[CCWG-ACCT] [WP1] Fwd: Updated Memo on Request on Sole Designator

Nigel Roberts nigel at channelisles.net
Thu Nov 12 14:25:32 UTC 2015


Wait a minute, I actually don't understand the below formulation.

Is the CCWG really likely to undo the compromises of 2003-2005 that saw 
the ccTLDs return to ICANN after leaving.

Or have I COMPLETELY misunderstood.


Nigel (ccNSO Council Member, for the record)

On 11/12/2015 01:17 PM, Greg Shatan wrote:
> I think the corollary to Chris's questions is whether the ccNSO (in
> Chris's example) should be able to push through these changes despite
> opposition from the rest of the community.
>
> I would say that we have answered this question "no" and Chris's
> questions "yes."  These have been fairly obvious implications of our
> work for quite some time.
>
> On the other hand, if there is substantial opposition to this lack of
> autonomy (in favor of more power to the community as a whole), now that
> it's so explicitly stated, now's the time to say so!
>
> Greg
>
> On Thursday, November 12, 2015, Chris Disspain <ceo at auda.org.au
> <mailto:ceo at auda.org.au>> wrote:
>
>     All,
>
>     Jon’s point is, in effect, the same as has been raised in the ccNSO
>     (by me and a number of others).
>
>     Using the ccNSO as an example there are 2 questions:
>
>     1. If the ccNSO goes through an internal or external review process
>     and ends up approving changes to its operations that involve a
>     change to the relevant bylaw then should that change be ‘blockable'
>     without the ccNSO supporting such a block?
>
>     2. If the ccNSO has run a PDP and makes recommendations to the Board
>     which are accepted and in the event that the recommendations require
>     a bylaw change then should such change be ‘blockable’ without
>     the ccNSO supporting such a block?
>
>     This applies to each SO (and for question 1 the ACs) including,
>     importantly, the ASO which delivers global policy instructions on
>     behalf on the NRO.
>
>     It is not an answer to these questions to say ‘it is highly unlikely
>     that bylaw changes would be required because of a PDP or SO/AC
>     review’. Unlikely scenario or not, these are fundamental questions
>     that need to be answered.
>
>
>     Cheers,
>
>
>     Chris Disspain|Chief Executive Officer
>
>     .au Domain Administration Ltd
>
>     T: +61 3 8341 4111|F: +61 3 8341 4112
>
>     E:ceo at auda.org.au <javascript:_e(%7B%7D,'cvml','ceo at auda.org.au');>
>     |W:www.auda.org.au <http://www.auda.org.au/>
>
>     auDA – Australia’s Domain Name Administrator
>
>
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>>     On 12 Nov 2015, at 20:46 , Steve DelBianco
>>     <sdelbianco at netchoice.org
>>     <javascript:_e(%7B%7D,'cvml','sdelbianco at netchoice.org');>> wrote:
>>
>>     "consent of the governed"?  I do not think it means what you think
>>     it means.
>>
>>     A government serves with the consent of those it governs, measured
>>     by majority of all citizens.  A government that campaigned on
>>     raising taxes on the rich could prevail in an election WITHOUT
>>     requiring that the impacted rich give their support.
>>
>>     Even if it meant what Jon intends, “consent of the governed” for a
>>     budget veto would require consent of those who pay registration
>>     fees, not just the contract parties.   That would mean ALAC
>>     support would be required, too.
>>
>>     From: <wp1-bounces at icann.org
>>     <javascript:_e(%7B%7D,'cvml','wp1-bounces at icann.org');>> on behalf
>>     of Robin Gross <robin at ipjustice.org
>>     <javascript:_e(%7B%7D,'cvml','robin at ipjustice.org');>>
>>     Date: Wednesday, November 11, 2015 at 10:24 PM
>>     To: Accountability Cross Community
>>     <accountability-cross-community at icann.org
>>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>>
>>     Cc: "James M. Bladel" <jbladel at godaddy.com
>>     <javascript:_e(%7B%7D,'cvml','jbladel at godaddy.com');>>,
>>     "wp1 at icann.org <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>"
>>     <wp1 at icann.org <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>>,
>>     Jon Nevett <jon at donuts.email
>>     <javascript:_e(%7B%7D,'cvml','jon at donuts.email');>>
>>     Subject: Re: [WP1] [CCWG-ACCT] Updated Memo on Request on Sole
>>     Designator
>>
>>     Also agree with Jon on this key point, which has been raised
>>     before, but not dealt with due to more "pressing" issues.
>>
>>     Robin
>>
>>     On Nov 11, 2015, at 2:34 PM, James M. Bladel wrote:
>>
>>>     Agree with Jon, “consent of the governed” is an necessary
>>>     component of community decision making.
>>>
>>>     Thanks—
>>>
>>>     J.
>>>
>>>
>>>     From: <accountability-cross-community-bounces at icann.org
>>>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>>
>>>     on behalf of Jon Nevett <jon at donuts.email
>>>     <javascript:_e(%7B%7D,'cvml','jon at donuts.email');>>
>>>     Date: Tuesday, November 10, 2015 at 20:51
>>>     To: Accountability Cross Community
>>>     <accountability-cross-community at icann.org
>>>     <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>>
>>>     Cc: "<wp1 at icann.org
>>>     <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>>" <wp1 at icann.org
>>>     <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>>
>>>     Subject: Re: [CCWG-ACCT] [WP1] Updated Memo on Request on Sole
>>>     Designator
>>>
>>>     Folks:
>>>
>>>     I'd like to propose an amendment to the Community Decision-making
>>>     Process.
>>>
>>>     In the case where an issue being considered most directly relates
>>>     to a specific Supporting Organization, we should require support
>>>     of that SO in order to utilize a community action. For example,
>>>     if the community is considering blocking a change to a standard
>>>     Bylaw -- Article IX of the ICANN Bylaws (CCNSO) -- we should
>>>     ensure that the CCNSO supports using a community action in order
>>>     to move forward.
>>>
>>>     In the case of blocking ICANN's budget, which includes the
>>>     specific amount gTLD registration fees, the GNSO must support
>>>     using that community process.
>>>
>>>     In the case of an ASO related IRP issue, the ASO must support
>>>     before the community makes a decision binding.
>>>
>>>     We should require the specific SO at issue plus at least 50% of
>>>     the other SOs and ACs participating in the decision in order for
>>>     the community decision process is invoked.
>>>
>>>     To do otherwise, we risk tyranny of the majority being used
>>>     against the group most impacted by a decision.
>>>
>>>     Of course, in the case where there is no SO that is predominantly
>>>     at issue, we should go with a certain requirement of support that
>>>     we already have been discussing.
>>>
>>>     We also would need to figure out how to handle a dispute of which
>>>     SO is predominant.  Regardless of how we handle that issue, we
>>>     should ensure that the SO most impacted by use of community
>>>     powers are in support.
>>>
>>>     Thanks.
>>>
>>>     Jon
>>>
>>>
>>>>     On Nov 10, 2015, at 9:44 AM, Alan Greenberg
>>>>     <alan.greenberg at mcgill.ca
>>>>     <javascript:_e(%7B%7D,'cvml','alan.greenberg at mcgill.ca');>> wrote:
>>>>
>>>>     No misunderstanding. I was replying to Seun who raised the case
>>>>     of some AC/SOs choosing not to participate in a particular issue.
>>>>
>>>>     Alan
>>>>
>>>>     At 10/11/2015 07:29 AM, Schaefer, Brett wrote:
>>>>
>>>>>     Alan,
>>>>>
>>>>>     I think there is a bit of misunderstanding. I’m not talking
>>>>>     about a participating SO or AC choosing to abstain or make no
>>>>>     decision. That is anticipated in the model. Abstention, as far
>>>>>     as I understand it, is not considered either opposition or
>>>>>     support for the purposes of exercising the community powers –
>>>>>     in other words iit does not count for the thresholds either in
>>>>>     support or against.
>>>>>
>>>>>     I’m talking about situations like SSAC, where a AC decides
>>>>>     not to participate at all. Most seem to believe that RSSAC will
>>>>>     likewise decide not to participate.
>>>>>
>>>>>     But the assumption is that GNSO, ccNSO, ASO, ALAC, and GAC
>>>>>     will. This is why everyone is assuming that we will have 5
>>>>>     participating entities in the community mechanism.
>>>>>
>>>>>     But if GAC or one of the others decides otherwise or simple
>>>>>     cannot reach consensus on participating for some length of
>>>>>     time, we would only have 4 or even fewer participating
>>>>>     entities. In the first situation, using those four community
>>>>>     powers would require community unanimity. In the second, the
>>>>>     community would not be able to exercise those powers at all.
>>>>>
>>>>>     That is why I suggested getting confirmation of intent to
>>>>>     participate – acknowledging that this would not be an
>>>>>     endorsement of the CCWG proposal – from the ACss and SOs so
>>>>>     that we can accurately project for the model.
>>>>>
>>>>>     I also think that we need to explore thresholds for various
>>>>>     levels of participation for that reason.
>>>>>
>>>>>     Best,
>>>>>
>>>>>     Brett
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>     ------------------------------------------------------------------------
>>>>>     Brett Schaefer
>>>>>     Jay Kingham Senior Research Fellow in International Regulatory
>>>>>     Affairs
>>>>>     Margaret Thatcher Center for Freedom Davis Institute for
>>>>>     National Security and Foreign Policy
>>>>>     The Heritage Foundation
>>>>>     214 Massachusetts Avenue, NE
>>>>>     Washington, DC 20002
>>>>>     202-608-6097
>>>>>     heritage.org <http://heritage.org/>
>>>>>
>>>>>     *From:* Alan Greenberg [mailto:alan.greenberg at mcgill.ca
>>>>>     <javascript:_e(%7B%7D,'cvml','alan.greenberg at mcgill.ca');>]
>>>>>     *Sent:* Tuesday, November 10, 2015 5:51 AM
>>>>>     *To:* Seun Ojedeji; Schaefer, Brett
>>>>>     *Cc:* <wp1 at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>>;
>>>>>     Accountability Cross Community
>>>>>     *Subject:* Re: [CCWG-ACCT] [WP1] Updated Memo on Request on
>>>>>     Sole Designator
>>>>>
>>>>>     There is a huge difference between an AC/SO that has explicitly
>>>>>     said it will not participate at all and one that decides to not
>>>>>     state a position on exercising a power in a particular
>>>>>     instance. The latter IS participating by neither supporting nor
>>>>>     opposing the action. Without sufficient ACTIVE support, the
>>>>>     action dies.
>>>>>
>>>>>     In the extreme, option 2 will allow one AC/SO to exercise a
>>>>>     power on its own, since 1 is greater than 75% of 1.
>>>>>
>>>>>     Alan
>>>>>     --
>>>>>     Sent from my mobile. Please excuse brevity and typos.
>>>>>     On November 10, 2015 1:54:23 AM GMT-03:00, Seun Ojedeji
>>>>>     <seun.ojedeji at gmail.com
>>>>>     <javascript:_e(%7B%7D,'cvml','seun.ojedeji at gmail.com');> > wrote:
>>>>>
>>>>>     Hi,
>>>>>
>>>>>     I think lowering the threshold may still bring us to a deadlock
>>>>>     since we are not always certain whether all will participate at
>>>>>     any point in time. Allowing splitting votes is out of
>>>>>     discussion as we have agreed to go by consensus.
>>>>>
>>>>>     Option 2 IMO seem to be a good thing to explore further and in
>>>>>     order to ensure that is not abused, an overall minimum total
>>>>>     number of participating SO/AC should be set. So if that minimum
>>>>>     is not achieved then there is no need to check those in support
>>>>>     or against. I think a minimum number of 4 may be in order.
>>>>>     That will ensure that percentage is not used on say 3
>>>>>     participating SO/AC or less.
>>>>>
>>>>>     Regards
>>>>>     Sent from my Asus Zenfone2
>>>>>     Kindly excuse brevity and typos.
>>>>>     On 9 Nov 2015 22:57, "Schaefer, Brett"
>>>>>     <Brett.Schaefer at heritage.org
>>>>>     <javascript:_e(%7B%7D,'cvml','Brett.Schaefer at heritage.org');>>
>>>>>     wrote:
>>>>>     Jordan,
>>>>>
>>>>>     If the model that we are discussing is unworkable under a
>>>>>     fairly realistic eventuality that seems to be a critical problem.
>>>>>
>>>>>     In my opinion, it requires consideration of: (1) lowering the
>>>>>     thresholds to three if there are only four participating
>>>>>     entities; (2) shifting minimum thresholds from 4 entities in
>>>>>     support to, instead, at least 75 percent of the participating
>>>>>     entities in support; or (3) allowing the splitting of votes to
>>>>>     surmount existing thresholds.
>>>>>
>>>>>     Best,
>>>>>
>>>>>     Brett
>>>>>
>>>>>     *From:* Jordan Carter [mailto:jordan at internetnz.net.nz
>>>>>     <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');>]
>>>>>     *Sent:* Monday, November 09, 2015 4:46 PM
>>>>>     *To:* Schaefer, Brett
>>>>>     *Cc:* Accountability Cross Community; wp1 at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>
>>>>>     *Subject:* Re: [WP1] Updated Memo on Request on Sole Designator
>>>>>
>>>>>     hi Brett,
>>>>>
>>>>>     Such matrices of decision are not being drafted. If you are
>>>>>     able to attend the call in around ~15 hours, I think it would
>>>>>     be useful to talk this through. As I've said before, if we are
>>>>>     down to four SO/ACs participating, to my mind that's too small
>>>>>     an orbit to use the current model.
>>>>>
>>>>>     Jordan
>>>>>
>>>>>     On 10 November 2015 at 08:34, Schaefer, Brett
>>>>>     <Brett.Schaefer at heritage.org
>>>>>     <javascript:_e(%7B%7D,'cvml','Brett.Schaefer at heritage.org');>>
>>>>>     wrote:
>>>>>     Jordan,
>>>>>
>>>>>     I appreciate the explanation provided in the memo.
>>>>>
>>>>>     However, I note that the decision matrix remains unchanged in
>>>>>     that it requires support from 4 SOs/ACs to exercise powers 1,
>>>>>     2, 5, and 7. The operating assumption is that GNSO, ccNSO, ASO,
>>>>>     and ALAC will participate. I believe that they will, but it
>>>>>     would be good to get confirmation even with the knowledge that
>>>>>     such a statement should not be considered an endorsement of the
>>>>>     CCWG proposal.
>>>>>
>>>>>     Also, as we discussed in the previous CCWG WP1 call, there is a
>>>>>     possible complication if RSSAC, as expected, decides not to
>>>>>     participate and GAC either (1) decides not to participate, (2)
>>>>>     decides not to participate immediately, but announces its
>>>>>     desire to be allowed participate at some future date, or (3)
>>>>>     cannot reach a consensus position.
>>>>>
>>>>>     In that case, unanimous support by the 4 SOs/ACs assumed above
>>>>>     to participate would be required in order to exercise powers
>>>>>     1,2, 5, and 7. I don’t think that unanimous support was
>>>>>     supposed to be required for exercise of the community powers.
>>>>>
>>>>>     Until we have confirmation of which SOs and ACs (other than
>>>>>     SSAC which has explicitly stated its intention not to
>>>>>     participate) will be participating in the mechanism, we need to
>>>>>     plan out possible scenarios. For this reason, I think we need
>>>>>     to provide decision matrices based on varying levels of
>>>>>     participation.  Is this being drafted?
>>>>>
>>>>>     Thanks,
>>>>>
>>>>>     Brett
>>>>>
>>>>>     *From:* wp1-bounces at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','wp1-bounces at icann.org');>
>>>>>     [mailto:wp1-bounces at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','wp1-bounces at icann.org');>] *On
>>>>>     Behalf Of *Jordan Carter
>>>>>     *Sent:* Sunday, November 08, 2015 5:51 PM
>>>>>     *To:* Accountability Cross Community; wp1 at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','wp1 at icann.org');>
>>>>>     *Subject:* Re: [WP1] Updated Memo on Request on Sole Designator
>>>>>
>>>>>     ... and in PDF
>>>>>     J
>>>>>
>>>>>     On 9 November 2015 at 11:50, Jordan Carter
>>>>>     <jordan at internetnz.net.nz
>>>>>     <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');> > wrote:
>>>>>     Dear all - for your reading pleasure and for the lists record.
>>>>>
>>>>>     Jordan
>>>>>
>>>>>
>>>>>     *Brett* *Schaefer*/
>>>>>     Jay Kingham Senior Research Fellow in International Regulatory
>>>>>     Affairs
>>>>>     Margaret Thatcher Center for Freedom Davis Institute for
>>>>>     National Security and Foreign Policy/
>>>>>     The Heritage Foundation
>>>>>     214 Massachusetts Avenue, NE
>>>>>     Washington, DC 20002
>>>>>     202-608-6097
>>>>>     heritage.org <http://heritage.org/>
>>>>>
>>>>>     *Brett* *Schaefer*/
>>>>>     Jay Kingham Senior Research Fellow in International Regulatory
>>>>>     Affairs
>>>>>     Margaret Thatcher Center for Freedom Davis Institute for
>>>>>     National Security and Foreign Policy/
>>>>>     The Heritage Foundation
>>>>>     214 Massachusetts Avenue, NE
>>>>>     Washington, DC 20002
>>>>>     202-608-6097
>>>>>     heritage.org <http://heritage.org/>
>>>>>     ---------- Forwarded message ----------
>>>>>     From: *Gregory, Holly* <holly.gregory at sidley.com
>>>>>     <javascript:_e(%7B%7D,'cvml','holly.gregory at sidley.com');> >
>>>>>     Date: 7 November 2015 at 13:48
>>>>>     Subject: Updated Memo on Request on Sole Designator
>>>>>     Dear Co-Chairs, Jordan and Staff,
>>>>>
>>>>>     Attached please find a substantially reorganized and revised
>>>>>     memo on how  the Sole Designator would be made operational, to
>>>>>     replace the memo that was sent to you last week.  The changes
>>>>>     are largely in the nature of clarifications and we have
>>>>>     addressed the point requested below as well.  We request that
>>>>>     this memo be posted to replace the prior memo.
>>>>>
>>>>>     Please let us know if you have any questions.
>>>>>
>>>>>     Kind regards,
>>>>>     Holly and Rosemary
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>     --
>>>>>     Jordan Carter
>>>>>
>>>>>     Chief Executive
>>>>>     *InternetNZ
>>>>>     *
>>>>>     +64-4-495-2118 <tel:%2B64-4-495-2118> (office) | +64-21-442-649
>>>>>     <tel:%2B64-21-442-649> (mob)
>>>>>     Email: jordan at internetnz.net.nz
>>>>>     <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');>
>>>>>     Skype: jordancarter
>>>>>     Web: www.internetnz.nz <http://www.internetnz.nz/>
>>>>>
>>>>>     /A better world through a better Internet
>>>>>     /
>>>>>
>>>>>
>>>>>
>>>>>     --
>>>>>     Jordan Carter
>>>>>
>>>>>     Chief Executive
>>>>>     *InternetNZ
>>>>>     *
>>>>>     +64-4-495-2118 <tel:%2B64-4-495-2118> (office) | +64-21-442-649
>>>>>     <tel:%2B64-21-442-649> (mob)
>>>>>     Email: jordan at internetnz.net.nz
>>>>>     <javascript:_e(%7B%7D,'cvml','jordan at internetnz.net.nz');>
>>>>>     Skype: jordancarter
>>>>>     Web: www.internetnz.nz <http://www.internetnz.nz/>
>>>>>
>>>>>     /A better world through a better Internet
>>>>>     /
>>>>>
>>>>>     _______________________________________________
>>>>>     Accountability-Cross-Community mailing list
>>>>>     Accountability-Cross-Community at icann.org
>>>>>     <javascript:_e(%7B%7D,'cvml','Accountability-Cross-Community at icann.org');>
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>>>>>
>>>>>     ------------------------------------------------------------------------
>>>>>
>>>>>
>>>>>     Accountability-Cross-Community mailing list
>>>>>
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>>>
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