ICANN Transcription Discussion with new CEO Preparation Discussion Saturday, 5 March 2016

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Page 1 ICANN Transcription Discussion with new CEO Preparation Discussion Saturday, 5 March 2016 Note: The following is the output of transcribing from an audio recording. Although the transcription is largely accurate, in some cases it is incomplete or inaccurate due to inaudible passages or transcription errors. It is posted as an aid to understanding the proceedings at the meeting, but should not be treated as an authoritative record. On page: http://gnso.icann.org/en/group-activities/calendar Okay and then we had one final item which was our discussions with the NEW which hopefully will be kind to him since this will be his first -- he's not even on the job yet -- we don't want to scare him off. But - yes. Woman: Oh yes, we've already handled that. Well, at least his expectations for travel... Woman: Probably not high. Have been reset, exactly. So we have one question for the new CEO from Phil about plans to enhance the culture of accountability with ICANN staff. And Phil, do you want to take the lead on this one... Phil: Yes, I'll be glad to. I'll be brief. When I testified in Congress last May about ICANN accountability, I came up with the phrase Coacher of Accountability because I thought it's what's missing in action at ICANN. It's not trademarks so anyone can use it. And I think we want to raise that -- I think we want to be very nice to the new CEO in our first encounter with him. But we have learned recently from Fadi

Page 2 that it took him two years to figure out he was supposed to be working for the community -- and not just the Board. So I think we ought to gently inform the CEO that the community is ICANN -- that the Board is there to run it for the community -- and yes, he does have two Masters and he shouldn t ignore us. And I think this is also very important with assuming we approve the CCWG proposal. The fact is whether it's going to work or not -- we don't want to have to use it every time the community -- once it's in place -- have to uses the accountability mechanisms in the escalation process. In effect, it's a failure. I mean we want that power, but it's a failure and it represents a real disconnect the Board and senior staff and the community. And we want it to the extent we can change the mindset where they understand they need to consult with the community before making key decisions -- and make sure, you know, to minimize the friction -- I think that's what we want to go for. We don't want to, you know, it's like, "It's great to have police, but we don't, you know, want to have to be arresting everyone -- we don't want crimes to occur in the first place." So those are my thoughts and I think it's just - it's a - again, as Fadi has emphasized, it's a, you know, he said at the NCPH (unintelligible) not a real CEO -- I guess - and you - the most CEOs -- their key responsibility is to keep the Board happy and respond to the Board. But ICANN's a very different animal and it's - we don't know what's Mr. Marby's understanding is and ICANN -- the organization -- because he hasn't had any real contact with the community up to now -- and it's time to gently inform him that we, you know, are ICANN and that we want him to think about our views before key decisions are made.

Page 3 Could I just put a thought on that -- just for me personally? If we can (couch) that in the form of an offer of assistance -- as opposed to a - stating an expectation and noting that, you know, we want to help shorten the learning curves because this is such a strange position. That, you know, dealing with the Board -- dealing with the community -- the GNSO, I think can go a long way towards helping to build those bridges because we want the things that, you know, that you articulate. I think when we start off with, you know, here's our list of demands, you know, I just - I worry that that comes off maybe on the wrong foot right out of the gate. And maybe if we position it as, you know, and "we can help you get there" as maybe holding out a hand with a fist behind our back I guess, I don't know. I see Brett, and - but (Stephanie) was first and then (Ed) and then Brett. (Stephanie)? (Stephanie Baron): (Stephanie Baron) for the record then. And I had to laugh -- I lost Phil's proposal here, but I was going in the same direction. We need a proposal to them of how we're going to help them. And the only thing I could think of was a dreadful B-grade series of movies with those of us who had too many (sons) in the 90s had to watch -- Cops, Community on Patrol. What do we have to offer in terms of meeting them half way to get the kind of commitment to talking to us that they clearly don't seem to have right now? I don't think we've got anything. Are you talking about the Board? (Stephanie Baron): I'm talking about the Board. Okay, we're talking about now -- specifically a new CEO. (Stephanie Baron): Okay, but he's our - he's - isn't he one of our links to getting it?

Page 4 Sure. Yes, absolutely and so I just - I think it's important that if we're going to come out with our expectations, that we also have, you know, coupled to that is an offer, yes offer of assistance. (Ed)? Okay, Brett? He deferred. Brett Fausett: Sure, Brett Fausett for the record. I want to pick up on what Phil said and maybe disagree with you a little bit James. I think we need to do more than make an offer of assistance because we've done that. And I think three of the last four CEOs who were new to the organization -- we made that offer to help them to tell them about the community -- to let them learn ICANN. And we thought they took us up on that and then we sort of went and that direction and go, "What exactly did you hear?" So I think maybe we want to make a suggestion that they do learn from us. They need to understand that ICANN has its own trajectory that's defined by the community and enabled by staff. And maybe it lightly directed by the CEO, but, you know, they can't turn us quickly. And I would like to do more perhaps than invite them to seek our assistance. To - I think they need to understand that some of the CEOs in past history have not actually worked that well early. And I don't think we can afford to have six months run-around here and have to dial someone back. That would be a waste of his time -- it'd be a waste of our time. And thanks Brett. It's a fair point and but, you know, I would just point out maybe I'm hopelessly optimistic is that one of these days it's going to work. But, you know, and I think, you know, being a newcomer into the community is probably daunting enough without necessarily, you know, getting it wrong. So I take your point, but I think that the offer still has to be extended whether it's accepted or not -- or whether it's taken on board or not -- just remains to

Page 5 be seen. But anyway, just (Ed) you were up next and then I think Denise is after you. (Ed): Great. I don't know how people feel about this. How about a policy softball which could actually be useful to us (by) CCWG. We're beginning to debate about the role of the Ombudsmen. Our new CEO is from Sweden -- the home of the Ombudsmen. And I've actually checked his organizations and they all have fairly interesting Ombudsmen components. So just simply a question -- does he have a view of the proper of an Ombudsmen in the organization? Just let him know -- we're debating this in the CCWG. We know he's from Sweden -- we know his organization set strong Ombudsmen roles -- what's his experience and maybe that we can open the door for him to tell us a little bit about his past -- just a thought. Yes, I like that and I like, you know, bridging that to something that's - we're working on currently. So can I put you down for that one and raise the idea of the role of Ombudsmen? Denise. Hi Denise. Denise Michel: Hi. Denise Michel with Facebook. Speaking of my personal capacity, I just wanted to follow up on Brett's comments about orienting a new CEO. One option would be to suggest to the new - or the incoming CEO since he hasn't started yet -- invite him to come up with a plan for his orientation -- and volunteer to work with the Board and the staff to create a plan that's balanced in orientation and in - appropriately involves the community. Previously, the Board generally sort of has a - assigns a couple Board members to oversee an orientation that's largely driven by staff. I think it's a good point to be in action in orienting - in community orienting and having early and strong connections to the CEO.

Page 6 So I just throw that out there. And since I've got the mic and the Ombudsmen was mentioned, Facebook would be really interested in discussions about the Ombudsmen role -- in particular if the CCWG Accountability Track 2 gives the Ombudsmen the first and gating role in a IRP. Then it seems like the community needs to re-think and re-craft the charter and the characteristics and the experience that an Ombudsmen would need for that role. So I would support your work on this and add that important connection as well. Thanks. Okay, thanks. I think we have -- let me check this remote here real quickly. I think we have (Donna) -- you'll have the last word. (Donna Austin): Thanks James. (Donna Austin). So I'd like to ask the new CEO what moted - what motivated him to apply for the position -- given we think he's an outsider. How did he find out about ICANN and what was the interest for him because I think we all - he's going to understand pretty quickly that what he thought ICANN is, is not what ICANN is -- and that's a very different base. So I think I'd like to understand what was his motivation in the first place for applying for the job and how he sees it playing out. I also suspect that the Board has given him a set of priorities for the next 12 months -- or the next 100 days. I'd like to understand whether that's the case and what they are and maybe we could reset him. Okay, can we put you down for that? I think those are good questions -- I mean some of them I ask myself every time I get on an airplane. (Yule)? Okay we close the queue with (Donna), but (Yule Spinks) -- it was your question -- you get the last word -- but then we need to move on -- we're already one entire session behind. (Yule Spinks): No, this is actually a comment on (Donna's) point...

Page 7 Okay. (Yule Spinks):...and that's all. And it's my understanding that (unintelligible) was actually headhunting and he wasn't actually applying himself -- so just so you're aware of that. Okay. (Yule Spinks): Sure. Right, yes, exactly at some point he made a conscious... (Yule Spinks): Yes....and explicit decision to say, "Yes" -- so fantastic. Okay I think we've got some interesting feedback there. I'm hoping that that was captured to - I'm kind of looking at down at the staff table here so that we remember some of those -- there were some good points raised here and I'm hoping that you helped us capture those for tomorrow's discussion. And that's all we had for this. Now we had a session scheduled beginning about a half an hour ago to discuss the inter-sessional. So recently, there was a - was it last month in January I think there was a non-contracted party house inter-sessional in Los Angeles -- we were hoping to get an update on that. There was also a - excuse me, I'm finally starting to lose my voice. There was a contracted party house inter-sessional which we call the GDD Industry Summit which was held in September of last year -- and another one scheduled for May. And we were going to provide an update on - well, obviously we can't provide an update on the one in May except to say there's one coming in May. But

Page 8 we could provide an overview of the one Los Angeles in the fall. I'm proposing that we defer those two items. I think they're interesting, but I think that, you know, in the interest of time those can probably be kicked down the road a little bit. Not to diminish those folks that want to learn more about them -- I think I do as well -- I just note that that's not a priority. We do want to, you know, review the motions that we have on our plate by Wednesday -- and there a few of them. So Marika, I don't know if you have those keyed up and - oh, Lars has given me the green light. Oh, I'm sorry, I forgot to tell staff -- we're moving onto a different topic now -- do we need to pause the recording and give you a chance to reset? Okay, I'll wait for you to give me the green light. Sorry. END