[CCWG-ACCT] CCWG-Accountability - Draft Comment for Public Consultation on Articles of Incorporation (AOC)
matthew shears
mshears at cdt.org
Wed Jul 13 13:11:42 UTC 2016
+ 1 Avri and Niels
On 13/07/2016 13:59, Niels ten Oever wrote:
> I agree with Avri. Also: eventhough it might not in all cases be clear
> what the global public interest is, often it is very clear what it is not.
>
> Best,
>
> Niels
>
> On 07/13/2016 02:46 PM, avri doria wrote:
>> Hi,
>>
>> I think I disagree. I think the understanding of ICANN's position on
>> the global interest always depends on the bottom-up multistakeholder
>> understanding of that public interest within the confines of its
>> mission. I think that we can define a framework that helps us discover
>> the public interest within the context of a particular issue and the
>> mission. A set of principles, beyond those at the highest level, seem
>> to be a holy grail that we can search for but that will continue to
>> elude us. On the other hand it will always also be necessary to measure
>> our understanding of the public interest in policies and behavior with
>> regard to our commitment to the mission and to the impact on the
>> fundamental human rights we plan to respect.
>>
>> Essentially understanding the public interest can only work if we see it
>> as a continual process of discovery and bottom-up policy development
>> according to ever improving bottom-up multistakeholder process.
>>
>> avri
>>
>> On 13-Jul-16 05:48, Dr. Mona Al-achkar JAbbour wrote:
>>> I confirm Tijami.
>>> Without clear concepts and principles, there is no chance for a
>>> "Global Public Interest".
>>>
>>> Despite the fact that “public interest “ is a general broad term, it
>>> is always decided upon weighing expected gains and potential losses
>>> associated with a decision or a policy.
>>>
>>> Hence, besides defining principles and concepts, there is a need, to
>>> have an independent party who can have a say, on what is the “global
>>> public internet” in issues related to ICANN’s decisions and policies.
>>>
>>> Sincerely
>>>
>>> Mona
>>>
>>>
>>> ------------------------------------------------------------------------
>>> From: tijani.benjemaa at topnet.tn
>>> Date: Sun, 10 Jul 2016 19:22:31 +0100
>>> To: sam at lanfranco.net
>>> CC: thomas at rickert.net; accountability-cross-community at icann.org
>>> Subject: Re: [CCWG-ACCT] CCWG-Accountability - Draft Comment for
>>> Public Consultation on Articles of Incorporation (AOC)
>>>
>>> I love the comparaison you make with justice.
>>>
>>> As for justice, we need a broad set of principles to be defined
>>> The purpose of the process is to reach consensus based on those
>>> principles. Reaching a consensus on the issue at hand without having
>>> the set of principles will give a result according to the power
>>> (money, time to spend on the discussion, etc.) of each stakeholder.
>>>
>>> The « Global Public Interest » is needed to avoid that the ICANN
>>> policy or practice is captured by political, commercial, and/or any
>>> other particular interest. So if we limit it to reaching a consensus,
>>> we may see political or commercial interest dominate the consensus for
>>> the reasons I mentioned. That consensus is necessary and should be
>>> based on the so called « set of broad principles ».
>>>
>>> -----------------------------------------------------------------------------
>>> *Tijani BEN JEMAA*
>>> Executive Director
>>> Mediterranean Federation of Internet Associations (*FMAI*)
>>> Phone: +216 98 330 114
>>> +216 52 385 114
>>> -----------------------------------------------------------------------------
>>>
>>> Le 10 juil. 2016 à 13:52, Sam Lanfranco <sam at lanfranco.net
>>> <mailto:sam at lanfranco.net>> a écrit :
>>>
>>> At the risk of restating the obvious in simple terms I am taking a
>>> whack at the issue of ICANN and the public interest (global or
>>> otherwise). There is no agreed upon definitive definition of the
>>> public interest. This is not because there are different competing
>>> definitions but because of the inherent nature of the notion
>>> itself. The public interest is not like an element (iron, copper,
>>> helium) in the periodic chart where there is a fine grained
>>> molecular test of whether something is in, or not in, the public
>>> interest. It is a concern across a broad scope of human existence
>>> for the impact of policies and practices carried out by
>>> institutions, and in some cases individuals. Does an action
>>> support, or counter, the public interest (i.e., can I raise
>>> chickens in my urban back yard)?
>>>
>>> In ICANN, it is appropriate to have a commitment to policies and
>>> actions in the global public interest, without a defined
>>> definition of global public interest. That is why there is
>>> reference to the multistakeholder community through an inclusive
>>> bottom-up multistakeholder community process. Here is where a
>>> nuance is important. The task of that process is not to craft an
>>> ICANN definitive definition of the global public interest. The
>>> task of that process is to stand ready to be invoked whenever it
>>> appears that an ICANN policy or practice is not consistent with
>>> some element of the global public interest. C
>>>
>>> In the case of society and justice, where there is no definitive
>>> definition of justice, a broad set of principles exist and on a
>>> case by case basis the objective is that “justice has to be seen
>>> to be done”. In the case of ICANN and a commitment to the global
>>> public interest, on a policy and practice case by case basis, the
>>> global public interest has to be seen to be served. To repeat, the
>>> task of the ICANN multistakeholder community is to remain vigilant
>>> with respect to policies and practices as they impact on the
>>> global public interest and remain as the defenders of those
>>> interests within the work of ICANN. In doing so it will benefit
>>> from the case evidence build up within ICANN and elsewhere, but
>>> its task is not to pursue a quest for a definitive definition of
>>> the global public interest.
>>>
>>> Sam Lanfranco, NPOC/CSIH
>>>
>>> -- ------------------------------------------------ "It is a
>>> disgrace to be rich and honoured in an unjust state" -Confucius
>>> 邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
>>> ------------------------------------------------ Dr Sam Lanfranco
>>> (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario,
>>> CANADA - M3J 1P3 email: Lanfran at Yorku.ca <mailto:Lanfran at Yorku.ca>
>>> Skype: slanfranco blog: http://samlanfranco.blogspot.com
>>> <http://samlanfranco.blogspot.com/> Phone: +1 613-476-0429 cell:
>>> +1 416-816-2852
>>>
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>>
>>
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--
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987
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