[atrt2] Justification for Independent Expert/Facilitator on the public interest discussion

Carlos Raul carlosraulg at gmail.com
Sat Jun 8 17:27:49 UTC 2013

Thank you Brian for the opportunity. My justification as per attachment has
great advantage in hindsight over the original one pager, that many useful
discussion have taken place since I wrote it. In particular

   - my discussions with Steve Crocker over the BCG 2008 report on the
   Board (Olivier: I hope it is on the wiki)
   - lively activity in the GAC over the last few weeks as we look forward
   to Durban
   - Brain and Olivier's great practical contributions in the Work-streams
   calls over the last few days, to make us start thinking about our own ideas

The proposal relates directly to many other ideas, that I directly support

   - the letter to Governments (ongoing)
   - the case study on PDP effectiveness (Alan)
   - the need for metrics (Brian)

So I will refer in the spreadsheet to the other 3 proposals only, otherwise
I wont make the deadline...........

Best regards and a nice Sunday to all of you!

*Carlos Raúl Gutiérrez*
Skype   carlos.raulg
Apartado 1571-1000

On Wed, Jun 5, 2013 at 4:06 PM, Brian Cute <bcute at pir.org> wrote:

> Review Team,
> To complete the process of determining whether ATRT2 should engage an
> Independent Expert, we will proceed with a two-step process:
>                   Step One:  Final discussion of proposed issues for
> Independent Expert
> On the last full ATRT2 Review Team call, Members who put forward potential
> issues for Independent Expert work were afforded a minimal amount of time
> to articulate why their proposed issue were deserving of theengagement of
> an Independent Expert.  Nor was there an opportunity for other Review Team
> members to express their views on the candidate issues.
> For the next 72 hours (until 10:00p.m. UTC , Saturday), all Review Team
> members are asked to put their views forward, by email on the ATRT2 email
> list, concerning the proposed issues and whether ATRT2 should engage an
> Independent Expert.  Members who offered an issue for consideration are
> invited to provide justification for their issue(s).  Other Review Team
> members are invited to support a proposed issue or provide arguments as to
> why a proposed issue does not merit the work of an Independent Expert. To
> the extent possible, we do not want this process to become a "beauty
> contest" so please submit comments that are framed to address only the
> individual merits of a proposed issue and not a comparison of one proposal
> to another. The 6 issues under consideration are as follows:
> 1. Case Studies of PDPs and Processes with regard to ATRT1 advice (Avri)
> 2. Whistle-blower program - Effectiveness and adherence to standards (Avri)
> 3. ICANN Finances (Lise)
> 4. Case study re: effectiveness of PDP process (Alan)
> 5. Public Interest - ecosystem value chain (Carlos)
> 6. Metrics (Brian)
> (Note that the ATRT2 government representatives are addressing Jorgen’s
> proposed issue of “Outreach” to governments separately and for that reason
> has been removed from the list of potential Independent Expert issues.)
> Falling under Issue #1 above, a number of specific case studies have been
> recommended (byAvri and identified from review of Public Comments received
> to date).  When the Doodle poll is circulated, Review Team members who
> support Issue #1 above will also be asked to identify specific case studies
> to be undertaken by an Independent Expert from the following list:
> 1.     New gTLD program
> 2.     Applicant Support program
> 3.     ICANN Travel policy
> 4.     IDN ccTLD PDP
> 5.     ASO Global Policy for Post Exhaustion IPv4 Allocation Mechanisms by
> the IAN
> 6.     Vertical Integration
> 7.     Public Interest Commitments
> 8.     Trademark Clearing House
> 9.     Board - GAC interaction concerning GAC Advise
> 10.  External review of the Board
> 11.  ICANN’s relationship with the registrars
> 12.  Independent assessment of the public comments to avoid self-dealing
> and post hoc rationalization
> 13.  Staff interaction and support of business and intellectual property
> interests
> 14.  Gaps in stakeholders’ presence in ICANN
> 15.  Cross Community efforts, modalities and success
> While all of the issues and potential case studies below may be suitable
> for review by ATRT2, Members are being asked to identify whether a given
> issue requires the assistance of anIndependent Expert.  When putting
> forward your views on the proposed issues, please consider and address the
> following factors:
> -                 whether the work of an Independent Expert on the issue
> will provide critical benefit to ATRT2 and its recommendations to the ICANN
> Board;
> -                 could the issue be effectively addressed with existing
> ATRT2 resources;
> -                 how significant do you expect this issue to be in terms
> of impact on ICANN’s accountability and transparency;
> -                 how many issues could/should an Independent Expert be
> asked to undertake (time and money are natural constraints);
> -                 is the issue one that would need to factor into the
> ATRT2 recommendations or one that would be a stand-alone analysis that, in
> parallel, is complementary to the ATRT2's work;
> -                 is this issue related to specific mandate of paragraph
> 9.1 of the Affirmation of Commitments;
> Attached for your review are the “1 pager” documents that were submitted
> as proposed issues.  Also attached is a spreadsheet that you can use to
> support or oppose a given issue.  Use of the spreadsheet is at your
> discretion.  Comments in any format are welcome.
> Step 2:  Doodle Poll
> When the 72 hour period closes, ICANN Staff will circulate a Doodle poll
> for Review Team members to vote on the issue (or issues) that he or she
> believes requires the work of an Independent Expert.
> Regards,
> Brian, Avri, Lise and Alan
> _______________________________________________
> atrt2 mailing list
> atrt2 at icann.org
> https://mm.icann.org/mailman/listinfo/atrt2
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