[CCWG-ACCT] Minority statements inclusion in report

Mon Nov 30 08:53:11 UTC 2015

So far as I can see the Charter indicates that members should solicit the views of the organisations that appointed them:

"Membership in the CCWG-‐Accountability, and in sub-‐working groups should these be created, is open to members appointed by the chartering organizations.
…….Each of the chartering organizations shall appoint a minimum of 2 and a maximum of 5 members to the working group in accordance with their own rules and
procedures.
Best efforts should be made to ensure that individual members:
• Have
sufficient
expertise
to
participate
in
the
applicable
subject
matter
(see
for
example
https://www.icann.org/resources/pages/enhancing-‐accountability-‐faqs-‐2014-‐08-‐22-‐en#12
for
areas
identified
for
expertise);
• Commit
to
actively
participate
in
the
activities
of
the
CCWG-‐Accountability
on
an
ongoing
and
long-‐
term
basis;
and
• Where appropriate, solicit and communicate the views and concerns of individuals in the organization that appoints them. [emphasis added]
………………………
In addition, the CCWG-‐Accountability will be open to any interested person as a participant. Participants may be from a chartering organization, from a stakeholder
group not represented in the CCWG-‐Accountability, or may be self-‐appointed. Participants will be able to actively participate in and attend all CCWG-‐Accountability meetings, work groups and sub-‐work groups. However, should there be a need for a consensus call or decision, such consensus call or decision
will be limited to CCWG-‐Accountability members appointed by the chartering organizations." [emphasis added]

So a fortiori minority opinions should be from members representing a chartering organisation and I suppose any participants opinions can be expressed as their own opinion but should be distinguished from those of members.

From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Dr Eberhard W Lisse
Sent: Monday, November 30, 2015 9:00 AM
To: CCWG Accountability
Cc: Lisse Eberhard
Subject: Re: [CCWG-ACCT] Minority statements inclusion in report

So now a participant, from ALAC, which changes his mind for him as the wind blows, wants to change the charter after the fact.

The charter could not be clearer on this.

I support Robin Gross's objection, endorse her minority opinion, object myself and shall forward a minority opinion in due course.

And for the record I did not, do not and will not consult with the ccNSO on my position. I don't have to.

And, for the record, I did inform the chair of ccNSO Council earlier, in terms of the charter, about being marginalized.

The substance of which seeming to be getting traction in the US Appeals Court case.

el

--
Sent from Dr Lisse's iPad mini

On 30 Nov 2015, at 06:51, Seun Ojedeji <seun.ojedeji at gmail.com<mailto:seun.ojedeji at gmail.com>> wrote:

Hello,

I believe this particular report is quite critical and minority statement should be treated with adequate clarity and care. It should be clear if minority statements are written on behalf of the originating chartering organisation (i.e whether the CO has been consulted before such submission is made). The charter was not clear about this but I believe this should be the ideal thing to do at this stage. If member are the ones allowed to write minority reports (although it's not explicitly stated in the charter) then such exercise should involve coordination with the originating chartering organisation. Or maybe a declaimer be added in minority annexes that the views are those of the author and not of the Chartering organisation.

There may also be possibility that some minority statements could be resolved or perhaps further discussed to provide further clarity that convinces the author not to proceed further, this would imply having them come in early enough before finalising the report.

Regards
Sent from my Asus Zenfone2
Kindly excuse brevity and typos.
On 29 Nov 2015 22:30, "Thomas Rickert" <thomas at rickert.net<mailto:thomas at rickert.net>> wrote:
Dear Robin,
as discussed during the last CCWG call, minority statements will be included in the report as appendices if and when they are received.

Best,
Thomas

---
rickert.net<http://rickert.net>

Am 29.11.2015 um 21:37 schrieb Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>>:
Dear Co-Chairs,

I have still not received a response to this request.  What is the process for submitting minority statements?  Please advise.

Thanks,
Robin

On Nov 11, 2015, at 5:35 PM, Robin Gross <robin at ipjustice.org<mailto:robin at ipjustice.org>> wrote:

Dear Co-Chairs,

Could you please advise on the proposed schedule and process for ensuring that minority statements will be included in the report [of the executive summary]?

Thank you,
Robin
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