[CCWG-ACCT] Fwd: [CCWG-Advisors] question regarding Global Public Interest

Alan Greenberg alan.greenberg at mcgill.ca
Sat Dec 26 03:28:47 UTC 2015


I find myself agreeing completely with Milton.

Alan 
-- 
Sent from my mobile. Please excuse brevity and typos.

On December 25, 2015 8:46:35 PM EST, "Mueller, Milton L" <milton at gatech.edu> wrote:
>MM: Thomas and all:
>I appreciate your pushback on the board’s comments, but I think it is
>not helpful for the discussion to center on “definition of the global
>public interest.”
>There is no definition, and even if we come up with some mutually
>acceptable verbal construction of what is in “the global public
>interest” there never will be easy agreement on how that definition is
>applied to  any particular issue we have.
>For example, we may all agree that it is in the GPI for ICANN to be
>transparent, but still might disagree on finding the appropriate trade
>off between inspection rights and administrative burdens.
>Let’s just accept the fact that the board has an interest in protecting
>the corporation and will argue from that perspective, and the rest of
>us have an interest in making the board accountable to the community
>and will assess issues from that perspective.
>When (or if – because it has not formally done so yet) the board votes
>that a particular recommendation is not in the GPI, let’s just
>interpret that as meaning the board doesn’t like it and won’t
>voluntarily go along with it. Then we have to decide whether to ignore
>that challenge and press ahead, or not.
>Nothing in gained in that interaction by coming up with a verbal
>definition of GPI. But a lot of time could be wasted in the attempt.
>--MM
>
>
>We have asked the Board to provide information on what definition of
>the Global Public Interest it has used and what the rationale for their
>current assessment of our recommendations is. The answer to that
>question is still pending.
>However, we are reaching out to you now as we want to understand better
>the impact of Global Public Interest as we continue to work on our
>final recommendations. Our plan is to offer explanations in our final
>report where we speak to the Global Public Interest and why we are of
>the opinion that our recommendations in their final form are in the
>Global Public Interest.
>We would therefore appreciate your input at your earliest convenience
>on
>1.      suggested definition(s) of the Global Public Interest that our
>group could use;
>2. which of the recommendations in our 3rd report, if any, give raise
>Global Public Interest concerns according to your assessment; and
>3. how you suggest we can resolve the Global Public Interest issues,
>which are identified.
>Thank you very much,  kind regards and a great holiday season,
>Mathieu Weill, Léon Sanchez, Thomas Rickert
>
>Thomas Rickert
>Rechtsanwalt
>tel: +49.228.74 898.0
>fax: +49.228.74 898.66
>email: thomas at rickert.net<mailto:thomas at rickert.net>
>web: rickert.net<https://rickert.net/>
>
>
>
>[Image removed by sender. image]
>
>RICKERT Rechtsanwaltsgesellschaft m.b.H. (i.e. law firm)
>Kaiserplatz 7 - 9, 53113 Bonn, Germany
>HRB 9262, AG Bonn - GF/CEO: Thomas Rickert
>
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