[gnso-review-dt] Additional input on 360 Assessment Questions

[Gomes, Chuck]

Volker,

I agree that this is a concern but I do not think it relates to our 360 questions unless I am missing something.

Chuck

-----Original Message-----
From: owner-gnso-review-dt at icann.org [mailto:owner-gnso-review-dt at icann.org] On Behalf Of Volker Greimann
Sent: Tuesday, June 10, 2014 1:07 PM
To: Ron Andruff; gnso-review-dt at icann.org
Subject: Re: [gnso-review-dt] Additional input on 360 Assessment Questions


One further issue the DT may want to look at is if it is necessary to devise policies that avoid "double dipping" i.e. representation of one entity within multiple constituencies.
Without such policy one could argue that there is a risk for the entire structure of ICANN being hollowed out or dominated by specialized interest groups that happen to fit more than one constituency.

This is not necessarily a structural, but rather an organizational issue, i.e. of defining which constituency best represents an entity.

Best,

Volker



Am 06.06.2014 23:44, schrieb Ron Andruff:
> Dear Chuck, James and all,
>
> As I catch up on this string reading through the posts since my last 
> one I am seeing a lot of parsing of words rather than an understanding 
> of what I believe Avri and I are trying to bring to the fore.  What I 
> am saying is that the structure we have now appears to be serving only 
> two groups - Registries and Registrars - within all of ICANN.  Those 
> of us who were not contracted parties were jammed together at an 11th 
> hour meeting similar to how Yugoslavia was created post WWII, and we 
> all know what happened to that mashup...
>
> If there is commonality (and here I take issue with your comment James, re:
> the BC and IPC overlap, because that is NOT the case in our view) it 
> is commonality around ICANN issues such as public interest, user's 
> interests, as examples.  Otherwise the memberships in the various 
> bodies that make up the NPCH could not be further from one another in 
> their interests and actions.
>
> So we are saying -- as members of this WP -- the discord within the 
> NCPH is palpable.  It is not dislike of each other, rather different 
> views as constituencies.  Thus, we should give the house structure a 
> serious review to see if there are other ways to structure the 
> organization so that it better serves the institution and likewise the community.
>
> While Chuck has pointed to some results that have occurred over the 
> years, the few positive examples pale in comparison to all of the 
> other issues, big and small, that have failed more often than not locked in stalemates, e.g.
> Vertical Integration.  One result of VI is new registries handpicking 
> even trademarked names and putting them into their own registrar to 
> sell for $1000's as premium names...  Was that the intended result the 
> Board thought would happen when they took that over from the GNSO WG 
> or was that just an outcome of a failure of the GNSO to fulfill its 
> mandate...?  I don't know the answer, but I do believe that things we 
> have yet to see as a result of VI will haunt ICANN for decades to 
> come.  Some may see this example as conflating issues, but it is not 
> so much that as an example of what happens when the GNSO doesn't work as it could.
>
> In my view, we should stop parsing words with explanations and get on 
> with a full - 360 degree - review of the entire GNSO... stakeholder 
> groups, houses, NCAs, voting, how to manage new entrants 
> (constituencies, communities, brands, geos) etc.
>
> We need new ideas to build a structure that meets today's and 
> tomorrow's (as far as we can anticipate them) needs.  The survey 
> respondents will give us the data to construct the 'new GNSO'.  We 
> just have to figure out how to put a survey together that asks all of these critical questions.
>
> A fresh idea for selecting Board members (as that discussion has also 
> come up on this thread) is needed if we want to populate the ICANN 
> Board with the most highly-qualified representatives.  When I consider 
> how much vetting prospective Board members go through via the Nom Com 
> (as a result of my participation in 2013 and again this year) I am 
> amazed and appalled at how very little vetting those Board members that come through the SG's get...
> Why would the community choose such an uneven and illogical methodology?
> Given an opportunity to utilize a better process, I am sure the 
> community would seize on it for all the good reasons one can imagine.  
> So what quality of Board would we get if each constituency/stakeholder 
> group were to put forward three candidates for the Nom Com to vet and 
> select one from?  Would that raise the bar?  Would such a vetting 
> process remove from the Board those whose first interest may not be the good of ICANN? Radical, yes.
> Workable, maybe.  Raise the quality of the ICANN Board of Directors, 
> absolutely...
>
> Everyone on this WP should be thinking outside of the box if we hope 
> to generate a GNSO review/improvement from the bottom up.  Otherwise, 
> we will see change coming from the top down, whether we like it or 
> not.  And then what?
>
> Kind regards,
>
> RA
>
>
> Ron Andruff
> dotSport LLC
> www.lifedotsport.com
>
> -----Original Message-----
> From: owner-gnso-review-dt at icann.org 
> [mailto:owner-gnso-review-dt at icann.org]
> On Behalf Of Avri Doria
> Sent: Friday, June 6, 2014 16:11
> Cc: ntfy-gnso-review-dt at icann.org
> Subject: Re: [gnso-review-dt] Additional input on 360 Assessment 
> Questions
>
>
>
>
> On 06-Jun-14 19:53, Gomes, Chuck wrote:
>
>>> Can you give me an example where the House structure has caused a 
>>> problem with regard to policy development, which is the GNSO's 
>>> primary role?
>>>
>> The inability of the NCPH to perform any of it functions without 
>> months of garbage processing.  It just does not work.  We have great 
>> trouble electing a vice-chair and we have failed completely in 
>> electing a Board member this time.
>
> [Chuck Gomes]  I don't think this
>> has impacted policy development but it is still a very good point of
>> an issue that needs to be dealt with.   I would like to think (maybe
>> naively) that this should be able to be solved within the existing 
>> structure.  If the two houses cannot resolve it among themselves, 
>> then maybe it should be discussed by the full Council.
> It can't be.  If anything it has gotten worse over the three years and 
> gets worse all the time.
>
> And I certainly can't see discussing it in council.  What is the 
> difference between discussing it in the house and in council.  the 
> other house is going to give us advice on how to get along.  Not too likely.
> In all my years of studying counseling and group dynamics that has 
> never been a workable formula.
>
> Kind of like a one neighbor trying to fix the marital problems of 
> their neighbors.
>
> And before you suggest we go to a counselor, we did.  And indeed when 
> it gets too tough the Ombudsman can help us iron our a compromise, but 
> that is not way to live.
>
>> Additionally, and I can see why the CPH would not mind, it is obvious 
>> that the differences inside the NCPH will keep use from ever being 
>> able to elect a Chair from our side of the GNSO.  That is a kind of 
>> dysfunction that rots most organizations sooner or later.
>
> [Chuck
>> Gomes]  I think this is kind of an unfair statement.  The reality is 
>> that the NCPH did not put forward a candidate in the last round.  If 
>> you think it is impossible, maybe the Council should explore ways to 
>> rotate the position among the two houses.  I haven't discussed this 
>> with others in the CPH but I personally would be fine with that as 
>> long as the candidates have good leadership skills and are able to 
>> commit the time.
> Yeah maybe.  But no.  In fact, names withheld, I have even have CPH 
> people tell me this that they realized there was no way we could ever 
> put up a candidate that could win because our vote would always split.
> Though the idea of us putting up a candidate we agreed on is rather funny.
> Pathetic humor, but funny.
>
>>> Is the adversarial problem you observed in the Council or the GNSO 
>>> in general?  I am not on the Council so I cannot speak to that directly.
> On council we can actually sometime agree on some issues.  We mostly 
> all know how to behave professionally in council most of the time.
>
>> The Council is not sperate form the GNSO.  The dysfunction is in both 
>> on the NCPH side.
>>
>> Additionally the house structure makes it impossible to ever consider 
>> adding new SGs, and with the growth of the new gTLD space, that looks 
>> like a possible limitation.
>
> [Chuck Gomes] Adding SGs would certainly
>> be complicated but I don't think it should be impossible.
> That would imbalance the house which would be complicated.
> Whereas without house, we could just add some more council members.
>> But I am not suggesting we add SGs at this point in time.
>>
>> What I am arguing for is gathering information.  Maybe my perception 
>> is mine alone.  The fact that people aren't intersted in gathering 
>> information strikes me as sort of problematic, though.
>
> [Chuck Gomes]
>> As I think I have said several times, I am not opposed to gathering 
>> the information but just question whether we should do it in this 
>> exercise, i.e., the timing.
> I do not understand the timing issue.  This is the time.  next time is 
> in 3 years.  There is one survey, one chance for the SIC to find out 
> what needs to be done.
>
>
>> If everything is as wonderful as you think it is, asking the 
>> questions won't hurt anything, we will find out that everything is 
>> wonderful and I am wrong.
>
> [Chuck Gomes] If the group wants to ask
>> questions about structure, I won't fight.  And I didn't say 
>> everything is wonderful.  Everything is far from wonderful but I am 
>> not convinced that is largely a factor of structure.
> There we have a difference of opinion. I think structure is a key 
> component to things working out well or purely, not the only one, but a critical one.
> You either accentuate the differences with sets of oppositions, or you 
> put together a structure that allows many different alliances to form, 
> with these alliance changing over time.  Because of the strict 
> diremption in the voting structure, house versus house, SG versus SG, 
> alliances are much more difficult.  When I compare the days in the 
> council my last time, with this time, the alliance making was far more dynamic in the past.
>
>>
>> As I say, at this point I am advocate gathering info.
>>
>> But yes, I beleive we could eliminate the houses and keep almost 
>> everything else the same, rather simply, all we would need to do is 
>> figure out how to elect vice chairs and Board members.  But for the 
>> NCPH it would remove a limitation.
>>
>> As for electing the Board, I consider it a real democracy problem 
>> that one person is elected by 8 people, while the other is elected by
>> 5 people.
>
> [Chuck Gomes] Please translate this for me.
>
> (: that is far too few people for a voting population.  The idea that 
> one board seat is elected by a group of 7 voters in one instance and 
> by
> 13 in another is a problem in accountability.  21 voters is small 
> enough.  I would actually like to see us take a page out of the 
> AT-Large book and add the SG chairs to the voting group for a bit more depth.
> But I know that is a structural change too far.  The point is a large 
> more diverse representative voting populations makes for better 
> democracy, aka it is better for accountability
>
>> Finally I think having a homeless voteless NCA is a real limitation 
>> on the community's influence on the GNSO.
> BTW, I think this was intentional on the part of the GNSO committee 
> (which i was one but dissented from) that came up with this mishigas*.
> They wanted to decrease the influence of the NCAs.
>
> [Chuck Gomes] I need some
>> help understanding this.  BTW, the homeless, voteless NCA is 
>> providing some excellent service for the GNSO in leading this group 
>> and representing the GNSO with SIC on GNSO Review.  To me that is 
>> much more valuable than any vote would be.
> Yes I spoke of Jen's great service in our last meeting.  And she could 
> do just as well if she had a vote.  Many people do good jobs in the 
> council without needing to give up their vote to do so. Jonathan 
> provides great service as a neutral chair, yet he retains his vote. 
> The two issues are not related.  The community selects three people to 
> contribute to the decisions making.  Voting is part of that.
>
> Would it make sense for us all to give up our votes and just manage teams?
> We would be contributing just as much.
>
> avri
>
> * yiddish word for a special kind of craziness
>

--
Bei weiteren Fragen stehen wir Ihnen gerne zur Verfügung.

Mit freundlichen Grüßen,

Volker A. Greimann
- Rechtsabteilung -

Key-Systems GmbH
Im Oberen Werk 1
66386 St. Ingbert
Tel.: +49 (0) 6894 - 9396 901
Fax.: +49 (0) 6894 - 9396 851
Email: vgreimann at key-systems.net

Web: www.key-systems.net / www.RRPproxy.net www.domaindiscount24.com / www.BrandShelter.com

Folgen Sie uns bei Twitter oder werden Sie unser Fan bei Facebook:
www.facebook.com/KeySystems
www.twitter.com/key_systems

Geschäftsführer: Alexander Siffrin
Handelsregister Nr.: HR B 18835 - Saarbruecken Umsatzsteuer ID.: DE211006534

Member of the KEYDRIVE GROUP
www.keydrive.lu

Der Inhalt dieser Nachricht ist vertraulich und nur für den angegebenen Empfänger bestimmt. Jede Form der Kenntnisgabe, Veröffentlichung oder Weitergabe an Dritte durch den Empfänger ist unzulässig. Sollte diese Nachricht nicht für Sie bestimmt sein, so bitten wir Sie, sich mit uns per E-Mail oder telefonisch in Verbindung zu setzen.

--------------------------------------------

Should you have any further questions, please do not hesitate to contact us.

Best regards,

Volker A. Greimann
- legal department -

Key-Systems GmbH
Im Oberen Werk 1
66386 St. Ingbert
Tel.: +49 (0) 6894 - 9396 901
Fax.: +49 (0) 6894 - 9396 851
Email: vgreimann at key-systems.net

Web: www.key-systems.net / www.RRPproxy.net www.domaindiscount24.com / www.BrandShelter.com

Follow us on Twitter or join our fan community on Facebook and stay updated:
www.facebook.com/KeySystems
www.twitter.com/key_systems

CEO: Alexander Siffrin
Registration No.: HR B 18835 - Saarbruecken V.A.T. ID.: DE211006534

Member of the KEYDRIVE GROUP
www.keydrive.lu

This e-mail and its attachments is intended only for the person to whom it is addressed. Furthermore it is not permitted to publish any content of this email. You must not use, disclose, copy, print or rely on this e-mail. If an addressing or transmission error has misdirected this e-mail, kindly notify the author by replying to this e-mail or contacting us by telephone.