, to be revisited at the time of the third review of the ccNSO. The ccNSO provides supporting rationale for its proposal for each recommendation in the reference document.

OEC and Board Considerations and Actions

The OEC, as the ICANN Board committee overseeing Organizational Reviews, reviewed all relevant documents pertaining to the ccNSO2 Review in detail. Specifically, it considered the final report and the Feasibility Assessment, the public comment input, presentations from the independent examiner and the ccNSO2 Review Working Party, and input from the ccNSO with regard to work completed after the final report and Feasibility Assessment were submitted to the OEC.

Under the typical cadence and process for Organizational Reviews, the Board would accept the final report and the Feasibility Assessment and request the Review Working Party to develop a detailed implementation plan to be submitted to the Board within six months. The Board would pass a resolution to accept the implementation plan, and, once implementation is complete, a resolution to accept the final implementation report and mark the completion of the review.

The Board accepts that the ccNSO has made considerable progress on the implementation of recommendations since the final report and Feasibility Assessment were submitted to the OEC, and has provided an appropriate response to each of the findings presented by the independent examiner during the review. As such, the typical cadence and process for Organizational Reviews has been overtaken by the ccNSO's work and progress toward implementation since the final report and Feasibility Assessment were published, and several of the usual process steps are combined in this Board action.

The Board is requesting the ccNSO to provide periodic updates on progress toward completing implementation of the one recommendation for which the ccNSO has reported that implementation is in process, and the two recommendations for which the ccNSO has reported that action is required by ICANN org, starting within six months from this Board action.

Requested Bylaws Changes

The Board is also considering a proposal from the ccNSO to initiate a Standard Bylaws Amendment Process under Section 25.1 of the ICANN Bylaws. The ccNSO Council initially wrote to the ICANN Board of Directors on 7 February 2020 to request changes to Article 10 and Annex B of the ICANN Bylaws to support a more accurate description of the ccNSO's members and voting structure given the possibility of multiple ccTLD managers within a single country or territory. The ccNSO Council leadership coordinated with ICANN's legal department on the substance of the amendments, and after further consultation with the ccNSO membership, on 9 September 2021 the ccNSO Council chair renewed a request to the ICANN Board for initiation of the Standard Bylaws Amendment Process with refined language. As clarity in membership and voting structure is key for continued healthy operations of the ccNSO as anticipated through the Organizational Review Process, the OEC considered and recommended to the Board that the Standard Bylaws Amendment Process be initiated with the posting of the proposed changes for public comment. Neither the OEC nor the Board have evaluated the substance of the proposed Bylaws amendments, as that will be reserved until the Board can consider the public comments.

Which stakeholders or others were consulted?

In addition to the responses collected by the independent examiner through interviews and the online survey, and through the public consultation on the assessment report, two public comments were submitted on the draft final report (see the summary report of the public comment proceeding): one authored by the ccNSO Council, and one authored by the Business Constituency (BC). The ccNSO Council provided suggested amendments to the report in several areas, such as "in the next, final version of the report, the proposed recommendations could be updated to reflect existing implementation work", and "[i]n order to ensure a proper follow up of the recommendations, the ccNSO Council would like to receive guidance about who should be responsible for it". The BC noted support for the draft final report.

The ccNSO2 Review Working Party also provided direct feedback to the independent examiner on initial drafts of the assessment report, draft final report and final report.

What concerns or issues were raised by the community?

The community did not raise any concerns.

Are there positive or negative community impacts?

This Board action is expected to have a positive impact on the community as it supports the continuing process of facilitating periodic review of ICANN's Supporting Organizations and Advisory Committees, as mandated by the Bylaws.

What significant materials did the Board review?

The Board considered the relevant Bylaws provisions, the independent examiner's final report, the ccNSO2 Review Working Party's Feasibility Assessment, presentations to the OEC given by the independent examiner and the ccNSO2 Review Working Party, the ccNSO Council's 26 February 2021 letter, the reference document compiled by ICANN org, and the public comment input. The Board took onboard the OEC's considerations when making this decision.

Are there fiscal impacts or ramifications on ICANN (strategic plan, operating plan, budget); the community; and/or the public?

The Board anticipates that full implementation of the three recommendations for which implementation is not yet complete will have low or no additional fiscal impact. As such, this Board action is anticipated to have low or no additional fiscal impact.

Are there any security, stability or resiliency issues relating to the DNS?

This Board action is not expected to have a direct effect on security, stability or resiliency issues relating to the DNS.

How is this action within ICANN's Mission? How does it relate to the global public interest?

The Board's action is consistent with ICANN's commitment pursuant to Section 4 of the Bylaws to ensure ICANN's multistakeholder model remains transparent and accountable, and to improve the performance of its supporting organizations and advisory committees. This action will serve the public interest by contributing to the fulfillment of ICANN's commitment to maintaining and improving its accountability and transparency.

Is this either a defined policy process within ICANN's Supporting Organizations or ICANN's Organizational Administrative Function decision requiring Public Comment or not requiring Public Comment?

Public comments were received prior to Board consideration.