[atrt2] PDP Effectiveness Study

Carlos Raul Gutierrez crg at isoc-cr.org
Sat Jun 22 15:36:51 UTC 2013


Thank you very  Avri!

this is the way to make progress in the team. Just let me make  two
clarifications of how I meant two important terms


   - *technical barriers*: I mean from the point of view of the* GAC reps*.
   Regulators, who sometimes have more technical knowledge, are oficialy
   excluded from GAC representation. It's fine with me, but then GAC should
   remain at the high level policy only and not chase the PDP process in all
   its stages, as my Australian colleague stated clearly before ATRT2 in
   Beijing. IETF is a purely technical forum. GAC should be a Public
   policy/public interest forum, but it is not.I don't believe GACs role is
   along the whole bottom up process, its only and "advisory" to the Board
   level



   - *Regulatory role*: I mean* ICANNs regulatory role*, as per the group
   letter from 6 or so At Large members, that Olivier distributed a few weeks
   ago (J.J.*Subrenat et.al.* I would call it). I agree with those views
   and believe that if ICANN pursues a transparent "*Standard setting plus
   compliance/regulatory*" model, its legitimacy would be much easier to
   understand/accept for a much wider group of Governments than today's
   minority. But maybe they don`t want to differentiate Governments role
   (which has its own standard of legitimacy, not meaning they are always
   higher or lower) from other Stakeholders "rights".

Have a nice Sunday

Carlos Raul


2013/6/22 Avri Doria <avri at ella.com>

> Hi,
>
> Sorry I misread the worlds "with all due respect"  I always see that being
> used differently, more as a weapon.  I guess it is all part of the
> relativism of expression.
>
> I am not sure I understand what you mean by 'technical barriers'.  The
> reference to IETF makes me think it meant "knowing what what one was
> talking about in terms of the technology."  It may be my  great
> misunderstanding, but I do assume that in making policy for technology one
> should understand the technology.  But I may not understand.
>
> I also do not understand what you mean about GAC being in a regulatory
> role.  While I beleive that ICANN, as a whole, provides  regulatory
> functions, I do not see GAC itself as being in a regulatory role.
>
> Finally, from what I see, every stakeholder feels that they do not have
> adequate access to the process.  But I think this is partly the result of
> all sharing access.  I can tell for sure that Civil society feels that it
> is pushed in the corner and that its human rights concerns are ignored at
> every turn.   Many contracted parties seem to feel that others, especially
> staff, have captured the process and their concerns do not get proper
> regard.  The Intellectual property constituencies think their real and
> desperate concerns are being ignored.  And so on for each stakeholder group
> that could be named.  Each of us can point to another stakeholder group and
> see how much more influence they have over the process.  From my Civil
> Society perspective, it looks like the GAC already rules the organization:
> they issue a statement, whisper threats about the ITU/WCIT eating ICANN's
> lunch, and the Board strives to do what they want - the Board has never
> done that for civil society, we feel ignored, deprecated and endured only
> for the semblance of multistakeholder appearances.   Each of us can point
> to parts in the process where we think we are not being allowed to
> participate fully and adequately.  I think this group has to take into
> account that all of the stakeholders feel thwarted by the nature of the
> multistakeholder process, and the ATRT2 should not elevate any group's
> concerns beyond the others.  We need to improve multistakeholder
> accountability, not the accountability to any single stakeholder group.
>
> I think the issue, given the multistakeholder nature of our group and of
> ICANN, is to figure out how we can become more accountable, as a
> multistakeholder organization, to all of its stakeholders, in a system
> where by its very nature, no one will get what all that they want.
>
> thanks
>
> avri
>
>
> On 22 Jun 2013, at 06:37, Carlos Raul Gutierrez wrote:
>
> > Avri,
> >
> > I was just trying to be polite. i will be as clear as I can write in
> English, and will just quote from the justification of my one pager, which
> was not meant to be personal.  It goes as follows
> > :
> > In many Internet governance and standards organizations, technical
> barriers are beneficial: in the IETF they contribute to meritocratic
> evaluation of proposals; in technology development processes they ensure
> the quality of contributions; in technical policy making they are a reality
> check and ensure operational efficacy.  In each of these, technical
> barriers contribute to quality control.  But when engaging with public
> policy makers, technical barriers preclude effective engagement and
> dialogue, and may foster distrust.
> >
> > Currently, the mechanisms for evaluating this phenomenon as an outcome
> are poorly understood.  An illustration is the current relationship between
> the GAC, the Board, and some of its joint working groups (operating
> principles, by-laws, PDP).  The Board has placed the GAC in a box and their
> engagement through joint WGs is confounded by technical barriers that are
> not aligned with the types of outcomes policy makers base their decisions
> based on.  The result is a body that has a fundamental regulatory role, but
> that both denies that role in favor of a poorly articulated .... model of
> multi-stakeholderism and that has unintentionally alienated those policy
> agents in government that could best help them develop this role.
> >
> >
> > based on that: yes, I would agree that based on that statemnt you can
> tag me into our second group if you like. No problem with your own
> prejudices. From that quote, I support a wider external perspective about
> ICANN, simply because I'm working for one Government that really tries hard
> to express its opinion (see ITRs),
> >
> > You may want to elaborate on how we can bridge the two groups as per
> your clasification.
> >
> > Cheers
> > Carlos Raul
> >
> > 2013/6/21 Avri Doria <avri at ella.com>
> > Hi,
> >
> > "with all due respect"? I must be in trouble now!
> >
> > ....
> >
> > I beleive all the mechanisms needed for very involved Nation State and
> GAC participation exist are contained in the By-Laws and PDP process as
> well as WG guidelines, it is just that these mechanisms are rarely if ever
> used.
> >
> > Others seem to  beleive that Nation States and  GAC are  given no real
> voice in fulfilling their stakeholder mandate in a manner appropriate to
> their definition of their roles and responsibilities.
> >
> > If we assume that both are right, then what we may have is a mismatch of
> mechanisms and capabilities.  Perhaps that is what will be discovered.
> >
> > What I think is critical in this, like other questions we ask,  is
> asking the question in a non prejudicial manner.
> >
> > avri
> >
> > On 21 Jun 2013, at 08:30, Carlos Raul wrote:
> >
> > > With all due respect Avri, this is exactly what I consider the problem
> of ATRT1 and I hope we can improve it this time: Its ICANN-centric
> perspective.
> > >
> > > We have a wider participation of public servants, as the still unsent
> letter shows, and we tend to see ICANNs legitimacy based on its ability to
> convince Governments, every single day, that they are doing their best in
> taking into account its considerations, independently if through (a
> definition) of GAC in the By-laws, or directly from Governments themselves
> or through a meta-definition of public interest.
> > >
> > > Luckily ICANN has today a CEO that, is taking its outreach to
> Governments very seriously and consulting them more widely than GAC itself
> sometimes does (due to lack of time of course). GAC has a full paragraph
> dedicated in 9.1
> > >
> > > (b) assessing the role and effectiveness of the GAC and its
> interaction with the Board and making recommendations for improvement to
> ensure effective consideration by ICANN ofGAC input on the public policy
> aspects of the technical coordination of the DNS;
> > >
> > > For that reason I support Jorgens very diplomatic language. I would be
> more blunt: my reading of 9.1 is that if GAC-BOARD relations are not
> effective, Governments should consider other channels to put their thoughts
> forward.
> > >
> > > I hope you all have a nice weekend!
> > >
> > >
> > >
> > > Carlos Raúl Gutiérrez
> > > Skype   carlos.raulg
> > > _________
> > > Apartado 1571-1000
> > > COSTA RICA
> > >
> > >
> > >
> > > On Thu, Jun 20, 2013 at 12:20 PM, Avri Doria <avri at ella.com> wrote:
> > > Hi,
> > >
> > > I would be more comfortable with a more ICANN centric question, like:
> > >
> > > - Whether the views of the GAC have been handled appropriately given
> their status as defined in the ICANN bylaws.
> > >
> > >
> > > avri
> > >
> > >
> > > On 20 Jun 2013, at 12:41, Jørgen C Abild Andersen wrote:
> > >
> > > > Dear colleagues
> > > >
> > > > Proposal for a new bullit between 86 and 87 (a 86A):
> > > >
> > > > - whether in particular the views and advice provided by GAC has
> been duly taken into account given the specific tasks of national
> governments with respect to public policy.
> > > >
> > > > Best wishes
> > > > Jørgen
> > > > _______________________________________________
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> >
> > --
> > Carlos Raúl Gutiérrez
> > skype carlos.raulg
> > _________
> > Apartado 1571-1000
> > COSTA RICA
> >
> > Mobile +506 6060 7176
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-- 
*Carlos Raúl Gutiérrez*
skype carlos.raulg
_________
Apartado 1571-1000
*COSTA RICA*

Mobile +506 6060 7176
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