[CCWG-ACCT] A way to avoid the 'The Single Member Can Do Anything!' problem

Arun Sukumar arun.sukumar at nludelhi.ac.in
Thu Oct 1 12:10:57 UTC 2015


Kavouss, you're right: no one should be a judge of their own cause. But
equally important is the requirement to hear all parties. Let us not get
into the voting/consensus debate right away. If the Board is willing to go
with some involvement in the SMCM, we may have a modus vivendi to work with.

On Thu, Oct 1, 2015 at 5:34 PM, Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

> Dear All
> Jordan proposal contradict the concept of separation of power. Board ad an
> executive entity shall not participate in voting together with SOs and ACs
> as these two entities are legislative entities.
> We can not invent a new procedure mixing the two powers.
> Regards
> Kavouss
>
> Sent from my iPhone
>
> On 1 Oct 2015, at 12:36, Arun Sukumar <arun.sukumar at nludelhi.ac.in> wrote:
>
> Dear Bruce,
>
> To bring us back to Jordan's initial suggestion, if the Board were to play
> some role in the Single Member model - with the form of decision-making and
> areas of decision making clearly specified -- what would the Board's take
> be? Would it still oppose the SMCM?
>
> Arun
>
> On Thu, Oct 1, 2015 at 12:48 PM, Bruce Tonkin <
> Bruce.Tonkin at melbourneit.com.au> wrote:
>
>> Hello Keith,
>>
>> That is a good summary of some of the issues that have been discussed by
>> Board members.
>>
>> When I get some time over the weekend - I will post some relevant
>> extracts from the Board's public comments, and also offer some of my own
>> personal thoughts on the single member model.
>>
>> Regards,
>> Bruce Tonkin
>>
>>
>> -----Original Message-----
>> From: accountability-cross-community-bounces at icann.org [mailto:
>> accountability-cross-community-bounces at icann.org] On Behalf Of Drazek,
>> Keith
>> Sent: Thursday, 1 October 2015 3:16 AM
>> To: Nigel Roberts <nigel at channelisles.net>;
>> accountability-cross-community at icann.org
>> Subject: Re: [CCWG-ACCT] A way to avoid the 'The Single Member Can Do
>> Anything!' problem
>>
>> Thanks Nigel.
>>
>> In no particular  order, my interpretation of the Board's written
>> comments, what we heard in Los Angeles and from Fadi yesterday is:
>>
>> -- Introducing a different governance structure, i.e. membership, is new,
>> untested, and cannot be proven to resist capture in the limited time
>> available to meet the September 2016 date.
>>
>> -- Shifting authority from the Board to an untested membership body is
>> potentially destabilizing and will be difficult or impossible to sell as
>> not introducing risk at a delicate time.
>>
>> -- If we're going to shift authority, we must also shift a commensurate
>> level of accountability, and the current SOs and ACs do not have sufficient
>> accountability at this time.
>>
>> -- ICANN and its SOs/ACs need to be safe from capture from outside and
>> from within; empowering the SOs and ACs without clear safeguards is
>> problematic.
>>
>> -- Concentrating power in a new "sole membership" body is not balanced if
>> it doesn't include all community members, and two groups (SSAC and RSSAC)
>> have said they want to remain advisory.
>>
>> -- Shifting from consensus-based decision-making to reliance on a voting
>> structure is not consistent with the multi-stakeholder model.
>>
>> -- The CCWG recommendation is too complex and difficult to
>> explain/understand, so we need to make smaller, incremental changes that
>> are more easily implemented and understood.
>>
>> -- A recommendation requiring a substantial governance restructuring will
>> suggest that ICANN is currently broken -- a politically risky message going
>> into the transition.
>>
>> I'm obviously not in a position to speak for the Board, but that's my
>> non-legalistic reading of the concerns.  I'd be happy to be corrected if my
>> interpretation is off-base.
>>
>> That was a reply to your question (a).  I can't respond to question (b).
>>
>> Regards,
>> Keith
>> _______________________________________________
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>> Accountability-Cross-Community at icann.org
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>>
>
>
>
> --
> -
> @arunmsukumar <http://www.twitter.com/arunmsukumar>
> Senior Fellow, Centre for Communication Governance
> <http://www.ccgdelhi.org>
> National Law University, New Delhi
> Ph: +91-9871943272
>
> _______________________________________________
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>


-- 
-
@arunmsukumar <http://www.twitter.com/arunmsukumar>
Senior Fellow, Centre for Communication Governance <http://www.ccgdelhi.org>
National Law University, New Delhi
Ph: +91-9871943272
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