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

[Rudolph Daniel]

Having read Tracy's illumination, I would ask,  for my edification; does
the delicate and deliberate process you speak of also take onto account
policy which may not actually be done ( implemented) and policy which is
done, which may not have been declared as policy? If you get my drift. This
is not an area I am too familiar with.

Justice Burrough

"Public policy ... is a very unruly horse and when you get astride of it,
you never know where it will carry you."


rd
On Oct 29, 2015 8:36 PM, "Tracy F. Hackshaw @ Google" <
tracyhackshaw at gmail.com> wrote:

> 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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>
>
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