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

[Tijani BEN JEMAA]

I agree with Milton; This is exactly what I said on the call, but unfortunately, the lawyers were asked to come up with a definition. I reminded our long discussion at the beginning of the CCWG work about what is the GPI, and we failed to define it in a way that makes the definition accepted by everyone, or at least a large majority.

To be positive, we have to discuss the issues rejected by the board and try to find the right solution instead of trying to prove that the GPI is what the lawyers will define, and thus the board is wrong.

We don’t have time to go in this long and inefficient way.

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Tijani BEN JEMAA
Executive Director
Mediterranean Federation of Internet Associations (FMAI)
Phone: +216 98 330 114
            +216 52 385 114
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> Le 26 déc. 2015 à 02:46, Mueller, Milton L <milton at gatech.edu> a écrit :
> 
> 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/>	
>  
> <image001.jpg>
> 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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