[WP2] this is the current text of the Mission Commitments and Core Values language

[Malcolm Hutty]

On 23/07/2015 13:25, Perez Galindo, Rafael wrote:
> 
> I would like to again raise a strong concern on the proposed language
> establishing a general prohibition on ICANN acting on any advice of any
> advisory committee that would require ICANN to exceed its mission or
> violate its bylaws. 
> 
>  
> 
> Managing the Internet system of unique identifiers in the public
> interest is the first and foremost mission of ICANN (sections 2 and 3 of
> the AoC and sections 3 and 4 of the AoI). On their part, governments are
> responsible for public policy and obliged to protect the general public
> interest (ICANN Bylaws Article I Section 2.11, Tunis Agenda para 68 and
> 69, and page 6 of the Net Mundial Statement). It is the GAC who brings
> the public policy perspective into ICANN. 
> 
>  
> 
> The “global public interest” in ICANN’s context concerns not only the
> operational stability of the Internet. That is an essential issue, but
> there are more aspects to the many public interest issues actually
> encompassed by ICANN’s actions and policies. For instance, other
> important issues that go beyond the technical stability, such as
> intellectual property rights protection, privacy and law enforcement,
> cyber bullying, Public Interest Commitments regarding new gTLD, highly
> regulated sectors, and human rights, are at stake because they have an
> inherent impact on global public interest, and therefore can be subject
> to GAC’s Advice. 

Dear Rafael,

I agree with everything you have written above.

> In conclusion, GAC Advice should not be restricted to
> ICANN’s Bylaws.

However I do not understand there to be a connection between that and
this statement.

ICANN's Mission is not limited exclusively to those matters that impinge
on the operational stability of the Internet.  Its Mission is much more
wide-ranging. It would be confusing if I quoted the entire Mission text
here (it is available on our wiki) but, for example, the Mission
regarding the development of DNS policy extends to cover

"In this role, with respect to domain names, ICANN’s Mission is to
coordinate the development and implementation of policy policies:

-  for which uniform or coordinated resolution is reasonably necessary
to facilitate the openness, interoperability, resilience, security
and/or stability of the DNS ; and

-  that are developed through a bottom-up, consensus-based
multistakeholder process and  that is designed to ensure the stable and
secure operation of the Internet’s unique names systems, "

Accordingly, there is much that ICANN can do within its Mission to
address public policy concerns, well beyond operational stability.

At the same time, it is not ICANN's role to be some form of global
government for the Internet, so naturally its Mission does not extend as
broadly as a government's does.  It would therefore be a serious mistake
to view ICANN as the sole instrument for carrying out all the public
policy objectives of governments for the Internet.

We should ensure that, within those things that ICANN is supposed to do,
the choices that it makes take proper account of public policy
interests. But we must not allow that to redefine the scope of the
activities ICANN should engage in.

This view is not only the view of this community. Many
inter-governmental statements, including the Tunis agenda, have also
said that in a multistakeholder environment all parties should act
according to their respective roles. Limiting ICANN's activities to
those that fall within its Mission is entirely consistent with and
required to give effect to that intent.


> 
> This is without prejudice to the Board accepting or turning down GAC
> Advice.
> 
> Hence, we oppose this new proposal or any new one that restricts GACs
> scope, sets boundaries to the Advice it may give, or refrains it from
> exercising its role of protection of public interest in ICANN’s
> multistakeholder environment.
> 

We are trying to be very clear that we do not intend to restrict GAC
Advice in any way, nor to limit the advice of individual governments nor
any other party. Any government should be free to raise any matter they
deem relevant. At the same time, if the instruction to ICANN that it
must have a limited Mission is to have any weight, the ICANN Board must
not follow any advice to act outside the Mission.


Respectfully,

Malcolm Hutty.

-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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