[CCWG-ACCT] New accountability issue
Alan Greenberg
alan.greenberg at mcgill.ca
Fri Mar 20 20:22:30 UTC 2015
This is NOT an issue related to the IANA transition, but in my mind
is a serious accountability issue.
The issue is not a new one, but has recently been raised again in the
context of the GNSO WG on Policy and Implementation. One of the
outcomes of that WG (should it be approved) is that ALL issues that
impact stakeholders, regardless of when the issue arises in the
policy-implementation continuum, must be referred to the GNSO and
subject to a MS decision-making process. At the present, some
stakeholders believe that some similar decisions have been made
unilaterally by staff or the Board.
The potential accountability issue is whether the GNSO is capable of
addressing issues where the Public Interest may be at odds with the
desired of the Contracted Parties, and if not, how do we fix it.
The problem is that contracted parties have a very strong vested
interest to attempt to ensure outcomes that support their needs and
can invest significant resources in ensuring satisfactory outcomes.
That is a completely natural position for them to take. Those who are
defending the public interest tend to have few such resources. This
can impact WG outcomes. Moreover, ultimately, contracted parties,
working together, have an effective veto within the GNSO (although
clearly not one they would prefer to use).
Past situations have resulted in either watered-down results which
did not come anywhere near meeting the public interest needs in the
view of non-contracted parties, or have resulted in deadlock.
Although no one is advocating the Board taking unilateral decisions
in such cases, it DOES have the ability to decide that the Public
Interest is of paramount import in any specific case.
Please note that this is not an accusation against specific
contracted parties or their representatives. But it does reflect a
scenario that MIGHT arise and where ICANN must be able to take
decisions that are in the public interest.
This is very closely related to the issue that we are always reminded
of - ICANN Directors must look at the Public Interest EVEN IF a
decision is counter to the wishes of the AC/SO that appointed them.
How do we ensure that the Policy Processes below the Board are as accountable?
Alan
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