[CCWG-ACCT] Issues with Providing Public Comments on CCWG-Accountability Proposal

Carlos Raúl Gutiérrez carlosraulg at gmail.com
Thu Dec 3 18:52:00 UTC 2015


@Stephen +1

Thank you

Carlos Raúl Gutiérrez
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> On Dec 3, 2015, at 12:25 PM, Stephen Deerhake <sdeerhake at nic.as> wrote:
> 
> Greg,
>  
> In my view the way out of this is as follows:
>  
> 1. The co-chairs recognize that the 30 November CCWG Accountability Proposal is a new proposal (which it is, having undergone the model change since the prior proposal), and thus should be afforded a proper, full-length public comment period as per ICANN policy.  As has been noted in other posts, PROCESS is important, and the abbreviated comment period set by the co-chairs is a violation of accepted process.
>  
> 2. Upon conclusion of the full length public comment period, Staff reviews, categorizes, and summarizes the comments, as they did admirably at the conclusion of the comment period for the prior proposal.  Their work is published for the Community and SO/AC's benefit.
>  
> 3. A reasonable period of time subsequent to the publication of the Staff report on the comments received be allotted to the SO/AC's to consider the current proposal in light of (a) their having had sufficient time to read and understand the proposal, (b) sufficient time to consider what the public commentators stated about the proposal, and (c) sufficient time to confer with their membership about the proposal (and in the case of the ccNSO, this means both ccNSO members and non-ccNSO ccTLDs).
>  
> Short of following accepted procedure, this process is tainted, perhaps fatally.  The shortened public comment period (particularly with regards to the time allotted to non-English speakers who will have only 3-4 days to comment by the time the translations are complete) is a joke.  It's worse than a joke actually.  It's giving the middle finger to the entire ICANN multi-stakeholder process, because what it is saying is "yes, we will respect established procedures and policies, except when we don’t want to."  This is unmitigated nonsense.  There is no compelling reason to shorten the public comment period, to demand that the SO/AC's consider and weigh in on the Proposal before the comment period has closed.  
>  
> In support of the shortened comment/review cycle, I have seen (at least) the following arguments made in its favor:
> 
> n  It has to be wrapped up before the 2016 US election cycle ramps up
> n  The process is constrained by the long review cycle the US Congress has mandated
> n  It has to be wrapped up before the current IANA contract expires on 30.09.2016
> 
> In my mind, all of these arguments are crap.  They don’t hold water.  The push to rush this incredibly important process to completion by sidestepping established procedure suggests dark forces at work behind the scenes, and further, suggests that (at least) some of the people involved in this process do not believe that the proposal will withstand the scrutiny of Congressional and/or US electoral candidate review/criticism.  But perhaps what they are most worried about is a change of political control of the Executive branch of the US Government come January 20th, 2017.
>  
> So Greg, the answer to your question is that it would behoove the CCWG to do this “the right way”, and not via the cobbled up, out of band approach they have undertaken, which has tainted the work of the CCWG.
>  
> Stephen Deerhake
>  
> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Greg Shatan
> Sent: Thursday, December 03, 2015 11:10 AM
> To: Edward Morris <egmorris1 at toast.net>
> Cc: accountability-cross-community at icann.org; directors at omadhina.net
> Subject: Re: [CCWG-ACCT] Issues with Providing Public Comments on CCWG-Accountability Proposal
>  
> Bringing this thread back to its topic....
>  
> We are in the midst of a situation that is essentially an experiment -- a simultaneous Public Comment period and [first?] Chartering Organization review/support period.  Unfortunately, we have some unspecified parameters, which is probably not good experimental design (unless this is really a social experiment).
>  
> In particular, the relationships among (i) the Chartering Organization review, (ii) the public comments generally, and (iii) possible public comments from members and sub-organizations of the Chartering Organizations are unspecified.  
>  
> Indeed, the possibility (or not) of public comments from members/sub-organizations of Chartering Organizations was not fully resolved.
>  
> Focusing on this last point, there is more than one reasonable answer:
>  
> 1. Public comments are completely open, and everybody participates as normal, including members and suborganizations of Chartering Organizations (COs).
> 2. As above, but comments from members and suborganizations of COs are significantly discounted, as their primary path for input should be their CO.
> 3. Public comments are not open to members or suborganizations of COs; their input is limited to the process within their CO.
>  
> Whichever route we choose, we should be consistent, rather than just letting things happen.  To take an example within GNSO, what if (a) Stakeholder Group/Constituency (SG/C) A decides it is inappropriate for the SG/C or its members to participate in public comment and guides all input through the GNSO process, while (b) SG/C B decides it should not comment but its members are free to do so (and even encouraged to do so), and (c) SG/C C decides it is "business as usual."  As a result, the public comments reflect (a) nothing from SG/C A, (b) no comments from SG/C B but a number of comments from its members, and (c) a comment from SG/C C (representing the consensus view of its membership) and a number of comments from its members.  How do we evaluate that in the public comment period?  Is SG/C A missing a big opportunity or is SG/C wasting everybody's time (including its own)?  [Note: No one wants to waste time, and no one wants to miss an opportunity, so we are on the horns of a dilemma....]
>  
> Another problem is defining who falls into the category of those who should not (or must not) comment: All GAC members (does that extend to their government as such?); all ccNSO members (what about non-ccNSO ccTLDs?); all GNSO SG/Cs (but what about members of those SG/Cs, and what about members of their members?); All ALAC members (but what about RALOs and local structures and their members?); etc., etc.  Where do we draw the line?
>  
> As long as we are all playing by the same rules, I'm happy to play by those rules.  But if each group is going to make up their own rules, then I would want my constituency to make its views known anywhere they could be heard (and anywhere they are needed to support or disagree with the views of others similarly situated in the ICANN ecosystem).
>  
> Chartering Organization participants should not be in the position of having to make individual judgment calls about whether it is appropriate to make public comments.  CCWG and staff should not be in the position of having to decide whether to discount certain public comments because they came from "inside" (especially since that is an ill-defined universe).  We need a unified approach to this problem.
>  
> So what do we do?????
>  
> Greg 
>  
>  
>  
> On Thu, Dec 3, 2015 at 8:47 AM, Edward Morris <egmorris1 at toast.net <mailto:egmorris1 at toast.net>> wrote:
>> Kavouss,
>>  
>> I had no intention of slighting your country. I have great respect for the people and culture of Persia, one of the world's great civilisations. Ms. Gross comment was simply a critique of survey design. It had nothing to do with any so called "anti GAC" sentiment and your initial post itself was personally critical of "few persons" and certainly Ms. Gross herself. I honestly do not know how elections are conducted in your fine country, and although I certainly would not have phrased things as I did had I known you would take offence, I could not fathom how anyone could object to Ms. Gross attempt to correct a ballot malapropos that she believes defaults to a certain answer. I assumed your objection was cultural in nature. My apologies to you if it were not.
>>  
>> As to your response, which referenced the murder of innocent people in criticising other countries, As I sit here in Paris working to prepare for concerts this weekend following the recent tragedy in this city, hopeful my body will not be riddled with bullet holes by Tuesday as industry colleagues of mine recently were, I take deep offence. I have sent an inquiry to  His Excellency Javad Kachoueian, Ambassador of Iran to my country of Ireland, referencing your post and asking whether that is an argumentative technique approved of by his government. Iff any response is received, I shall share it with you off-list.
>>  
>> I commend you, Kavouss, on your exceptional contributions to the CCWG over the past year. I look forward to working with you on substantive matters going forward and, again, apologies for any personal slight you felt as as  result of my post.  That certainly was not my intent.
>>  
>> Cordially,
>>  
>> Edward Morris 
>>  
>>  
>>  
>> From: "Kavouss Arasteh" <kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>>
>> Sent: Thursday, December 3, 2015 12:00 PM
>> To: "el at lisse.NA <mailto:el at lisse.NA>" <el at lisse.NA <mailto:el at lisse.NA>>
>> Cc: "directors at omadhina.net <mailto:directors at omadhina.net>" <directors at omadhina.net <mailto:directors at omadhina.net>>, "accountability-cross-community at icann.org <mailto:accountability-cross-community at icann.org>" <accountability-cross-community at icann.org <mailto:accountability-cross-community at icann.org>>
>> Subject: Re: [CCWG-ACCT] Issues with Providing Public Comments on CCWG-Accountability Proposal
>>  
>> Dear Sir,
>> I strongly object to your comments inappropriately referring to my country which I am proud of it.Mire strongly I categorically reject your illusion to "democratic ".
>> If democratic country is the one that very often the people open fire to innocent people then I am happy that those thing never happened in my country.
>> Moreover, we are dealing with issues in personal capacity without representing a given country. I do not understand your anti Iranian feelings.
>> I respect all countries and their people .
>> Pls refrain to refer to any country in CCWG process as we do not represent a country but a community.
>> Sir, you de passed the limit if politeness, code of conduct and all international standards.
>> I invite you to calm down, observe ICANN code of conducts Courtesy, friendship, and respect others .
>> This us the last time that tolerate and if you and any other CCWG MEMBERS refer to my country then you will see the consequence of such inappropriate reference.
>> Mr. Arasteh
>> 
>> 
>> Sent from my iPhone
>> 
>> > On 3 Dec 2015, at 09:07, Dr Eberhard W Lisse <el at lisse.NA <mailto:el at lisse.NA>> wrote:
>> >
>> > My, My, My, are we getting testy.
>> >
>> > I thought Sadowsky's resentment was predetermined, but it seems the heat
>> > is turning up.
>> >
>> > el
>> >
>> >
>> >> On 2015-12-03 10:01, Edward Morris wrote:
>> >> Hi Kavrous,
>> >>
>> >> I don't know how you do things in Iran, but in the democratic countries
>> >> I've lived in we try to avoid ballots that default to predetermined
>> >> choices. That whole integrity of the ballot thing.
>> >>
>> >> Thanks, Robin, for identifying and pointing out this software flaw.
>> >> Hopefully it is something staff and / or our fine leadership team will
>> >> be able to address in short order.
>> >>
>> >> Best,
>> >>
>> >> Ed Morris
>> >>
>> >>
>> >>
>> >> On Dec 3, 2015, at 7:56 AM, Kavouss Arasteh <kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>
>> >> <mailto:kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>>> wrote:
>> >>
>> >>> It is strange that the same person always comments on ST18.
>> >>> There is an anti GAC sentiments in few persons members if CCWG
>> >>> It is a pity to gave such reactions
>> >>> Regards
>> >>> Kavoysd
>> >>>
>> >>> Sent from my iPhone
>> > [...]
>> > --
>> > Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar)
>> > el at lisse.NA <mailto:el at lisse.NA> / * | Telephone: +264 81 124 6733 <tel:%2B264%2081%20124%206733> (cell)
>> > PO Box 8421 \ /
>> > Bachbrecht, Namibia ;____/
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