[CCWG-ACCT] Rationale for Stress Test 18

[Jordan Carter]

Dear Rafael, dear all,

I have two thoughts in relation to one question that you asked:

On 18 October 2015 at 10:03, Perez Galindo, Rafael <RPEREZGA at minetur.es>
wrote:

> ...
> So, the engagement process is not a negotiation, and it does not oblige
> the Board to move its position by a millimeter at all. Where is the
> accountability issue?
>
>
to me there are two accountability issues arising if the proposed bylaws
change is not made:

1. The duty ICANN has to respond to GAC advice with an attempt to come to a
"mutually acceptable solution" should not be able to be made broader by the
unilateral decision of the GAC. Nobody is saying GAC should not choose
GAC's own procedures  ---  just that ICANN shouldn't be obliged to respond
to non-consensus advice in the same way. The accountability issue is that
this would be a change to the relative level of influence of GAC inside the
ICANN framework only by decision of the GAC.

2. If ICANN does have to come to "mutually acceptable solutions" then that
implies it's mutual acceptance between two parties. In a context where
there was GAC advice without consensus, there would be more than two
parties. ICANN, some GAC members, and some other GAC members. For ICANN to
come to a solution would involve ICANN making decisions between the
interests of sovereigns. It is an accountability issue for the whole ICANN
community for the ICANN Board's scope to be extended in such a way -- but a
change to GAC operating principles allowing such non-consensus advice,
should it occur, could be made just by GAC today, with no say for the rest.


I don't think ICANN making decisions between conflicting sovereigns is a
good idea. And I don't think any AC should be able to essentially expand
the scope of its role on its own decision.

Those are why I think there is an accountability problem if the bylaws
change or some version that achieves the same thing (freedom for GAC to
choose its advice and its decisions, but clear rules about when "mutually
acceptable solutions" have to be found) does not happen.


best
Jordan
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