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

Jorge.Cancio at bakom.admin.ch Jorge.Cancio at bakom.admin.ch
Thu Jul 23 06:25:16 UTC 2015


Probably there is more recent info which ICANN staff could perhaps make available...

best

Jorge Cancio

Von meinem iPhone gesendet

> Am 23.07.2015 um 05:29 schrieb Avri Doria <avri at acm.org>:
> 
> Hi,
> 
> 
> The Implementation report of 2 April, the last I know of,
> <https://www.icann.org/en/system/files/files/atrt2-recommendation-implementation-02apr15-en.pdf>
> 
> lists this as something that has not yet been done yet, though says some
> initial work has been done.
> 
> The The Working Group on GAC Working Methods (WGWM) is in charge of
> implementing this recommendation.
> 
> Individual Status
> 
>> Consider, decide on and implement initial steps to provide rationales
>> for GAC Advice
>> GAC WGWM
> listed as done.
> 
>> Consider, decide on and implement additional steps to provide
>> rationales for GAC Advice
>> GAC WGWM
>> Not yet decided
>> 
>> Improving the GAC register of advice
>> ICANN staff and ACIG
>> December 2015
>> 
>> Include in the advice register a record of how the ICANN Board
>> responded to each item of advice
>> ICANN staff and ACIG
>> June
>> 2016
> 
>> Developing and publishing rationales for GAC Advice at the time advice
>> is provided and recording rationales in the GAC register: The GAC
>> considers that the rationale for GAC Advice has been made clearer
>> through continuous improvements of the wording of the Communiqué
>> itself. The GAC also notes that other initiatives, such as opening GAC
>> sessions to non-members and holding GAC Open Forum sessions, help to
>> explain GAC advice. In fact, the GAC considering holding the regular
>> open forums after the Communiqué is released to explain to the rest of
>> the ICANN community how and why the GAC agreed on its recommendations.
> 
>> Note: If the GAC decides to implement this recommendation as written,
>> it will then consider what further steps the GAC will take to provide
>> more detailed rationale for its advice.
> 
> avri
> 
>> On 22-Jul-15 18:44, Burr, Becky wrote:
>> Here is what ATRT2 recommendation 6.3 says about GAC Advice:  "ATRT2
>> recommends that the Board work jointly with the GAC, through the BGRI,
>> to facilitate the GAC developing and publishing rationales for GAC
>> Advice at the time Advice is provided. Such rationales should be
>> recorded in the 5 GAC register. The register should also include a
>> record of how the ICANN Board responded to each item of advice.”
>> 
>> I can’t even find the status of implementation of this recommendation
>> on a scorecard.  Avri, do you know what it’s status is.  Honestly, I
>> am very eager to accommodate the GAC but this seems so fundamental –
>> and it is meant to apply to all Advisory Groups.
>> 
>> 
>> 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
>> 
>> 
>> From: Matthew Shears <mshears at cdt.org <mailto:mshears at cdt.org>>
>> Date: Wednesday, July 22, 2015 at 12:13 PM
>> To: Robin Gross <robin at ipjustice.org <mailto:robin at ipjustice.org>>,
>> 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
>> 
>> 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" <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" <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
>>>> <mailto:paul.rosenzweigesq at redbranchconsulting.com>paul.rosenzweig 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 / 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>
>>>>> *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 / www.neustar.biz
>>>>>> <7-21 Mission and Core Values
>>>>>> V2.docx>_______________________________________________
>>>>>> WP2 mailing list
>>>>>> WP2 at icann.org <mailto:WP2 at icann.org>
>>>>>> https://mm.icann.org/mailman/listinfo/wp2
>>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_wp2&d=AwMFAw&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=QdR2C2NsA_zaHrigHjxzxPajAX1O54bDXJBzkeJEvrQ&s=cikIxfFi2RCxlG6v79P01rRdz5RE-Vk-az7lyopa0FQ&e=>
>>>>> 
>>>>> 
>>>>> 
>>>>> 
>>>>> _______________________________________________
>>>>> WP2 mailing list
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>>>>> https://mm.icann.org/mailman/listinfo/wp2 <https://urldefense.proofpoint.com/v2/url?u=https-3A__mm.icann.org_mailman_listinfo_wp2&d=AwMFAw&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=QdR2C2NsA_zaHrigHjxzxPajAX1O54bDXJBzkeJEvrQ&s=cikIxfFi2RCxlG6v79P01rRdz5RE-Vk-az7lyopa0FQ&e=>
>>>> 
>>>> 
>>>> -- 
>>>> *****************************
>>>> 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
>>>> *****************************
>>> 
>>> 
>>> 
>>> _______________________________________________
>>> WP2 mailing list
>>> WP2 at icann.orghttps://mm.icann.org/mailman/listinfo/wp2
>> 
>> -- 
>> Matthew Shears
>> Global Internet Policy and Human Rights
>> Center for Democracy & Technology (CDT)
>> + 44 (0)771 247 2987
>> 
>> 
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> 
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