[CCWG-ACCT] Paper for discussion/decision - Community Decision-Making: Thresholds Consideration

Wed Nov 18 21:04:36 UTC 2015

 Dear all
As promised on our call, I have prepared a paper on the decision-making
thresholds matter for CCWG consideration.

The paper itself is pasted below, and the attached versions in .docx and
.pdf also include the decision table with thresholds etc. It is unchanged.

Look forward to comments and discussion...

best
Jordan

Community Decision-Making: Thresholds Consideration

18 November 2015
Introduction

During its call #68 on 17 November, the CCWG discussed a scenario related
to decision thresholds in the Community Mechanism that has been raised by
participants on the email list. This discussion has happened a couple of
times since it became clear at / after Dublin that the RSSAC and SSAC would
not be decisional participants in the Community Mechanism.

With these two groups excluded, it is likely the Third Draft Proposal will
specify the three SOs, ALAC and GAC as the five “decisional participants” –
groups that can express support for or objection to the use of a community
power & the engagement process, or choose to express no view at all.
The scenario

A version of this scenario is as follows (this is entirely hypothetical):

*A proposed Annual Operating Plan and Budget is approved by the Board even
though substantial community concerns about a particular project (Project
X) related to generic top level domains have not been taken into account.*

*The ALAC and the GNSO follow the escalation path and convene a Conference
call to discuss exercising the Budget veto. Opposition continues to
register.*

*The GAC joins the group in favour of vetoing the Budget to call a
Community Forum. Opposition continues to register.*

*The ASO makes it clear it has no interest in the level of funding for
Project X, which is the core of the dispute between Board and Community,
and will not participate in the decision. This means only four SOs and ACs
are left to make decisions.*

*The ccNSO is split on whether it is appropriate to make a decision on a
gTLD names matter, and proves unable to reach a decision by the end of the
time allowed. This is even though many ccTLD managers are opposed to
Project X, and only a few support it.*

*The use of the community power lapses with only three SOs supporting its
use, none objecting, and one not offering a decision (effectively,
abstaining), so the Annual Operating Plan and Budget go into effect. The
community remains upset and considers other options.*

The problem

The concern raised by this scenario is as follows:

*By reducing the number of decisional participants from seven groups to
five groups, a threshold of four SOs and ACs expressing support to exercise
a power is too high (if one of them is unable to participate). It is too
high because it requires complete unanimity among the rest, a threshold
that is inconsistent with the CCWG’s desire to avoid unanimity being
required for the use of any of the powers.*
Solving the problem

The approach I raised for dealing with this issue proposed on the CCWG call
on 17 November was as follows:

For community powers that require consensus support from four SOs or ACs to
exercise the power (powers on Budget, Fundamental bylaws change, Board
recall and IANA Names functions separation), an exception should be added
as follows:

*Where only four SOs and ACs are participating in the decision to exercise
the power (through supporting it or objecting to it), the threshold
required is only three (3) SOs/ACs in favour, and no more than one
objection.*

In essence, adding this exception is a possible way to deal with the
reduced number of decision-makers (from seven to five), and reduce the
likely number of cases where unanimity might be required to use the
relevant community powers. This would in turn make sure the powers could be
used, and so the incentive effects they are designed to have on Board /
Community cooperation would remain strong.

This approach develops what was in our Second Draft Proposal, where we
suggested only counting affirmative votes to hit support thresholds.
Non-participation in that system could also have led to unanimity among
participants being a practical requirement.

Adopting this solution would be a *change* to our decision-making approach
and would be noted as such (compared with Dublin, as this whole
Dublin-based approach is new compared with the Second Draft Proposal).
The counter-argument & approach

A counter-argument to this can be expressed as follows:

*Regardless of the reduced number of participants, the threshold should
stay the same, because only the strongest and broadest possible community
support should allow the exercise of the Community Powers for which a
threshold of four SOs/ACs in favour has been proposed.*

To give effect to this approach, no changes need to be made to what we
decided a week or two ago.
Discussion

My view as rapporteur is that this question is finely balanced. There are
two competing principles:

·       Making sure community powers can be used without setting a
threshold that practically requires unanimity

·       Making sure community powers are only used with widespread
community consensus

As a CCWG participant, I haven’t come to a firm conclusion. It seems like
the proposed approach steps back a little bit from high degrees of
consensus (though they remain quite high); on the other hand, not modifying
in line with the proposed approach risks leaving some of the powers
practically un-useable, and that is not desirable.

Jordan Carter, WP1 Rapporteur, CCWG

-- 
Jordan Carter

Chief Executive
*InternetNZ*

+64-4-495-2118 (office) | +64-21-442-649 (mob)
Email: jordan at internetnz.net.nz
Skype: jordancarter
Web: www.internetnz.nz

*A better world through a better Internet *
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