[CCWG-ACCT] Fwd: [CCWG-Advisors] question regarding Global Public Interest

[Greg Shatan]

I agree with Milton (and Alan).

Greg

On Friday, December 25, 2015, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> I find myself agreeing completely with Milton.
>
> Alan
> --
> Sent from my mobile. Please excuse brevity and typos.
>
> On December 25, 2015 8:46:35 PM EST, "Mueller, Milton L" <
> milton at gatech.edu <javascript:_e(%7B%7D,'cvml','milton at gatech.edu');>>
> wrote:
>>
>> MM: Thomas and all:
>>
>> I appreciate your pushback on the board’s comments, but I think it is not
>> helpful for the discussion to center on “definition of the global public
>> interest.”
>>
>> There is no definition, and even if we come up with some mutually
>> acceptable verbal construction of what is in “the global public interest”
>> there never will be easy agreement on how that definition is applied to
>> any particular issue we have.
>>
>> For example, we may all agree that it is in the GPI for ICANN to be
>> transparent, but still might disagree on finding the appropriate trade off
>> between inspection rights and administrative burdens.
>>
>> Let’s just accept the fact that the board has an interest in protecting
>> the corporation and will argue from that perspective, and the rest of us
>> have an interest in making the board accountable to the community and will
>> assess issues from that perspective.
>>
>> When (or if – because it has not formally done so yet) the board votes
>> that a particular recommendation is not in the GPI, let’s just interpret
>> that as meaning the board doesn’t like it and won’t voluntarily go along
>> with it. Then we have to decide whether to ignore that challenge and press
>> ahead, or not.
>>
>> Nothing in gained in that interaction by coming up with a verbal
>> definition of GPI. But a lot of time could be wasted in the attempt.
>>
>> --MM
>>
>>
>>
>>
>>
>> We have asked the Board to provide information on what definition of the
>> Global Public Interest it has used and what the rationale for their current
>> assessment of our recommendations is. The answer to that question is still
>> pending.
>>
>> However, we are reaching out to you now as we want to understand better
>> the impact of Global Public Interest as we continue to work on our final
>> recommendations. Our plan is to offer explanations in our final report
>> where we speak to the Global Public Interest and why we are of the opinion
>> that our recommendations in their final form are in the Global Public
>> Interest.
>>
>> We would therefore appreciate your input at your earliest convenience on
>>
>> 1.      suggested definition(s) of the Global Public Interest that our
>> group could use;
>>
>> 2. which of the recommendations in our 3rd report, if any, give raise
>> Global Public Interest concerns according to your assessment; and
>>
>> 3. how you suggest we can resolve the Global Public Interest issues,
>> which are identified.
>>
>> Thank you very much,  kind regards and a great holiday season,
>> Mathieu Weill, Léon Sanchez, Thomas Rickert
>>
>>
>>
>> Thomas Rickert
>>
>> *Rechtsanwalt*
>>
>> tel: +49.228.74 898.0
>> fax: +49.228.74 898.66
>> email: thomas at rickert.net
>> <javascript:_e(%7B%7D,'cvml','thomas at rickert.net');>
>> web: rickert.net
>>
>>
>>
>> [image: Image removed by sender. image]
>>
>> RICKERT Rechtsanwaltsgesellschaft m.b.H. (i.e. law firm)
>> Kaiserplatz 7 - 9, 53113 Bonn, Germany
>> HRB 9262, AG Bonn - GF/CEO: Thomas Rickert
>>
>>
>>
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>>
>>
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