[CCWG-ACCT] Follow-up from the Word Internet Conference in China

Mon Dec 28 15:29:58 UTC 2015

1+ to Roelof. And Happy New Year

Wolfgang

-----Ursprüngliche Nachricht-----
Von: accountability-cross-community-bounces at icann.org im Auftrag von Roelof Meijer
Gesendet: Mo 28.12.2015 16:04
An: Nigel Roberts; Paul Rosenzweig; accountability-cross-community at icann.org
Betreff: Re: [CCWG-ACCT] Follow-up from the Word Internet Conference in China

Might be the reason why someone like Fadi is actually NOT working for
you...

And no, I do not agree at all that this is a "great example of lack of
accountability"

Best,

Roelof Meijer

On 26-12-15 13:19, "accountability-cross-community-bounces at icann.org on
behalf of Nigel Roberts" <accountability-cross-community-bounces at icann.org
on behalf of nigel at channelisles.net> wrote:

>Paul
>
>If Fadi worked for me, then his leaving date would just have been
>brought forward dramatically, and he would have, as we say in the UK,
>found a number of pressing reasons to spend more time with the family.
>
>But the Board don't collectively have the cojones to do that.
>
>That's not really a criticism of the institution or the current members
>of it, just a recognition of how much power that the Board of
>non-profits (don't) have over their General Manager (as I saw over 20
>years ago as a board member of the Radio Society of Great Britain, which
>despite being an office I could trace back in history to a certain Sr.
>Marconi, had exactly the same level of power(lessness) than the ICANN
>Board has, in some aspects).
>
>Indeed, were I an ICANN Board member I might take that view -- in that
>the damage to the organisation from further inflaming the situation
>might be greater than just crossing my fingers and waiting for the
>problem to go away naturally in the Spring.
>
>However, it's a great example of lack of accountability, wouldn't you
>agree?
>
>
>
>On 25/12/15 15:33, Paul Rosenzweig wrote:
>> We must live in a bit of a different world, I think. Where I come from,
>>any
>> public official (and let's not kid ourselves -- that is what Fadi is)
>>who
>> did what Fadi did would be subject to discipline if not removal.  While
>> acting in a public role, the official has no private capacity -- none at
>> all.  At least in the world I inhabit that prohibition is so stringent
>>that
>> it applies even to actions that would be (under any reasonable test) so
>> clearly distinct that the likelihood of confusing the public role with
>>the
>> private role was virtually non-existent.
>>
>> For a particularly telling recent example of this, consider this story:
>> 
>>https://www.washingtonpost.com/lifestyle/style/meet-the-author-of-the-rev
>>ena
>> 
>>nt--except-you-cant-because-of-his-federal-job/2015/12/22/32d632fe-a5c5-1
>>1e5
>> -ad3f-991ce3374e23_story.html.  A minor Federal official wrote "The
>> Revenant" before he joined the government.  Now, the book is a major
>>movie
>> just released today, starring Leonardo DiCaprio.  In the normal course
>>of
>> events, the writer of the book on which the film was based would be
>>doing
>> publicity for the film.  Here, the author cannot -- because he is a
>>Deputy
>> Trade Representative of the US.  Now, I don't know about you, but for
>>me the
>> likelihood that people will associate the movie publicity with the USTR
>> office and draw an inference of official US government approval is
>> vanishingly small -- so on the merits I would say that this is a place
>>where
>> the officials private life could diverge from his public responsibility.
>> But as I said, here we are so cautious about even the appearance of
>> impropriety that the author is not doing any public relations for his
>>movie.
>>
>> As others have pointed out for Fadi the possibility of confusion is
>>clearly
>> much higher -- the press and the public will (and have) linked his new
>> "personal capacity" job to his current status as CEO of ICANN -- which
>>is of
>> course exactly why he was hired and exactly what the Chinese wanted.
>> Frankly, as Nigel said, I find his behavior troubling and remarkably
>>tone
>> deaf.
>>
>> I should add that the purpose of the restriction on trading on your
>>public
>> position works both ways.  We worry not only about the new "private"
>> connection currying favor with public official, we also worry that the
>> official may make decisions in his public capacity that are now to
>>benefit
>> his future private actions rather than the public interest.  It isn't
>>the
>> connection and the cooperation that is troubling (as Eric notes) -- it
>>is
>> the promise of future employment with unknown benefits that was made
>>while
>> the public official was still working for the public that raises the
>> questions.
>>
>> Paul
>>
>> Paul Rosenzweig
>> paul.rosenzweig at redbranchconsulting.com
>> O: +1 (202) 547-0660
>> M: +1 (202) 329-9650
>> VOIP: +1 (202) 738-1739
>> Skype: paul.rosenzweig1066
>> Link to my PGP Key
>>
>>
>> -----Original Message-----
>> From: Nigel Roberts [mailto:nigel at channelisles.net]
>> Sent: Friday, December 25, 2015 5:47 AM
>> To: accountability-cross-community at icann.org
>> Subject: Re: [CCWG-ACCT] Follow-up from the Word Internet Conference in
>> China
>>
>>
>>> Are we tending a bit much toward micromanagement of the CEO?  I have
>>> never been one of his fans, but this seems a bit much to make an issue
>> over.
>>>
>>> avri
>>
>> This is not just a matter of judgment, but a matter of cross-cultural
>> judgment. The CEO gets paid to get this right. And I REALLY expected
>>better
>> from Mr Chehade' in that department
>>
>> Actually, I would not have expected this kind of behaviour from recent
>> previous CEOs.  Certainly not from Paul.  In fact not even from Rod, who
>>    despite his public persona and irritating Hollywood rockstar ways
>>was, in
>> many was, quite sensitive to non-US cultures!
>>
>> In China, relationships matter.
>>
>> Appearance matters. A lot.
>>
>> Both of those things can be as important, if not more important than the
>> 'letter of the law' as to whose dime he was on when carrying on the
>> discussion with the relevant actors inside China.
>>
>> The American way (and the British, to a lesser extent) is based on a
>> cliteral interpretation of the rules (with a seasoning of 'wiggle-room'
>> for peccadilloes).
>>
>> So while it's understandable to hear from some of you that you don't
>>see the
>> problem, some of us really, really see a big issue here.
>>
>> I'm not going to complain loudly about the ethics side, although I
>> personally find it curious that Fadi was there on ICANN's dime, yet once
>> again making announcements 'in his personal capacity'.  A CEO can never
>>be
>> in his personal capacity, in my view until he gets his cardboard box.
>> (It was strange how the reporters describe him as ICANN's CEO, though.
>> Oh yes, that's because he IS. Even yet.)
>>
>> The issue is that the head of ICANN, voluntarily handed in his
>>resignation,
>> choosing to leave early, before transition was complete, and in another
>> revolving-door shocker joined an organisation with an apparently
>>completely
>> different world view, and chose Wuzhen to make supportive statements of
>>them
>> and their backers.
>>
>> Once again, 'it's not what they say, its what others hear'.
>>
>> UK public servants have a purdah period before moving to organisations
>>that
>> operate in the same sphere.  Why, in the name of accountabaility, does
>>ICANN
>> still not? (Have we forgotten and already discounted the terrible
>>optics of
>> Dengate-Thrushgate?). A mere xix months would not be onerous.
>>
>> Please don't dissect Fadi's actual words. They don't count.
>>
>> Hardly at all.
>>
>> It's the nature of 'who', 'where', and 'when' that counts much more than
>> 'what', or even 'why'.
>>
>>
>>> '
>>> And with that, I shall stop and simply add -- Happy Holidays!
>>>
>>
>>
>> Likewise.
>>
>>
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