[CCWG-ACCT] Minority statements inclusion in report

Robin Gross robin at ipjustice.org
Mon Nov 30 17:34:40 UTC 2015


I have edited the dissenting opinion to clarify that these points have been raised in NCSG’s previous public comment submissions and taken out any reference to “I” in the text.  (see below).

Additionally, I noticed that the version of Appendix A <https://community.icann.org/display/acctcrosscomm/Third+Draft+Report?preview=/56145016/56149529/Documenting%20Process%20of%20Building%20Consensus.pdf> to our report on the website states there are no minority statements or objections.  It has been a matter of record for several weeks that a dissenting opinion will be filed on this issue, so I’m concerned by the inaccuracy of the report's statement on the website and its omission of the dissenting opinion.  Let’s get this fixed.

Thanks,
Robin
Dissenting Opinion of Member Robin Gross (GNSO-NSCG)

The CCWG-Accountability make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an “advisory” role to a “decision making” role over fundamental matters at ICANN, including its governance.  Consequently the proposal marginalizes the role of Supporting Organizations (SO’s) compared to today’s ICANN governance structure.  The degree of governmental empowerment over ICANN resulting from the proposal’s community mechanism is dangerous to the success of the proposal’s political acceptance as well as to its ultimate impact on a free and open Internet.


The creation of a community mechanism to hold ICANN accountable on key issues made a critical error by departing from the existing power balance between SO’s and AC’s as determined by relative board appointments.  Instead, the proposed community mechanism elevates the AC’s relative to the SO’s compared with today’s balance on ICANN's board of directors, which does not currently provide a decision making role to GAC, and which retains the primacy of the Supporting Organizations on key decisions, particularly those within the SO’s mandate.   The devaluing of the Supporting Organizations in ICANN’s key decisions was a common theme in both previous public comment periods, however the recommendations not only failed to address this widespread concern, but went even further in devaluing SO’s in the community mechanism in the 3rd report.  The community mechanism failed to take into account the appropriate roles and responsibilities of the various SO’s and AC’s, and the dangers inherent in changing those roles with a “one size fits all” approach to critical decision making.  These points were raised in NCSG’s Public Comment submission of September 12, 2015: https://forum.icann.org/lists/comments-ccwg-accountability-03aug15/msg00053.html


Additionally, NCSG objects to the proposed departure from ICANN’s typical 30-day public comment period on the 3rd report for CCWG-Accountability.  The 3rd report’s public comment only allows for 9 days of public comment after the language translations are scheduled to be published, which is far too short of a public comment period for a report of this significance and with so many important changes since previous drafts.


> On Nov 30, 2015, at 8:23 AM, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
> 
> On Mon, Nov 30, 2015 at 4:53 PM, Mueller, Milton L <milton at gatech.edu <mailto:milton at gatech.edu>> wrote:
> FWIW, Robin’s dissent is fully in line with the official comments submitted by the Noncommercial Stakeholders Group during the last public comment period.
> 
> 
> SO: Thats fine, especially if the NCSG still believes that the concerns raised during the second public comment has still not been addressed. Therefore, I would expect some of the wordings of Robin's mail to be written with a "collective" sense to it (e.g "..Additionally, I object to...", would have read "...Additionally, We object to...") or there should be a line/footer indicating that the "individual" view has been endorsed by the NCSG or even by the GNSO (if applicable as NCSG is not solely a chartering organization per-see[1])
> 
> My goal is not to determine whether a minority statement is right or wrong, my main point is that we ensure individual opinions are clearly differentiated from Chartering organization opinions as the document is expected to communicate to those who may not have been following this process.  This is somewhat our last shot and it should communicate intent as much as possible.
> 
> Regards
> 1. https://community.icann.org/display/acctcrosscomm/Charter <https://community.icann.org/display/acctcrosscomm/Charter> 
> 
> --MM
> 
>  
> 
> From: accountability-cross-community-bounces at icann.org <mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org <mailto:accountability-cross-community-bounces at icann.org>] On Behalf Of Robin Gross
> Sent: Sunday, November 29, 2015 6:41 PM
> To: Thomas Rickert
> Cc: accountability-cross-community at icann.org <mailto:accountability-cross-community at icann.org> Community
> Subject: Re: [CCWG-ACCT] Minority statements inclusion in report
> 
>  
> 
> Thanks, Thomas.  See below.
> 
>  
> 
> Dissenting Opinion of Member Robin Gross (GNSO-NSCG)
> 
>  
> 
> The CCWG-Accountability make a number of helpful recommendations to improve organizational accountability at ICANN, however one aspect of the plan is deeply flawed: changing the role of ICANN's Governmental Advisory Committee (GAC) from purely an “advisory” role to a “decision making” role over fundamental matters at ICANN, including its governance.  Consequently the proposal marginalizes the role of Supporting Organizations (SO’s) compared to today’s ICANN governance structure.  The degree of governmental empowerment over ICANN resulting from the proposal’s community mechanism is dangerous to the success of the proposal’s political acceptance as well as to its ultimate impact on a free and open Internet.
> 
>  
> 
> The creation of a community mechanism to hold ICANN accountable on key issues made a critical error by departing from the existing power balance between SO’s and AC’s as determined by relative board appointments.  Instead, the proposed community mechanism elevates the AC’s relative to the SO’s compared with today’s balance on ICANN's board of directors, which does not currently provide a decision making role to GAC, and which retains the primacy of the Supporting Organizations on key decisions, particularly those within the SO’s mandate.   The devaluing of the Supporting Organizations in ICANN’s key decisions was a common theme in both previous public comment periods, however the recommendations not only failed to address this widespread concern, but went even further in devaluing SO’s in the community mechanism in the 3rd report.  The community mechanism failed to take into account the appropriate roles and responsibilities of the various SO’s and AC’s, and the dangers inherent in changing those roles with a “one size fits all” approach to critical decision making.  
> 
>  
> 
> Additionally, I object to the proposed departure from ICANN’s typical 30-day public comment period on the 3rd report for CCWG-Accountability.  The 3rd report’s public comment only allows for 9 days of public comment after the language translations are scheduled to be published, which is far too short of a public comment period for a report of this significance and with so many important changes since previous drafts.
> 
>  
> 
> Robin Gross
> 
>  
> 
> On Nov 29, 2015, at 1:29 PM, 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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> -- 
> ------------------------------------------------------------------------
> Seun Ojedeji,
> Federal University Oye-Ekiti
> web:      http://www.fuoye.edu.ng <http://www.fuoye.edu.ng/>
> Mobile: +2348035233535 <>
> alt email:  <http://goog_1872880453/>seun.ojedeji at fuoye.edu.ng <mailto:seun.ojedeji at fuoye.edu.ng>
> 
> Bringing another down does not take you up - think about your action!
> 

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