[CCWG-ACCT] Cruz / NTIA: Time to Get Expert Advice

[Edward Morris]

Hello everybody,
  
  
 Some of the unknowns facing this group going forward are as much political 
in nature as they are substantive or procedural. Do we take the opinion and 
perspective of Senator Ted Cruz seriously? Is it a threat to the 
transition? Is there something that we can do to be responsive to the 
genuine concerns of Senator Cruz? Are his concerns genuine?
  
 What about the NTIA? The deference shown to Secretary Strickling among 
some of us here is almost Papal in nature. What did Larry say, how did 
Larry say it, what did he really mean when he said it but really didn't say 
it. It's a bit ridiculous. I admire Secretary Strickling. He's a fine civil 
servant. His published salary, though, is less than that of a first year 
associate from a decent law school at a mid sized corporate law firm. He is 
not the all mighty. Commerce and the NTIA are complex places. Larry has 
absolute control of neither.
  
 I've read here today a legal analysis of the Senator's Constitutional 
challenge by someone I know to be neither an American nor a lawyer. I can 
click both boxes and I have my views but am I sure I'm right? No. It seems 
everyone here has an opinion as to what the NTIA will or will not accept 
from us. Do any of us really know? No.
  
 Prior to the Los Angeles meeting it was suggested that we might want to 
hear from ICANN's lobbyists, that they could explain to us their version of 
political reality. We properly rejected that offer. I think we've reached 
the point, though, where we do need to call upon the expertise of some 
Washington political professionals to help guide us through this part of 
the process. No more guesswork by amateurs or  implied threats by those 
with some self-interest in the matter. We're talking about who is going to 
run a vital part of the most powerful communications technology in human 
history. We need to do this right. Fortunately, we've already retained two 
such individuals who, if we wish, have the expertise and ability to assist 
us in this area.
  
 Back in the early days of this project when we were all young, innocent 
and hopeful :)  we retained not one but two law firms to help guide us. In 
retrospect that decision and two firms we chose to hire were amongst the 
best decisions we've made in this CCWG. I have complete faith in our 
lawyers and that is a rarity for me. I note  that one of the specific 
reasons we hired Sidley was for their Washington ties and expertise. During 
our interviews with the firm we were able to meet two of their 
professionals with the greatest knowledge of DC and government operations : 
Cam Kerry ( http://www.sidley.com/people/cameron-f-kerry)  and Rick Boucher 
( http://www.sidley.com/people/rick-boucher ). Both men were extremely 
impressive.  It is time to tap their talents. We need serious advice in 
these areas from serious professionals.
  
 I would respectfully ask our Chairs and the full CCWG to consider inviting 
either Rick or Cam to Dublin to meet with the CCWG early in the week, 
preferably during the initial F2F. I think it's important that everyone has 
a chance to question them. We need this type of policy expertise from a 
politically  astute professional who owes a duty of care  to us, no one 
else, and whose rolodex allows him or her to reach out to those whose 
decisions will most impact our work. We need to know what political reality 
is if we are to maximise our potential as a very special and unique group 
dedicated to helping create a truly open and accountable governance 
mechanism for this small part of the networked world.
  
 Thanks for considering.
  
 Best,
  
 Ed Morris 

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