[CWG-Stewardship] Final response from DT-M regarding public comments

Milton L Mueller mueller at syr.edu
Fri Jun 5 20:54:11 UTC 2015


I am inclined not to agree. ICANN control means ICANN control, and I can think of all kinds of reasons why a board concerned with performance might want to initiate an RFP on its own initiative. 

> -----Original Message-----
> 
> I am inclined to agree with this: " I do not think that an RFP should be
> initiated without an SIFR & SCWG."
> 
> Chuck
> 
> -----Original Message-----
> From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-
> bounces at icann.org] On Behalf Of Avri Doria
> Sent: Friday, June 05, 2015 11:51 AM
> To: cwg-stewardship at icann.org
> Subject: Re: [CWG-Stewardship] Final response from DT-M regarding public
> comments
> 
> Hi,
> 
> That is a fascinating question and perhaps a hole in the solution.  I do not
> think that an RFP should be initiated without an SIFR & SCWG.  I have no
> real issue with the Board, or even the members if we have members,
> initiating a SIFR if they see problems no one else does.
> Perhaps this is the catch all for the wider community issue that some claim
> are  not included.
> 
> But to have them just decide on their own, for commercial or 'profitability'
> reasons perhaps, without community involvement seems very inappropriate.
> 
> avri
> 
> 
> 
> On 05-Jun-15 07:53, Matthew Shears wrote:
> > I agree Greg and have similar concerns to Staffan and Martin.  But on
> > your second point have we specified how the board would do this:
> >
> > t/he Board could initiate an RFP or other change to IANA functions
> > operations without a SIFR/
> >
> > Matthew
> >
> > On 6/5/2015 12:48 PM, Greg Shatan wrote:
> >> I see this as a community power. Frankly, the Board could initiate an
> >> RFP or other change to IANA functions operations without a SIFR.
> >>
> >> Greg
> >>
> >> On Friday, June 5, 2015, Staffan Jonson <staffan.jonson at iis.se
> >> <mailto:staffan.jonson at iis.se>> wrote:
> >>
> >>     The rationale for giving ICANN (or PTI) the ability to initiate a
> >>     SIFR would allude to some general principles of transparency
> >>     ('everybody should be able to check everybody'). In my view the
> >>     principles behind is an interesting discussion, but not very much
> >>     more. The current Hybrid model and contract governance give ICANN
> >>     a lot of power, the upper hand so to say. So according to
> >>     proposal ICANN will already control IANA functions operations.
> >>
> >>     So who would ICANN scrutinize with its review power? Its own
> >>     supporting organizations?  SO:s and AC:s? Most cc:s are not even
> >>     contracted with ICANN, and have few plans to become. Or would
> >>     ICANN need to review its own IANA operations with an external
> >>     organization? The latter would to me indicate lack of control. Or
> >>     dual representation by MS community.
> >>
> >>     So a practical answer is: It wouldn't need to. And I see very few
> >>     possibilities of change in this area.
> >>
> >>     So my answer is more along a pragmatic stream: Is this relevant
> >>     for the CWG? Now? Do we really, really need to include this
> >>     aspect in transition? This late? Are we limiting our
> >>     deliberations to what is absolutely necessary for the transition,
> >>     or are we - once the window of ooportunity is open- trying to
> >>     make it a perfect world? I would say no to both.
> >>
> >>     Another answer relates to direct process: The need for a review
> >>     is about accountability, so any power for ICANN to review itself
> >>     should preferably be discussed by CCWG (WS2).
> >>
> >>
> >>
> >>     However what might be valid, is that ICG soon will have to handle
> >>     up to three parallel mechanisms for review (one from each
> >>     community within  CWG). Maybe we should remind them of the
> >>     potential need to coordinate review mechanisms.
> >>
> >>
> >>
> >>     Staffan
> >>
> >>
> >>
> >>     With best regards
> >>
> >>     Staffan Jonson
> >>
> >>
> >>
> >>     Mr. Staffan Jonson, Senior Policy Adviser
> >>
> >>     .SE (The Internet Infrastructure foundation)
> >>
> >>
> >>
> >>     BOX 7399 | SE-103 91 STOCKHOLM | SWEDEN
> >>
> >>     Direct: +46 8 452 35 74 | SMS: +46 73 317 39 67
> >>
> >>     staffan.jonson at iis.se
> >>     <javascript:_e(%7B%7D,'cvml','staffan.jonson at iis.se');> |
> >>     www.iis.se/en <http://www.iis.se/en>
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>     *Från:*cwg-stewardship-bounces at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>
> >>     [mailto:cwg-stewardship-bounces at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>]
> >>     *För *Martin Boyle
> >>     *Skickat:*den 5 juni 2015 12:01
> >>     *Till:* Matthew Shears; Milton L Mueller;
> >>     cwg-stewardship at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship at icann.org');>
> >>     *Ämne:* Re: [CWG-Stewardship] Final response from DT-M regarding
> >>     public comments
> >>
> >>
> >>
> >>     I struggle to imagine why the ICANN Board (any more than the PTI
> >>     Board) would want to initiate an SIFR, in particular without the
> >>     support of the community.  Worse, I would feel that there would
> >>     be a "cunning plan" somewhere behind such a decision and that
> >>     leaves me seriously questioning why we would want this process to
> >>     be triggered in such a way.  No support for an SIFR, no
> >>     overriding ICANN (or PTI) Board to ignore interests of the community.
> >>
> >>     If someone can see possible reasons, I'd like to hear them.  Then
> >>     any trigger route could be defined (and limited) more carefully.
> >>
> >>
> >>
> >>     Martin
> >>
> >>
> >>
> >>     *From:*cwg-stewardship-bounces at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>
> >>     [mailto:cwg-stewardship-bounces at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>]
> >>     *On Behalf Of *Matthew Shears
> >>     *Sent:* 05 June 2015 06:17
> >>     *To:* Milton L Mueller; cwg-stewardship at icann.org
> >>     <javascript:_e(%7B%7D,'cvml','cwg-stewardship at icann.org');>
> >>     *Subject:* Re: [CWG-Stewardship] Final response from DT-M
> >>     regarding public comments
> >>
> >>
> >>
> >>     But what would the thresholds be?  And, currently an SIFR comes
> >>     as a result of other mechanisms being exhausted as well as the
> >>     IANA probems resolution process.
> >>
> >>     /The Special IFR would be triggered by a supermajority vote of
> >>     each of the ccNSO and GNSO Councils according to their normal
> >>     procedures for determining supermajority. /
> >>
> >>     Would we require a supermajority of only the Board, or in
> >>     addition to the ccNSO and GNSO.  And as a result of the
> >>     mechanisms being exhausted?  I would assume so.
> >>
> >>     Matthew
> >>
> >>     On 6/5/2015 4:05 AM, Milton L Mueller wrote:
> >>
> >>         I can't
> >>
> >>         --MM
> >>
> >>
> >>
> >>             -----Original Message-----
> >>
> >>             From: cwg-stewardship-bounces at icann.org
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>
> >> [mailto:cwg-stewardship
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship');>-
> >>
> >>             bounces at icann.org
> >> <javascript:_e(%7B%7D,'cvml','bounces at icann.org');>] On Behalf Of
> >> Gomes, Chuck
> >>
> >>             Sent: Thursday, June 4, 2015 5:02 PM
> >>
> >>             To: avri at acm.org
> >> <javascript:_e(%7B%7D,'cvml','avri at acm.org');>;
> >> cwg-stewardship at icann.org
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship at icann.org');>
> >>
> >>             Subject: Re: [CWG-Stewardship] Final response from DT-M
> >> regarding public
> >>
> >>             comments
> >>
> >>
> >>
> >>             Good catch Avri and good question. Can anyone think of a
> >> reason why the
> >>
> >>             ICANN Board should not be able to request an SIFR?
> >>
> >>
> >>
> >>             Chuck
> >>
> >>
> >>
> >>             -----Original Message-----
> >>
> >>             From: cwg-stewardship-bounces at icann.org
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship-bounces at icann.org');>
> >> [mailto:cwg-stewardship
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship');>-
> >>
> >>             bounces at icann.org
> >> <javascript:_e(%7B%7D,'cvml','bounces at icann.org');>] On Behalf Of
> >> Avri Doria
> >>
> >>             Sent: Thursday, June 04, 2015 4:39 PM
> >>
> >>             To: cwg-stewardship at icann.org
> >> <javascript:_e(%7B%7D,'cvml','cwg-stewardship at icann.org');>
> >>
> >>             Subject: Re: [CWG-Stewardship] Final response from DT-M
> >> regarding public
> >>
> >>             comments
> >>
> >>
> >>
> >>             Hi,
> >>
> >>
> >>
> >>             I am part of DT-M and partly responsible for this.
> >>
> >>
> >>
> >>             But.  It has a cost, which I did mention on the DT-M list:
> >>
> >>
> >>
> >>             There is currently no mechanism defined for the Board to initiate
> a SIFR.
> >>
> >>
> >>
> >>             Should there be?
> >>
> >>
> >>
> >>             avri
> >>
> >>
> >>
> >>
> >>
> >>             On 04-Jun-15 16:10, Gomes, Chuck wrote:
> >>
> >>
> >>
> >>                 Here is DT-M's final proposed response to comment
> >> review tool item #
> >>
> >>                 246 regarding AFRALO's suggestion that the PTI Board
> >> be allowed to
> >>
> >>                 initiate a SIFR directly:  *"DT M carefully
> >> considered the
> >>
> >>                 recommendation to allow the PTI Board to initiate a
> >> Special IFR but
> >>
> >>                 decided against that while at the same time noting
> >> that the PTI Board
> >>
> >>                 could request that the ICANN Board consider doing
> >> so."*
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>                 If there are any questions, please let me know.
> >>
> >>
> >>
> >>
> >>
> >>
> >>
> >>                 Chuck
> >>
> >>
> >>
> >>
> >>
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> >>
> >>                           disclosure under applicable law or may be
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> >>
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> >>
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> >>
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> >>
> >>
> >>
> >>
> >>
> >>
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> >>
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> >>
> >>
> >>
> >>
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> >>         CWG-Stewardship at icann.org
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> >>
> >>         https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >>
> >>
> >>
> >>     --
> >>
> >>     Matthew Shears
> >>
> >>     Global Internet Policy and Human Rights
> >>
> >>     Center for Democracy & Technology (CDT)
> >>
> >>     + 44 (0)771 247 2987
> >>
> >
> > --
> > Matthew Shears
> > Global Internet Policy and Human Rights Center for Democracy &
> > Technology (CDT)
> > + 44 (0)771 247 2987
> >
> >
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