[CCWG-ACCT] Definition of public policy advice from the GAC

Sun Nov 1 13:34:56 UTC 2015

Dear Chris,
Tks for your immediate search.
WHat we are dealing here is not to interprete GAC Torento advice.
Perhaps we may need to concentrate to what we are doing in 2015.Regards
Kavouss

2015-10-31 23:01 GMT+01:00 Carlos Raul <carlosraulg at gmail.com>:

> Dear James,
>
> based on my own past experience, and under the previous GAC Chair, the
> guidance  was not under the GACs operating principles as such, but case by
> case based the question if the issue had a specific "public interest"
> aspect.
>
> And since "public interest" is even harder to tell (and is the matter of
> another initiative), over the last 2 years the GNSO Council has developed
> two lines of cooperation with the GAC, one the GNSO-GAC permanent working
> group (excuse my memory here for the exact name), as well as the early
> engagement in pdp policy development processes as you may know from the
> Council.
>
> I personally tend to like a *relative* definition of "public interest" in
> terms of accountability of regulators, instead of the *absolute* one a
> lot of people in ICANN love to dream around and keep searching for a holly
> grail.
>
> I keep in my mind a pretty easy one, from the long-lived handbook of
> public utility regulators by a Georgetown University Professor Scott
> Hempling, which may or may not survive the internet age:
>
> *The effective (and accountable) regulator (1) defines the
> public interest, (2) identifies the private interest that could undermine
> that public interest, and then (3) shapes regulation to align
> private behavior with the public interest*.
>
>
>
> Easy, isn´t it????
>
>
> *Carlos Raúl Gutiérrez*
> +506 8837 7176
> Skype carlos.raulg
> _________
> Apartado 1571-1000
> *COSTA RICA*
>
>
> On Fri, Oct 30, 2015 at 10:03 AM, James M. Bladel <jbladel at godaddy.com>
> wrote:
>
>> Thank you, Jorge.  Very helpful.
>>
>> For my own clarification & understanding, can you (or any other GAC
>> participants) provide examples of a current/recent topic that would NOT be
>> subject to GAC advice, under its Operating Principles?  Sometimes the
>> exceptions help to define the boundaries of the rule.
>>
>> Thanks—
>>
>> J.
>>
>>
>> From: <accountability-cross-community-bounces at icann.org> on behalf of "
>> Jorge.Cancio at bakom.admin.ch" <Jorge.Cancio at bakom.admin.ch>
>> Date: Friday, October 30, 2015 at 3:06
>> To: "Bruce.Tonkin at melbourneit.com.au" <Bruce.Tonkin at melbourneit.com.au>,
>> "tracyhackshaw at gmail.com" <tracyhackshaw at gmail.com>
>> Cc: "accountability-cross-community at icann.org" <
>> accountability-cross-community at icann.org>
>> Subject: Re: [CCWG-ACCT] Definition of public policy advice from the GAC
>>
>> Dear all,
>>
>>
>>
>> It is always useful to have a look at our governing docs, for instance
>> the GAC OP (attached) and the following extract:
>>
>>
>>
>> “3.
>>
>> ICANN’s decision making should take into account public policy objectives
>> including, among other things:
>>
>> • secure, reliable and affordable functioning of the Internet, including
>> uninterrupted service and universal connectivity;
>>
>> • the robust development of the Internet, in the interest of the public
>> good, for government, private, educational, and commercial purposes, world
>> wide;
>>
>> • transparency and non---discriminatory practices in ICANN’s role in the
>> allocation of Internet names and address;
>>
>> • effective competition at all appropriate levels of activity and
>> conditions for fair competition, which will bring benefits to all
>> categories of users including, greater choice, lower prices, and better
>> services;
>>
>> • fair information practices, including respect for personal privacy and
>> issues of consumer concern;
>>
>> and
>>
>> • freedom of expression.”
>>
>>
>>
>> Regards
>>
>>
>>
>> Jorge
>>
>>
>>
>> *Von:* accountability-cross-community-bounces at icann.org [
>> mailto:accountability-cross-community-bounces at icann.org
>> <accountability-cross-community-bounces at icann.org>] *Im Auftrag von *Bruce
>> Tonkin
>> *Gesendet:* Freitag, 30. Oktober 2015 07:15
>> *An:* Tracy F. Hackshaw @ Google <tracyhackshaw at gmail.com>
>> *Cc:* accountability-cross-community at icann.org
>> *Betreff:* Re: [CCWG-ACCT] Definition of public policy advice from the
>> GAC
>>
>>
>>
>> Thanks Tracy this is very helpful.
>>
>> Sent from my iPhone
>>
>>
>> On 30 Oct 2015, at 11:36 AM, Tracy F. Hackshaw @ Google <
>> tracyhackshaw at gmail.com> wrote:
>>
>> Hi Bruce,
>>
>>
>>
>> While I can't speak for the GAC on this, as a GAC member, and as a former
>> student of the topic, I can provide my understanding based on my role in my
>> country's Government if that might be helpful.
>>
>>
>>
>> In my country, and in many parts of the world, the term, Public Policy is
>> not used. In many countries (as in mine) Public Policy = National Policy.
>>
>>
>>
>> Public or National Policy *IS NOT EQUIVALENT* to National Law, however,
>> it is the key and normally most critical *precursor* to the development
>> of legislation in the Government law making process. If we were to stretch
>> the concept somewhat, we can say that National Law (when promulgated) forms
>> a key element - but still a subset - of Public or National Policy.
>>
>>
>>
>> In summary and simply, Public or National Policy is a Government's
>> statement of direction - usually with clearly stated objectives and
>> deliverables - on a particular area or series of areas - that is intended
>> to be reflective of that country's (citizens') norms, attitudes, cultures
>> and values; and further, to be implemented (and regulated and enforced,
>> where applicable) by a country's various institutions primarily consisting
>> of the Executive, the Legislature and the Judiciary. As a rule of thumb,
>> National Policies should be developed through extensive consultation with a
>> country's stakeholders over a significant period of time and several
>> iterations of National Policy are to be expected before becoming "final"
>> (and potentially leading to legislation). In other cases, National Policy
>> is time limited and subject to periodic cycles of consultative redrafting
>> and review - with potential attendant changes to related laws and
>> regulations.
>>
>>
>>
>> Public or National Policy is intended to be reflective of, and protective
>> of, what has often been termed as the "Public Interest".
>>
>>
>>
>> Of course, the above leads to the obvious issue - in the GAC, given that
>> there are now over 150 members, what is/can be considered "public policy"
>> advice?
>>
>>
>>
>> You will appreciate therefore the delicate and deliberate efforts at
>> consensus building in the GAC in issuing "public policy" advice.
>>
>>
>>
>> Rgds,
>>
>>
>>
>> Tracy Hackshaw
>>
>>
>>
>>
>>
>> On 29 October 2015 at 18:23, Bruce Tonkin <
>> Bruce.Tonkin at melbourneit.com.au> wrote:
>>
>> To the GAC members on this list,
>>
>> I note that in the bylaws the GAC has a role in providing "public policy"
>> advice to ICANN.
>>
>> Does the GAC have a working definition of what this means?   Is there a
>> UN standard definition of some sort?
>>
>> and I must admit I have never fully understand the term.
>>
>> I had originally expected that the GAC would provide advice on national
>> laws and international treaties as it relates to ICANN.
>>
>> I can understand that each country may have "policies" that are perhaps
>> written documents and may vary by which government is in power at the
>> time.  E.g. a national government may have a written immigration policy or
>> a foreign trade policy etc.   These policies presumably have been approved
>> by one or more Government ministers, and would generally be public.
>>
>> Not sure how the GAC provides advice on "public policy" - should there be
>> some sort of written national policies that support such advice?
>>
>> e.g. ICANN policies are documented, approved by the Board, and made
>> public.
>>
>> Thanks,
>> Bruce Tonkin
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>>
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