[Gnso-subteam0b-policyimpl] Latest version of draft principles for review

Fri Dec 13 16:24:13 UTC 2013

Dear All:
I think the discussions and the draft are really starting to take shape.  However, I think a great way to move the discussion forward is to take two example of policy implementation from the past (one where the current  system worked without controversy and another that is perceived as having not worked in the current system) so we can put them under the microscope of these principles to help us frame the principles or if a certain principle makes sense or is even workable.
I have attached a revised version of the principles document containing a comment I have on Principle 4.
J. Scott

j. scott evans - associate general counsel - adobe - 408.536.5336 - jscottevans at outlook.com

From: marika.konings at icann.org
To: gnso-subteam0b-policyimpl at icann.org
Date: Fri, 13 Dec 2013 02:06:32 -0800
Subject: [Gnso-subteam0b-policyimpl] Latest version of draft principles for	review

Dear All,
Following our call yesterday, please find below some notes I took in relation to the discussion on the draft principles (for a detailed report of the meeting, please review the transcript and/or recording). Attached you will find the latest version of the draft principles (note I've accepted all the redlines to facilitate your review). You are encouraged to add any further comments / proposed edits to the document itself ahead of the next meeting (Thursday 19 December at 21.00 UTC).
Thanks,
Marika
>From Alan: Implementation has taken on
so many different meanings and different phases – that is the reason why we are
here. There are certain phases that do not need to be based in the
multi-stakeholder model. Only when there is substantive impact to stakeholders,
then it needs to be based in the multi-stakeholder model. If it is purely
execution this can be handled by staff without a need for a multi-stakeholder
process. If the PDP team had thought about the issue, they would have put the
details in – impact was defined / foreseen as part of policy discussions, it
may not necessarily require community input / discussion? Involvement should
not equate to veto. Need some working definitions of some of the terms we are
using.Greg: Agrees with Alan –
multi-stakeholder concept cannot be applied the same way in a policy process or
an implementation process. Nuance needs to be added to express that. Timeframe
for policy and implementation is different. Definitions and principles are
tied. Is there policy neutral implementation (execution), i.e. decisions don’t
have any impact on the policy recommendations while on the other hand you have
implementation decisions that affect the policy? Consider integrating principle
3 with 1, and some of the administrative ones. Nic: How can you determine who/how
someone is impacted? Michael: Multi-stakeholder model looks after interests of all parties. In
considering the whole process, we need to take that into account when defining
this principle.Chuck: Implementation even though it
may be straightforward and may not need further community consultation does not
go against the multi-stakeholder model. It may just be requiring the
originating body to confirm that implementation is as intended by the policy
recommendations. Also note that all these principles are interrelated. Possible
rewording: The need for multi-stakeholder principles does not end when you go
from policy to implementation. Should there be a sub principle that says
criteria should be developed and enforced when a multi-stakeholder process is
required? Objective is to avoid situation whereby Board/Staff decide that
something is implementation and does not require community involvement /
feedback. Should this sub-team develop some guidelines or should this be done
by the WG? Is it possible to define principles / sub-principles.CLO: other terms such as ‘substantive impact’ may
need defining in this context. Consider adding overarching principle that makes
sure that articulate the enshrined principles of the multi-stakeholder model
and input sought as part of policy discussions. Other statements may come in
that will add to this effort.

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