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

Barrack Otieno otieno.barrack at gmail.com
Fri Oct 30 04:53:28 UTC 2015


Well captured Tracy. In my humble opinion as ICANN Internationalizes,
the GAC provides a crucial linkage with the aspirations of many
nations that are embracing or have embraced the Internet. I believe
this has contributed in a way to one world one internet since whenever
there are controversial issues that can lead to fragmentation of the
Internet, ICANN is able to handle governments as governments using a
language they understand best and i suppose the GAC advise contributes
immensely to this.

Best Regards

On 10/30/15, Tracy F. Hackshaw @ Google <tracyhackshaw at gmail.com> wrote:
> Hi Rudi,
>
> In some (many? all?) countries (like mine), a decision of the
> *Cabinet* AUTOMATICALLY
> qualifies as GOVERNMENT Policy ... however, not in all cases would these
> qualify as Public or National Policy (as an example, they may be missing
> the public consultative element).
>
> Nonetheless, and again, *this is from my own position ONLY*, I would
> imagine that in the GAC, representatives must also consider these forms of
> Policy (which are essentially indications of a Government's position on a
> particular issue) in the GAC deliberations. I woudn't exactly identify
> these as policy which is not "done" or fully "cooked" given that the
> Cabinet (or equivalent High Level Decision Making Body or Authority) has
> approved same.
>
> Policy Advisors, Technocrats and Diplomats (comprising the majority, if not
> all of the GAC Membership) *MUST* factor in this form of policy (i.e. that
> referred to "Government Policy") in their deliberations and discussions.
>
> My $0.02
>
> Rgds,
>
> Tracy
>
> On 29 October 2015 at 21:22, Rudolph Daniel <rudi.daniel at gmail.com> wrote:
>
>> 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
>>>> _______________________________________________
>>>> Accountability-Cross-Community mailing list
>>>> Accountability-Cross-Community at icann.org
>>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>>
>>>
>>>
>>> _______________________________________________
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>>>
>>>
>


-- 
Barrack O. Otieno
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+254-20-2498789
Skype: barrack.otieno
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