[CCWG-ACCT] Blog: Working Together Through The Last Mile

Sat Sep 5 13:46:56 UTC 2015

I agree with Avri completely.  And I, for one, do not want the transition
badly enough that I would capitulate to the Board's effort to completely
distort the proposed process.  Candidly, I find it challenging to respond to
this blog post as it seems to so manifestly confuse ends and means and to
treat the question of means as trivial.

I am delighted that the Board professes to share our end goal of
accountability.  But characterizing its disagreement over how to achieve
that as merely technical is, with due respect, sophistry.  Everyone supports
world peace - but there is a world of difference between those who think it
may be achieved through military deterrence and those who think it should be
accomplished through diplomacy.  

The difference in proposed means could not be more stark.  The CCWG views
the Single Member as a way of the community exercising direct control over
the Board, with the IRP (and courts in California) as rare, infrequent
backups to that relationship and with the community as the entity that has
pre-eminence.  I support that vision.

The Board's proposal sees the IRP and courts as the resolvers of dispute
with the Board retaining its preeminent position and the community reduced
to an (as yet ill defined) role as complainant.  Anyone who has ever done
litigation knows that being the supplicant makes you subservient - and that
is the position the Board's proposal would put the community in.   The
difference is not quite as stark as the one between realpolitik and
diplomacy, but it is both substantial and transformative.  Any effort to
paint agreement on the "ends" as "really near complete agreement" on the
whole of the transition is misleading.  

I understand why the Board does not want to yield power.  That is precisely
why it must.

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com 
O: +1 (202) 547-0660
M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
Skype: paul.rosenzweig1066

-----Original Message-----
From: Avri Doria [mailto:avri at acm.org] 
Sent: Saturday, September 5, 2015 2:17 AM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] Blog: Working Together Through The Last Mile

Hi,

The effort to spin the replacement recommendation as just operationalization
is impressive.

I do not understand the references to capture unless they mean capture by
the community from the Board.  I suppose that from their perspective the
CMSM would appear to be capture in and of itself, as it gives the community
a share of the power they now hold for themselves.  I think any discussion
of capture that goes beyond FUD, needs an analysis who who has captured the
current ICANN model.  Capture is always an interesting topic because it
often means: "who is trying to share my power now?"  I am all for opening up
the discussion to the power anlaysi, current, potential and likely.

Additionally, I do not understand this statement:

> where the current proposal still warrants much detail that may not be 
> achievable

While it is true that is needs a bit more detail, though perhaps much less
that is being claimed - until it is time for implementaton, it is not as bad
as all of that.  What do they mean that an adequate level of detail is not
achievable? Though I have learned that if someone does not wish to accept a
proposal, it can never have enough detail. 

I think we are facing a critical moment in this transition where we, as a
community, will have to decide whether we want the transition so badly that
we are willing to surrender and let the Board have complete control without
any possibility of ever being subject to oversight ever again. 
The transition is the time to switch from NTIA oversight to community
oversight.  If this is not possible, then perhaps the transition should not
go forward.

We need to consider this turn of affairs quite carefully.

avri

On 04-Sep-15 15:53, Grace Abuhamad wrote:
> Original
> link: 
> https://www.icann.org/news/blog/working-together-through-the-last-mile
>
>
>   Working Together Through The Last Mile
>
> <https://www.icann.org/news/blog/working-together-through-the-last-mil
> e#><https://www.icann.org/news/blog/working-together-through-the-last-
> mile#><https://www.icann.org/news/blog/working-together-through-the-la
> st-mile#><https://www.icann.org/news/blog/working-together-through-the
> -last-mile#><https://www.icann.org/news/blog/working-together-through-
> the-last-mile#><https://www.icann.org/news/blog/working-together-throu
> gh-the-last-mile#>
>
> I'd like to thank everyone who has participated in both the CCWG 
> briefing to the ICANN Board 
> <https://community.icann.org/pages/viewpage.action?pageId=56132981>,
> and the CCWG and ICANN board dialogue
> <https://community.icann.org/pages/viewpage.action?pageId=56133316>.
> All of our dialogues over the past months have been illuminating, 
> challenging and in my opinion, an important and true testament to the 
> multistakeholder model as we work toward the IANA Stewardship Transition.
>
> */We support the important improvements for ICANN's accountability 
> contained in the CCWG-Accountability's 2nd Draft Proposal. We endorse 
> the goal of enforceability of these accountability mechanisms, and we 
> believe that it is possible to implement the key elements of the 
> proposal. We want to work together to achieve the elements of the 
> proposal within the community's timeline while meeting the NTIA 
> requirements./*
>
> As we enter the final days of the Public Comment period, the Board 
> wants to be completely clear on our position. We are in agreement on 
> key concepts set forward in the CCWG's proposal, for example:
>
>   * Fundamental bylaws.
>   * Specific requirements for empowering the community into the bylaws
>     adoption process.
>   * IRP enhancements.
>   * Board and director removal.
>   * ICANN's mission and core values.
>   * Strengthening requirements for empowering the community in the
>     budget, operational and strategic planning process.
>   * The incorporation of the Affirmation of Commitments Reviews
>     intoICANN bylaws.
>   * Community ability to enforce the accountability mechanisms in the
>     bylaws.
>
> We have suggestions on how these could be operationalized. With 
> regards to the mechanisms for community enforceability, where the 
> current proposal still warrants much detail that may not be achievable 
> we have a suggestion on how to deliver on it in a stable way, as 
> increased enforceability must not open up questions of, for example, 
> capture or diminishing of checks and balances.
>
> Let's work together on operationalizing the above principles on which 
> we agree. Once again, we are committed to providing more detail on how 
> these ideas can be operationalized in a way that they can be 
> implemented within the community identified time frame for the 
> transition, as well as have sufficient tested grounds to not result in 
> unintended consequences.
>
> During last night's discussion we shared this feedback. It was a lot 
> of information to digest in a call (notes around opening remarks 
> <http://mm.icann.org/pipermail/accountability-cross-community/2015-Sep
> tember/005160.html>, notes around 10 points 
> <http://mm.icann.org/pipermail/accountability-cross-community/2015-Sep
> tember/005161.html>), and we appreciate everyone giving our advice 
> consideration. We are committed to submitting our comments into the 
> Public Comment process in the next few days, and we look forward to 
> the working with the community on further details.
>
> It is critical that we work together to build enhanced accountability 
> forICANN and continue to refine and flesh out details of the 
> impressive work already done by the community and complete the 
> IANAStewardship Transition.
>
>
>
> _______________________________________________
> Accountability-Cross-Community mailing list 
> Accountability-Cross-Community at icann.org
> https://mm.icann.org/mailman/listinfo/accountability-cross-community

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