[CCWG-ACCT] Minority statements inclusion in report

[Andrew Sullivan]

On Tue, Dec 01, 2015 at 05:07:46PM +0000, Mueller, Milton L wrote:
> Andrew: if this argument is taken to its logical conclusion it means that we don't need a mission limitation at all. 

In principle, of course, one could indeed use only one mechanism to
prevent all abuses.  But we don't do that because it's better to try
to cut things off as early as possible.  The existing text does do
that, and all the hypothetical scenarios so far proposed are cases
where someone decides on purpose to try to misinterpret the plain
English meaning of what we've intended.  (It's of course possible that
when the actual bylaw text is written, something will be missing.  I
was assuming we were relying on ourselves to make sure that didn't
happen.)
 
> What you don't seem to understand is that in most, possibly all,
>cases, ICANN will stray from its mission not because of its board but
>because some stakeholder faction wants them to.

I understand that perfectly well.

> That stakeholder faction might be large enough to prevent a sacking
> of the board. It might even be a temporary majority. The point of
> having mission limitations is precisely this: to prevent capture by
> a long term or temporary majority that can expand the mission.

Yes, I agree, this is a risk.  I don't see how you make something that
is entirely resistant to this.  For instance, since we're talking
about hypothetical scenarios without any details, I can imagine a case
where a large enough majority shows up and can overturn this
fundamental bylaw too.  

> Rights violations occur often when majorities want to violate rights
>to address what they see at the time as a pressing problem.

Yes.  Like in all the "five eyes" countries today, every one of which
had laws on the books prohibiting the very actions the various
governments took.  It is the vigilence of the community and its
willingness to insist on good behaviour that will protect us, not
perfect rules.

Best regards,

A
-- 
Andrew Sullivan
ajs at anvilwalrusden.com