[CCWG-ACCT] Definition of public policy advice from the GAC

[Tracy F. Hackshaw @ Google]

Hi Bruce,

While I can't speak for the GAC on this, as a GAC member, and as a former
student of the topic, I can provide my understanding based on my role in my
country's Government if that might be helpful.

In my country, and in many parts of the world, the term, Public Policy is
not used. In many countries (as in mine) Public Policy = National Policy.

Public or National Policy *IS NOT EQUIVALENT* to National Law, however, it
is the key and normally most critical *precursor* to the development of
legislation in the Government law making process. If we were to stretch the
concept somewhat, we can say that National Law (when promulgated) forms a
key element - but still a subset - of Public or National Policy.

In summary and simply, Public or National Policy is a Government's
statement of direction - usually with clearly stated objectives and
deliverables - on a particular area or series of areas - that is intended
to be reflective of that country's (citizens') norms, attitudes, cultures
and values; and further, to be implemented (and regulated and enforced,
where applicable) by a country's various institutions primarily consisting
of the Executive, the Legislature and the Judiciary. As a rule of thumb,
National Policies should be developed through extensive consultation with a
country's stakeholders over a significant period of time and several
iterations of National Policy are to be expected before becoming "final"
(and potentially leading to legislation). In other cases, National Policy
is time limited and subject to periodic cycles of consultative redrafting
and review - with potential attendant changes to related laws and
regulations.

Public or National Policy is intended to be reflective of, and protective
of, what has often been termed as the "Public Interest".

Of course, the above leads to the obvious issue - in the GAC, given that
there are now over 150 members, what is/can be considered "public policy"
advice?

You will appreciate therefore the delicate and deliberate efforts at
consensus building in the GAC in issuing "public policy" advice.

Rgds,

Tracy Hackshaw


On 29 October 2015 at 18:23, Bruce Tonkin <Bruce.Tonkin at melbourneit.com.au>
wrote:

> To the GAC members on this list,
>
> I note that in the bylaws the GAC has a role in providing "public policy"
> advice to ICANN.
>
> Does the GAC have a working definition of what this means?   Is there a UN
> standard definition of some sort?
>
> and I must admit I have never fully understand the term.
>
> I had originally expected that the GAC would provide advice on national
> laws and international treaties as it relates to ICANN.
>
> I can understand that each country may have "policies" that are perhaps
> written documents and may vary by which government is in power at the
> time.  E.g. a national government may have a written immigration policy or
> a foreign trade policy etc.   These policies presumably have been approved
> by one or more Government ministers, and would generally be public.
>
> Not sure how the GAC provides advice on "public policy" - should there be
> some sort of written national policies that support such advice?
>
> e.g. ICANN policies are documented, approved by the Board, and made public.
>
> Thanks,
> Bruce Tonkin
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