[WP2] slightly revised mission, commitments, core values for discussion later today

Wed Jul 22 16:13:16 UTC 2015

I agree with Robin and Becky - this kind of transparency is fundamental.

On 7/22/2015 5:06 PM, Robin Gross wrote:
> Indeed requiring explanations for all key decisions is critical to 
> ICANN's general accountability.  In the recent .africa case, the IRP 
> panel declared GAC should have provided a rationale for its objection 
> and that the board had a duty of diligence to examine that reason. 
>  These are fundamental concepts in good governance and absolutely 
> appropriate for enhancing ICANN's accountability to the public it serves.
>
> Robin
>
>
> On Jul 22, 2015, at 8:48 AM, Burr, Becky wrote:
>
>> Actually, I don’t think that it is too much to ask the GAC to provide 
>> a reason for its Advice.  It need not disclose truly private 
>> information – but without a basic explanation, how can ICANN enter 
>> into a reasonable discussion to arrive at a mutually agreeable 
>> solution?  And how can members of the community understand whether or 
>> not there is a way to address the GAC concerns.
>>
>>
>> J. Beckwith Burr
>>
>> *Neustar, Inc. /* Deputy General Counsel and Chief Privacy Officer
>>
>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>>
>> Office: + 1.202.533.2932  Mobile: +1.202.352.6367 / 
>> becky.burr at neustar.biz <mailto:becky.burr at neustar.biz> / 
>> www.neustar.biz <http://www.neustar.biz>
>>
>>
>> From: Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com 
>> <mailto:paul.rosenzweig at redbranchconsulting.com>>
>> Date: Wednesday, July 22, 2015 at 7:42 AM
>> To: "Mathieu.Weill at afnic.fr <mailto:Mathieu.Weill at afnic.fr>" 
>> <Mathieu.Weill at afnic.fr <mailto:Mathieu.Weill at afnic.fr>>, Becky Burr 
>> <becky.burr at neustar.biz <mailto:becky.burr at neustar.biz>>, 'Robin 
>> Gross' <robin at ipjustice.org <mailto:robin at ipjustice.org>>
>> Cc: "wp2 at icann.org <mailto:wp2 at icann.org>" <wp2 at icann.org 
>> <mailto:wp2 at icann.org>>
>> Subject: RE: [WP2] slightly revised mission, commitments, core values 
>> for discussion later today
>>
>> FWIW, I have been reflecting on the “with explanation” requirement in 
>> the second of these items below and I think I am increasingly 
>> somewhat sympathetic to those who oppose this requirement – 
>> especially in the GAC (for whom I generally have no great sympathy 
>> J).  Reflecting on public policy requirements I can at least imagine 
>> some plausible scenarios where a government (or many governments) 
>> might wish to avoid having to say publicly what they know to be true 
>> privately.  These can range from diplomatic reasons of creative 
>> ambiguity to perhaps even the possession of confidential information 
>> about an issue that is sufficient to raise concern, but not 
>> disclosable.   At least in situations where the recommendation is by 
>> a large consensus, we might be comfortable with the idea that the 
>> internal discipline of the advisory committee is sufficient.
>> As I said, I am not all the way there on this yet, given my general 
>> skepticism of unexplained decisionmaking, but even some colleagues in 
>> whom I repose some trust have suggested that explaining everything 
>> may be a bit of overkill.  Thoughts?
>> Paul
>> Paul Rosenzweig
>> paul.rosenzweig at redbranchconsulting.com 
>> <mailto:paul.rosenzweigesq at redbranchconsulting.com>
>> O: +1 (202) 547-0660
>> M: +1 (202) 329-9650
>> VOIP: +1 (202) 738-1739
>> Skype: paul.rosenzweig1066
>>
>> Link to my PGP Key 
>> <https://urldefense.proofpoint.com/v2/url?u=http-3A__www.redbranchconsulting.com_index.php-3Foption-3Dcom-5Fcontent-26view-3Darticle-26id-3D19-26Itemid-3D9&d=AwMFAw&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=QdR2C2NsA_zaHrigHjxzxPajAX1O54bDXJBzkeJEvrQ&s=PP63erk7JrvpRWCjYpYnUvudFkCytuKycAdCjfyNNyU&e=>
>>
>> *From:*Mathieu Weill [mailto:mathieu.weill at afnic.fr]
>> *Sent:* Wednesday, July 22, 2015 6:43 AM
>> *To:* Burr, Becky; Robin Gross
>> *Cc:* wp2 at icann.org <mailto:wp2 at icann.org>
>> *Subject:* Re: [WP2] slightly revised mission, commitments, core 
>> values for discussion later today
>> Dear WP2 colleagues,
>>
>> I want to thank all of you for trying very hard to find agreement on 
>> all these topics. I appreciate how everyone is keeping an open mind.
>>
>> I may have missed this in the discussions but what is the rationale 
>> for inserting the words "within their respective jurisdictions" in 
>> Core Value 7 (ex-11). I remember we had some pushback on this in Paris.
>>
>>
>>> While remaining rooted in the [private sector], including business 
>>> stakeholders, civil society, the technical community, and academia, 
>>> recognizing that governments and public authorities are responsible 
>>> for public policy _within their respective jurisdictions_ and duly 
>>> taking into account the public policy advice of governments and 
>>> public authorities
>>
>> The proposed addition in Article XI  of the sentence below is also 
>> attracting some pushback.
>>
>>> or where the Advisory Committee has not explained the specific 
>>> reason(s) for its advice.
>>
>> My personal view is that it may not be most appropriate to have this 
>> criteria in the same sentence and at the same level as "not exceeding 
>> the Mission".
>>
>> I also wonder whether we could find ATRT agreed language on the 
>> provision of rationales in support of advice. It seemed to me that 
>> these reviews had contributed to significant improvements in that 
>> regard and the use of "agreed language" often helps when time is short.
>>
>> Best,
>>
>> Le 21/07/2015 20:43, Burr, Becky a écrit :
>>> Whoops, apologies – will fix that in the discussion
>>> J. Beckwith Burr
>>> *Neustar, Inc. /* Deputy General Counsel and Chief Privacy Officer
>>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>>> Office: + 1.202.533.2932  Mobile: +1.202.352.6367 / 
>>> becky.burr at neustar.biz <mailto:becky.burr at neustar.biz> / 
>>> www.neustar.biz <http://www.neustar.biz/>
>>> *From: *Robin Gross <robin at ipjustice.org <mailto:robin at ipjustice.org>>
>>> *Date: *Tuesday, July 21, 2015 at 2:36 PM
>>> *To: *Becky Burr <becky.burr at neustar.biz 
>>> <mailto:becky.burr at neustar.biz>>
>>> *Cc: *"wp2 at icann.org <mailto:wp2 at icann.org>" <wp2 at icann.org 
>>> <mailto:wp2 at icann.org>>
>>> *Subject: *Re: [WP2] slightly revised mission, commitments, core 
>>> values for discussion later today
>>> Looks good - except it is missing the critical word of "not".  So it 
>>> should read:
>>> /[...] //ICANN shall have no authority to act or refrain from acting 
>>> in response to inputadvice from an Advisory Committee where such 
>>> advice would require ICANN to exceed its Mission or violate these 
>>> Bylaws or where the Advisory Committee has not explained the 
>>> specific reason(s) for its advice./
>>> Thank you,
>>> Robin
>>> On Jul 21, 2015, at 11:30 AM, Burr, Becky wrote:
>>>
>>>
>>>> J. Beckwith Burr
>>>> *Neustar, Inc. /* Deputy General Counsel and Chief Privacy Officer
>>>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>>>> Office: + 1.202.533.2932  Mobile: +1.202.352.6367 / 
>>>> becky.burr at neustar.biz <mailto:becky.burr at neustar.biz> / 
>>>> www.neustar.biz <http://www.neustar.biz/>
>>>> <7-21 Mission and Core Values 
>>>> V2.docx>_______________________________________________
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>>>
>>>
>>>
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>>
>>
>> -- 
>> *****************************
>> Mathieu WEILL
>> AFNIC - directeur général
>> Tél: +33 1 39 30 83 06
>> mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>
>> Twitter : @mathieuweill
>> *****************************
>
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-- 
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 (0)771 247 2987

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