[CCWG-ACCT] Fwd: [CCWG-Advisors] question regarding Global Public Interest
Kavouss Arasteh
kavouss.arasteh at gmail.com
Sun Dec 27 14:54:50 UTC 2015
* Dear Milton,*
*I fully and wholeheartzedly Agree and support you *
I tries to put together something to show that is is absolutely difficulté
,if not impossible to have anagreed definition for Global Public Interest.
>From the text appears below you will note the difficulties and
impossibilities.
I DO NOT UNDERSTAND INSISTANCE OF SOME PEOPLE PUSHING TO HAVE A DEFINITION
, in particular, believing that the legal adviser s are miracle makers
WE MUST ABBANDONE TAKING THAT PATH . This issue should be included in the
agenda of the 05 January call.
Legal Adviser are kindly requested to hold on the action on this issue
until the matter is discussed and agreed upon by CCWG
pLEASE FIND BELOW SOME WORDS IN THIS REGARD INDICATING THE DIFFICULTIES TO
TAKE SUCH APPROACH ( ATTEMPTING TO DEFINE GPI)
See Below
*Global Public Interest composed of three words ; Global, Public and
Interest, each of which has some meaning and application in an discrete
fashion as follows: *
*Some available definition of Global *
1.
Spherical <http://www.merriam-webster.com/dictionary/spherical>
: of, relating to, or involving the entire sphere
1. Worldwide <http://www.merriam-webster.com/dictionary/worldwide>
:of, relating to, or involving the entire world :
2. Universal <http://www.merriam-webster.com/dictionary/universal>
:of, relating to, or applying to a whole universe:
*Some available Definition of Public *
1. exposed to general view :
2. of, relating to, or affecting all the people or the whole area of a
nation or state ; *public law*
3. of or relating to a government , of, relating to, or being in the
service of the community or nation
4. of or relating to people in general
5. of or relating to business or community interests as opposed to
private affairs
6. devoted to the general or national welfare
7. accessible to or shared by all members of the community
8. capitalized in shares that can be freely traded on the open market
9. supported by public funds and private contributions rather than by
income from commercials (*public radio>* *<public television)*
*Examples of public*
1. *Public* outrage over the scandal eventually forced him to resign.
2. The ads are intended to increase *public* awareness of the risks of
smoking.
3. She was elected to a *public* office.
4. He was in Congress for many years but he recently retired from
*public* life.
5. They decided on a nearby restaurant as a convenient *public* place to
meet.
6. The government has allowed *public* access to the documents.
7. The city council is holding a *public* meeting.
8. This will be her first *public* performance in five years.
9. Her trial will be *public*.
*Use of term “Public”*
*As a noun, the whole body politic, or the aggregate of the citizens of a
state, nation, or municipality. The community at large, without reference
to the geographical limits of any corporation like a city, town, or county;
the people.*
*As an adjective, open to all; notorious. Open to common use. Belonging to
the people at large; relating to or affecting the whole people of a state,
nation, or community; not limited or restricted to any particular class of
the community.*
*Further use of term “public”*
1.
as a noun
The people of the nation, state, county, district or municipality, which
the government serves.
1.
as an adjective
Referring to any agency, interest, property, or activity which is under the
authority of the government or which belongs to the people. This
distinguishes public from private interests as with public and private
schools, public and private utilities, public and private hospitals, public
and private lands, and public and private roads.
*Some available definition of Interest:*
A feeling of wanting to learn more about something or to be involved in
something
A quality that attracts your attention and makes you want to learn more
about something or to be involved in something
Something (such as a hobby) that a person enjoys learning about or doing
Public Interest
One of the simple definitions of Public interest could be:
Anything affecting the rights, health, or finances of the public at large.
Public interest is a common concern among citizens in the management and
affairs of local, state, andnational government. It does not mean mere
curiosity but is a broad term that refers to the body politic and the public
weal. Apublic utility is regulated in the public interest because private
individuals rely on such a company for vital service
*Can we define Public Interest in a broader/ general term?*
>From a broad perspective, it is not appropriate to believe that a detailed
general definition would serve a useful purpose: individual circumstances
are too variable and such a definition would inevitably result in
unintended and/or unanticipated or unexpected consequences. It should be
emphasize that when justifying an action as being in the public interest
Using such a framework will allow those advocating an action in the public
interest to understand what they mean, and, if explained, will allow those
assessing the action or proposal to determine whether they can support the
measure as being in the public interest.
Another simple definition of public interest could be :
Welfare the general public (in contrast to the selfish interest of a
person, group or firm) in which the whole society has a stake and which
warrants recognition, promotion and protection by the government and its
agencies. Despite the vagueness of the term, public interest is claimed
generally by governments in matters state secrecy and confidentiality. It
is approximated by comparing expected gains and potential costs or losses
associated with a decision, policy, program or project
in acting in public interest,, each circumstance needs to be assessed based
on criteria such as the relevant public, wants, and constraints. The key to
assessing any public interest decision is transparency of the
decision-making process, including balancing competing interests.
The term has grown working toward a multitude of objectives, including
civil rights, civil liberties, women’s rights, consumer rights,
environmental protection, and so on. Nevertheless, a common denominator for
public interest remains the ethic of “fighting for the little guy”—that is,
representing the underrepresented and vulnerable segments of society.
International law is one of the fastest growing legal fields. The types of
public service work and practice settings vary widely. The U.S. Government
hires attorneys to work on international issues in many of its agencies,
including the Department of State, the Department of Commerce and the
Environmental Protection Agency, to name just a few. Hundreds of lawyers
also work at the United Nations, the World Bank, the Organization of
American States, international tribunals, the International Criminal Court
and other intergovernmental organizations. Finally, there are thousands of
non-governmental organizations throughout the world that focus on
international issues, including but not limited to, development, human
rights, the environment law, energy, trade, arms control, and transitional
justice.
Another definition of Public Interest is :
1. The welfare or well-being of the general public; commonwealth.
2. Appeal or relevance to the general populace: a news story of public
interest."[ <https://en.wikipedia.org/wiki/Public_interest#cite_note-1>
Public interest must be assessed impartially and, therefore, the public
interest could be defined as the "*ex ante*
<https://en.wikipedia.org/wiki/Ex_ante> welfare of the representative
individual.", by assuming that there is an equal chance for one to be
anyone in society and, thus, could benefit or suffer from a change, the
public interest is by definition enhanced whenever that change is preferred
to the status quo *ex ante*. This approach is "*ex ante*", in the sense
that the change is not evaluated after the fact but assessed before the
fact without knowing whether one would actually benefit or suffer from it.
Now to have a general understanding of Global Public Interest ,one needs to
put a combination of the above simplified terms and definition
We then immediately find that it is " Mission Impobile"
Kavouss
2015-12-26 9:40 GMT+01:00 Kavouss Arasteh <kavouss.arasteh at gmail.com>:
> Dear All,
> I also fully agree with Milton.
> If we remember, at the beginning of our work we attempted to find a
> possible description , and not definition as there would be no
> Universally agreed definition for GPI, we concluded that we better not to
> follow that path.
> It is waste of time to re-start such useless work again thus question to
> lawyer MUST BE WITHDRAWN. If , and only if , the Lawyers find some thing ,
> that does not mean that we have to accept that just because it comes from
> lawyers.
> The GPI is one of the most complex and multidimensional as well as cross
> cutting cultural issue that will take us no where.
> The board MUST provide the basis under which it reject a given Rec. or
> part if the Rec. since we the CCWG do not hsve and certainly will not have
> an agreed definition for GPI.
> The CCWG must clearly mentions to ICANN Board that have serious concerns
> to accept rejection of any Rec. or part of a Rec. on the ground of being
> in contradiction of GPI for which there is no definition.
> We SHALL NOT waste it time to define that nor accept any rejection by the
> Board on the ground of non- existence definition.
> We should all stop any imposition of any action from any source
> Kavouss
>
>
> Sent from my iPhone
>
> On 26 Dec 2015, at 07:52, Greg Shatan <gregshatanipc at gmail.com> wrote:
>
> I agree with Milton (and Alan).
>
> Greg
>
> On Friday, December 25, 2015, Alan Greenberg <alan.greenberg at mcgill.ca>
> wrote:
>
>> 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
>>> web: rickert.net
>>>
>>>
>>>
>>> [image: 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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>>> CCWG-Advisors at icann.org
>>> https://mm.icann.org/mailman/listinfo/ccwg-advisors
>>>
>>>
>>>
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