[CCWG-ACCT] Creative solutions for Rec.11

Kavouss Arasteh kavouss.arasteh at gmail.com
Sun Jan 31 21:45:51 UTC 2016


Dear Grec, Dear Milton
Dear All,
Your analysis is an exageration of the situation.
I do not share your views that GAC is editor of GNSO.This type of analysis
is provocative and helpless.
What I said and repeating now is ,any such discussion is outside the
mandate and terms of refernce of CCWG.
Regards
Kavouss

2016-01-31 22:26 GMT+01:00 Avri Doria <avri at acm.org>:

> Hi,
>
> One thing to note on this is that the Board has lately been coming back
> to the GNSO while doing its advice considerations.   While the process
> long allowed for it, until recently the Board did not consult with the
> GNSO while going through its negotiations with the GAC, or anyone else
> for that matter.  Now it does.  The GNSO has even initiated new
> recommendation and advice procedures for dealing with such requests for
> clarification and possibly change from the Board.
>
> So while very true in the past, it should no longer be the case that the
> GNSO recommendations are subordinated to the GAC advice.  As currently
> practiced, the GNSO will have a voice in those discussions. Add to that
> the beginnings of the GAC and GAC members' increasing participation in
> the PDP working groups and we should have an improved situation that
> removes the feeling of the GNSO being subordinate to the GAC.
>
> avri
>
> On 31-Jan-16 15:52, Greg Shatan wrote:
> > I think a reason the GNSO is (or appears to be) subordinate to the GAC
> > is that the GAC comes to the Board with its advice on GNSO
> > recommendations after the GNSO has gone through months (or more
> > likely, years) of work on its recommendations.  The GAC then advises
> > the Board on how the GNSO recommendations should be modified.  If the
> > Board doesn't agree, it then communes with the GAC to work things out,
> > a discussion that the GNSO is rarely invited to.
> >
> > In a sense, the GAC gets to be the "editor" of the GNSO, but not vice
> > versa.  If GAC advice becomes harder to reject, the corollary is that
> > it becomes easier for the GAC to edit (or even "overrule") the GNSO.
> >
> > The improvements in cooperation between the GAC and the GNSO, and the
> > increase in GAC member participation in both CCWGs and gTLD policy
> > recommendation processes, are likely to result in less advice by the
> > GAC that modifies GNSO or cross-community policy recommendations.
> >
> > Of course, there is always the danger of the "second bite"; if the GAC
> > is not aligned with the consensus position in a policy recommendation
> > outcome, it can turn its viewpoint into "GAC advice" and achieve its
> > result that way.  The more GAC participates in the process of
> > developing recommendations, including the building of consensus, the
> > more glaring second bite attempts will be.  The GAC is alone in this
> > power.  No other SO/AC has quite this ability.  An SO (or part
> > thereof) and ALAC would need to resort to RfR/IRP or Empowered
> > Community mechanisms to get a second bite.  Arguably, SSAC and RSSAC
> > would have this ability, but it is constrained by each AC's narrow
> > technical mission.
> >
> > I think this is all part of the undercurrent of these discussions.
> > Terms like "subordinate" are probably too crude and pejorative to be
> > of much use in discussing these issues.  But the issues exist.
> >
> > Greg
> >
> > On Sat, Jan 30, 2016 at 6:53 PM, Kavouss Arasteh
> > <kavouss.arasteh at gmail.com <mailto:kavouss.arasteh at gmail.com>> wrote:
> >
> >     Milton
> >     Pls kindly do not judge other of not understanding  the issue.
> >     I fulléy understand the case.
> >     Malcolm wants to modify the current structure and functions of
> >     ICANN whether in your views GNSO is or is not sub ordinate of GAC
> >     ( WHICH i DO NOT BELIEVE SO ) .
> >     What I said was the proposal of Malcolm ,while quite positive was
> >     irelevant to the work we are doing ( accountability ) as it dioes
> >     propose restructuring with which I categorically object since it
> >     is outside of our mandate.
> >     Pls respect others
> >     Tks
> >     BEST REGARDS MY DEAR PROFESSOR
> >
> >
> >     2016-01-30 23:56 GMT+01:00 <Jorge.Cancio at bakom.admin.ch
> >     <mailto:Jorge.Cancio at bakom.admin.ch>>:
> >
> >         Dear Paul
> >
> >         I feel that the consensus requirement was accepted in Dublin
> >         as another element of the GAC position agreed then (together
> >         with the 2/3 and other elements).
> >
> >         And as you know we actively participate in discussions and
> >         contribute to common ground proposals as much as wecan.
> >
> >         regards
> >
> >         Jorge
> >
> >         Von meinem iPhone gesendet
> >
> >         > Am 30.01.2016 um 23:15 schrieb Paul Rosenzweig
> >         <paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>>:
> >         >
> >         > Sure Jorge
> >         >
> >         > I'll happily agree with you that everyone who spoke to the
> >         issue of the
> >         > 2/3rd vote that was a government (as opposed to the rest of
> >         the community)
> >         > supported it.
> >         >
> >         > In return, ought you not to acknowledge that the entire
> >         opposition to the
> >         > full consensus/ST18 proposal is exactly 5 countries?  Nobody
> >         outside the GAC
> >         > affirmatively supports less than full consensus and many
> >         (most notably the
> >         > gNSO) actively opposes it.  Ought you not to acknowledge
> >         that the tiny
> >         > minority of 5 dissenters is who is blocking consensus on
> >         that aspect of the
> >         > issue?
> >         >
> >         > And, since we are asking questions -- why didn't the
> >         government of
> >         > Switzerland submit comments?
> >         >
> >         > Paul
> >         >
> >         > Paul Rosenzweig
> >         > paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>
> >         > O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660>
> >         > M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650>
> >         > VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739>
> >         > Skype: paul.rosenzweig1066
> >         > Link to my PGP Key
> >         >
> >         >
> >         > -----Original Message-----
> >         > From: Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>
> >         [mailto:Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>]
> >         > Sent: Saturday, January 30, 2016 4:40 PM
> >         > To: paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>
> >         > Cc: egmorris1 at toast.net <mailto:egmorris1 at toast.net>;
> >         accountability-cross-community at icann.org
> >         <mailto:accountability-cross-community at icann.org>
> >         > Subject: Re: [CCWG-ACCT] Creative solutions for Rec.11
> >         >
> >         > Dear Paul
> >         >
> >         > As I said I cannot and would not dare to speak for the GAC.
> >         >
> >         > But in any group where expressing one's opinion is not
> >         compulsory, normally
> >         > a majority does remain silent and those with a strong
> >         sentiment speak out,
> >         > factually "representing" in some way the main currents of
> >         thought in such a
> >         > group.
> >         >
> >         > I guess this happens all across the board and in all
> >         constituencies, as it
> >         > happens in our CCWG, where some of us (to varying degrees)
> >         cope a lot of the
> >         > conversations while the majority of the +150 (?) members and
> >         participants
> >         > are normally silent.
> >         >
> >         > So, I guess that based on this "voluntary" principle the
> >         data you mention on
> >         > the 2/3 element is significant, at least in showing that
> >         there seems not to
> >         > be any government considering that threshold as something
> >         they should object
> >         > (quite to the contrary it seems). And of the governments
> >         which participated
> >         > there is quite an interesting variety in regional terms.
> >         >
> >         > best regards
> >         >
> >         > Jorge
> >         >
> >         > Von meinem iPhone gesendet
> >         >
> >         >>> Am 30.01.2016 um 22:14 schrieb Paul Rosenzweig
> >         >> <paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>>:
> >         >>
> >         >> Jorge
> >         >>
> >         >> I took you up on the implicit challenge and have just spent
> >         an hour
> >         > happily
> >         >> reading all of the government comments on CCWG-A Third
> >         Draft.    I may
> >         > have
> >         >> missed a comment, but I don't think so.
> >         >>
> >         >> I can happily report the following to the community:
> >         >>
> >         >> 15 governments commented on the Third Draft report.  Of
> >         those 14
> >         >> addressed Rec 11 and 7 also addressed Rec 1.  One
> >         government (Italy)
> >         >> addressed only Rec 2.
> >         >>
> >         >> Of the 7 who addressed Rec 1:  4 governments supported GAC
> >         voting in
> >         >> the EC (Brazil, Argentina, Japan, and NZ) though two (Japan
> >         and NZ)
> >         >> expressed caution about this.  Two governments said GAC
> >         should be
> >         >> advisory only
> >         >> (Ireland/Denmark) and one (UK) said that the decision
> >         should be up to
> >         >> the GAC.
> >         >>
> >         >> Of the 14 who addressed Rec 11:
> >         >>       -- All who spoke to the issue supported the 2/3rd vote
> >         >> rejection rule.  Some were silent
> >         >>       -- Eight governments  supported the current full
> >         consensus rule
> >         >> (Australia, NZ, UK, Japan, Sweden, Ireland, Canada, and
> >         Denmark); five
> >         >> opposed it (Brazil, France, Argentina, Portugal, India);
> >         one (Norway)
> >         >> noted lack of GAC consensus.
> >         >>
> >         >> So my assessment is that a very small sample of 6
> >         governments splits
> >         >> 2-1 in favor of a GAC voting role in the EC and a somewhat
> >         larger
> >         >> sample of 13 governments splits 8-5 in favor of ST18 and
> >         full consensus.
> >         >>
> >         >> To be honest, I think that doesn't tell us much.  There are
> 153
> >         >> governments in the GAC.  A sample of 10% probably says
> >         nothing about
> >         >> sentiment in that body.  Nonetheless the data speak for
> >         themselves at
> >         > least as far as they go.
> >         >>
> >         >> Paul
> >         >>
> >         >> Paul Rosenzweig
> >         >> paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>
> >         >> O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660>
> >         >> M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650>
> >         >> VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739>
> >         >> Skype: paul.rosenzweig1066
> >         >> Link to my PGP Key
> >         >>
> >         >>
> >         >>
> >         >> -----Original Message-----
> >         >> From: Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>
> >         [mailto:Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>]
> >         >> Sent: Saturday, January 30, 2016 3:04 PM
> >         >> To: egmorris1 at toast.net <mailto:egmorris1 at toast.net>
> >         >> Cc: paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>;
> >         >> accountability-cross-community at icann.org
> >         <mailto:accountability-cross-community at icann.org>
> >         >> Subject: Re: [CCWG-ACCT] Creative solutions for Rec.11
> >         >>
> >         >> Hi Ed
> >         >>
> >         >> I don't know the numbers by heart, but I'll guess they are
> >         on the
> >         >> public comment sheet produced by staff (actually I just saw
> >         in their
> >         >> ppt that out of 90 comments 17% come from govts).
> >         >>
> >         >> But let's not go down that road: if we count who
> >         participates and
> >         >> extend it to other constituencies we will also see the
> >         "same faces" all
> >         > over again:
> >         >> that is a consequence of the principle of voluntary
> >         participation.
> >         >>
> >         >> In the GAC this is "compensated" with our voluntary high
> >         consensus
> >         >> threshold which requires to include any interested
> >         delegation into a
> >         > consensus.
> >         >>
> >         >> regards
> >         >> Jorge
> >         >>
> >         >> Von meinem iPhone gesendet
> >         >>
> >         >>> Am 30.01.2016 um 20:54 schrieb Edward Morris
> >         <egmorris1 at toast.net <mailto:egmorris1 at toast.net>>:
> >         >>>
> >         >>> Hi Jorge,
> >         >>>
> >         >>> Thanks for this.
> >         >>>
> >         >>> I believe the GAC has around 140 members, give or take a
> >         few. As
> >         >>> you've
> >         >> gone through all the public comments filed by governments
> >         would be so
> >         >> kind as to us know how many governments actually filed
> >         public comments
> >         >> and what percentage of GAC membership that represents?
> >         >>>
> >         >>> Thanks,
> >         >>>
> >         >>> Ed Morris
> >         >>>
> >         >>> Sent from my iPhone
> >         >>>
> >         >>>> On 30 Jan 2016, at 19:46, <Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>>
> >         >> <Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>> wrote:
> >         >>>>
> >         >>>> Dear Paul
> >         >>>>
> >         >>>> I cannot speak for the GAC of course, but the last
> >         consensus input
> >         >>>> on
> >         >> ST18 we had was the Dublin Communique.
> >         >>>>
> >         >>>> The subsequent Rec 11 did not satisfy some governments,
> >         as they
> >         >>>> basically
> >         >> thought that it did not comply with the "autonomy in defining
> >         >> consensus"-element agreed in Dublin.
> >         >>>>
> >         >>>> This may be checked with the comments filed in the third
> >         public
> >         >>>> comment
> >         >> period on the third draft report by governments.
> >         >>>>
> >         >>>> I think I have gone through all public comments filed by
> >         governments
> >         >>>> and
> >         >> I'm not aware of any position rejecting or objecting to Rec
> >         11 because
> >         >> it would consider that it went "too far" i.e. because they
> >         would
> >         >> actively disagree with the 2/3.
> >         >>>>
> >         >>>> Other colleagues may of course correct and/or complement
> >         me if I
> >         >>>> have
> >         >> missed something.
> >         >>>>
> >         >>>> regards
> >         >>>>
> >         >>>> Jorge
> >         >>>>
> >         >>>> Von meinem iPhone gesendet
> >         >>>>
> >         >>>>> Am 30.01.2016 um 20:19 schrieb Paul Rosenzweig
> >         >> <paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>>:
> >         >>>>>
> >         >>>>> May I ask a question -- is the GAC willing to disclose
> >         the current
> >         >>>>> split of opinion within the GAC regarding Rec 11?
> >         >>>>>
> >         >>>>> The last we heard was that the GAC had not reached
> >         consensus on the
> >         >>>>> question.  One infers (I think infer is actually too
> >         soft a word
> >         >>>>> but I use it to be certain I am not overstating the
> >         case) that some
> >         >>>>> members of the GAC support Rec 11 as written and some do
> >         not.  One
> >         >>>>> also suspects (though here I am less certain) that some
> >         of the GAC
> >         >>>>> members oppose Rec 11 because it does not go far enough
> >         (they want
> >         >>>>> Rec 11 plus more (e.g. removal of the consensus
> >         >>>>> language)) while others do not support Rec 11 because it
> >         goes too
> >         >>>>> far (they would be content with a majority requirement and
> >         >>>>> enshrining the status quo consensus rule in the bylaws).
> >         >>>>>
> >         >>>>> One of the issues we have with the GAC is that unlike
> >         the other
> >         >>>>> SO/ACs it is uniquely non-transparent.  That means that
> >         the voices
> >         >>>>> in our discussion that are the most frequent can be
> >         thought to
> >         >>>>> represent the GAC majority.  Perhaps they are. Yet every
> >         time some
> >         >>>>> of the less frequent voices from GAC speak in this forum
> >         they seem
> >         >>>>> much less strident and committed than do the more frequent
> >         >>>>> participants
> >         >> in our discussion.
> >         >>>>>
> >         >>>>> I fear that the result of this is that we are
> >         misperceiving the
> >         >>>>> GAC's true intentions, or more accurately, misperceiving
> >         the actual
> >         >>>>> split of opinion within the GAC.  To be honest, if, in
> >         fact, it
> >         >>>>> were the case that every country in the world save my
> >         own were
> >         >>>>> supporting Rec 11, I would be more inclined to relinquish
> my
> >         >>>>> objection.  But my strong suspicion is that this is not
> >         the case.
> >         >>>>>
> >         >>>>> Put another way, some have recently said we are
> >         "disrespecting" the
> >         >>>>> GAC or ignoring its wishes.  But, as of now its wishes are
> >         >>>>> radically unclear -- all it says is "we have not reached
> >         >>>>> consensus."  In the interests of clarifying the nature
> >         of that lack
> >         >>>>> of consensus, would the GAC be willing to disclose its
> >         assessment
> >         >>>>> of the relative support for Rec 11 and the relative
> >         support for
> >         > objections thereto?
> >         >>>>>
> >         >>>>> Paul
> >         >>>>>
> >         >>>>> Paul Rosenzweig
> >         >>>>> paul.rosenzweig at redbranchconsulting.com
> >         <mailto:paul.rosenzweig at redbranchconsulting.com>
> >         >>>>> O: +1 (202) 547-0660 <tel:%2B1%20%28202%29%20547-0660>
> >         >>>>> M: +1 (202) 329-9650 <tel:%2B1%20%28202%29%20329-9650>
> >         >>>>> VOIP: +1 (202) 738-1739 <tel:%2B1%20%28202%29%20738-1739>
> >         >>>>> Skype: paul.rosenzweig1066
> >         >>>>> Link to my PGP Key
> >         >>>>>
> >         >>>>>
> >         >>>>>
> >         >>>>> -----Original Message-----
> >         >>>>> From: Mueller, Milton L [mailto:milton at gatech.edu
> >         <mailto:milton at gatech.edu>]
> >         >>>>> Sent: Saturday, January 30, 2016 1:50 PM
> >         >>>>> To: Malcolm Hutty <malcolm at linx.net
> >         <mailto:malcolm at linx.net>>; Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>;
> >         >>>>> kdrazek at verisign.com <mailto:kdrazek at verisign.com>
> >         >>>>> Cc: accountability-cross-community at icann.org
> >         <mailto:accountability-cross-community at icann.org>
> >         >>>>> Subject: Re: [CCWG-ACCT] Creative solutions for Rec.11
> >         >>>>>
> >         >>>>> I'm sorry, Malcolm, but this is a bit too "creative."
> >         >>>>>
> >         >>>>> You are proposing to restructure the entire ICANN policy
> >         process
> >         >>>>> and to alter in a fairly fundamental way the
> >         relationship between
> >         >>>>> GNSO and
> >         >> the GAC.
> >         >>>>> There is a lot of merit in your idea as a general
> procedural
> >         >>>>> reform, but the point of this exercise is to create
> >         accountability
> >         >>>>> mechanisms that substitute for the oversight of the USG,
> >         not to
> >         >>>>> alter the policy development process or to redesign all
> >         of ICANN.
> >         >>>>>
> >         >>>>> I think Ed Morris's message was a more positive
> >         contribution that
> >         >>>>> points the way toward a solution.
> >         >>>>> The problem is not the 2/3 threshold in isolation, the
> >         problem is
> >         >>>>> that certain aspects of the CCWG 3rd draft, when looked
> >         at in
> >         >>>>> combination, are changing the role of the GAC in ways
> >         greatly
> >         >>>>> expand its power over the policy process, because they
> >         retain and
> >         >>>>> strengthen the privileges of its old role while also
> >         changing its
> >         >>>>> role by making it a part of the community mechanism.
> >         >>>>>
> >         >>>>> I agree with Ed: if GAC is not part of the community
> >         mechanism,
> >         >>>>> and/or is not exempted from the same reviews as other
> >         ACs and SOs,
> >         >>>>> then the 2/3 threshold becomes much less of an issue.
> >         >>>>>
> >         >>>>> I agree with Becky's more modest proposal: if GAC is
> >         removed from
> >         >>>>> the community mechanism appeals that pertain to whether
> >         the board
> >         >>>>> follows GAC advice, then there is less worry about
> >         raising the
> >         >>>>> threshold for board rejection of GAC advice.
> >         >>>>>
> >         >>>>> I think we need to start from those propositions, not start
> >         >>>>> redesigning the policy process.
> >         >>>>>
> >         >>>>> --MM
> >         >>>>>
> >         >>>>>> -----Original Message-----
> >         >>>>>> From: accountability-cross-community-bounces at icann.org
> >         <mailto:accountability-cross-community-bounces at icann.org>
> >         >>>>>>
> >         [mailto:accountability-cross-community-bounces at icann.org
> >         <mailto:accountability-cross-community-bounces at icann.org>] On
> >         >>>>>> Behalf Of Malcolm Hutty
> >         >>>>>> Sent: Saturday, January 30, 2016 4:50 AM
> >         >>>>>> To: Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch>; kdrazek at verisign.com
> >         <mailto:kdrazek at verisign.com>
> >         >>>>>> Cc: accountability-cross-community at icann.org
> >         <mailto:accountability-cross-community at icann.org>
> >         >>>>>> Subject: Re: [CCWG-ACCT] Creative solutions for Rec.11
> >         >>>>>>
> >         >>>>>>> On 29/01/2016 21:24, Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch> wrote:
> >         >>>>>>> it is a bit akward you would need to concede that you
> >         imply that
> >         >>>>>>> without the 2/3 the GNSO would be able to support Rec 11.
> >         >>>>>>>
> >         >>>>>>> It gives an impression as if Rec 11 (without 2/3)
> >         would contain
> >         >>>>>>> anything "that would need to be accepted", when as we
> >         all know
> >         >>>>>>> Rec
> >         >>>>>>> 11 (without 2/3) corresponds to 100% of the GNSO
> >         starting position.
> >         >>>>>>>
> >         >>>>>>> So there would be any concession. No aspect "in need
> >         to be accepted".
> >         >>>>>>>
> >         >>>>>>> Just a 100% win-situation for the GNSO.
> >         >>>>>>
> >         >>>>>>
> >         >>>>>>> On 29/01/2016 22:01, Jorge.Cancio at bakom.admin.ch
> >         <mailto:Jorge.Cancio at bakom.admin.ch> wrote:
> >         >>>>>>> I feel that at this critical juncture we all have to
> >         keep the
> >         >>>>>>> whole picture in our heads, be creative (as Becky for
> >         instance)
> >         >>>>>>> and look for a solution which may be acceptable across
> the
> >         >>>>>>> community
> >         >> as a whole.
> >         >>>>>>
> >         >>>>>> The 2/3 rule is evidently unacceptable to the GNSO.
> >         >>>>>>
> >         >>>>>> Without that rule, Rec.11 would (it seems) be
> >         acceptable to them.
> >         >>>>>> Jorge says "But this is their starting position, it
> >         would mean a
> >         >>>>>> 100% win-situation for the GNSO". I might observe that
> >         the logic
> >         >>>>>> of that seems to be that GNSO ought to have come to
> >         CCWG with a
> >         >>>>>> more extreme initial position, so that it could settle
> >         on what it
> >         >>>>>> really
> >         >> wanted.
> >         >>>>>> Perhaps it will learn to adapt its negotiating tactics.
> >         >>>>>>
> >         >>>>>> However, I do agree with Jorge: we need to try to
> >         respect the need
> >         >>>>>> for all parties to be seen to gain improvements from
> >         our changes.
> >         >>>>>> I would therefore like us to take up his challenge to
> >         "be creative"
> >         >>>>>> in an attempt to find a solution.
> >         >>>>>>
> >         >>>>>> Let us consider what the 2/3 rule attempts:
> >         >>>>>>
> >         >>>>>> - from a government point of view, it provides an
> >         assurance that
> >         >>>>>> GAC advice will be given greater weight, affirming the
> >         importance
> >         >>>>>> of
> >         >>>>> government input.
> >         >>>>>> Such an assurance is necessary to them.
> >         >>>>>>
> >         >>>>>> - from a GNSO point of view, it ensures that the Board
> will
> >         >>>>>> automatically follow GAC advice (except in very unusual
> >         >>>>>> circumstances) transforming ICANN into a body which is
> >         led by
> >         >>>>>> government policy. Such a transformation is
> >         unacceptable to them.
> >         >>>>>>
> >         >>>>>> With GNSO opposition, I believe we must accept that the
> >         2/3 rule
> >         >>>>>> is dead. But taking up Jorge's challenge, we must
> >         replace it not
> >         >>>>>> with nothing, but with something creative that would
> >         offer in its
> >         >>>>>> place the assurance to governments the 2/3 rule seeks
> >         to achieve,
> >         >>>>>> without creating the transformation that the GNSO opposes.
> >         >>>>>>
> >         >>>>>> I think it would be useful if people come forward with
> >         ideas for
> >         >>>>>> strengthening the input of governments without
> >         overbalancing the
> >         >>>>>> decision-making process as the 2/3 rule does.
> >         >>>>>>
> >         >>>>>> I would therefore like to make the following suggestion
> >         of my own:
> >         >>>>>>
> >         >>>>>> * Remove the 2/3 rule; and
> >         >>>>>> * Provide that when providing advice on GNSO policy,
> >         GAC advice is
> >         >>>>>> given directly to the GNSO (during the PDP) instead of
> >         to the
> >         >>>>>> Board, (after the community consensus policy is
> >         finalised and
> >         >>>>>> ready to be
> >         >>>>> ratified).
> >         >>>>>> Require that the GNSO consider any such GAC advice
> >         before adopting
> >         >>>>>> a PDP policy. (This is conceptual: lawyers can wordsmith).
> >         >>>>>>
> >         >>>>>> The advantages of this proposal, as I see them, are as
> >         follows:
> >         >>>>>>
> >         >>>>>> - By accepting GAC advice into an earlier stage of the
> >         process, it
> >         >>>>>> will be possible to incorporate it into the design of
> >         the policy,
> >         >>>>>> rather than tacking it on as an adjunct. GAC advice
> >         will therefore
> >         >>>>>> be more effective and the ultimate outcome more likely
> >         to reflect
> >         >>>>>> GAC
> >         >>>>> expectations than at present.
> >         >>>>>>
> >         >>>>>> - By incorporating the fruits of GAC advice into the
> >         community
> >         >>>>>> proposal, it will also benefit from the rule that the
> >         Board is
> >         >>>>>> expected to accept GNSO community consensus policy
> >         proposals, and
> >         >>>>>> can only reject them by
> >         >>>>>> 2/3 supermajority.
> >         >>>>>>
> >         >>>>>> - By including the GAC in the policy-development process
> we
> >         >>>>>> strengthen the GAC's role as a part of our community,
> >         reducing the
> >         >> "them and us"
> >         >>>>>> tensions and helping to ensure that GAC concerns are
> >         given full
> >         >>>>>> respect at every level of the organisation.
> >         >>>>>>
> >         >>>>>> Most importantly, this suggestions aims to strengthen
> >         the GAC's
> >         >>>>>> role in a manner that also strengthens the
> >         multi-stakeholder
> >         >>>>>> policy development process, rather than standing in
> >         tension with
> >         >>>>>> it. It can therefore be seen not as a zero-sum
> >         compromise but a
> >         >>>>>> true win-win
> >         >>>>> solution.
> >         >>>>>>
> >         >>>>>> I look forward to your thoughts,
> >         >>>>>>
> >         >>>>>> Malcolm.
> >         >>>>>>
> >         >>>>>> --
> >         >>>>>>       Malcolm Hutty | tel: +44 20 7645 3523
> >         <tel:%2B44%2020%207645%203523> Head of Public
> >         >>>>>> Affairs | Read the LINX Public Affairs blog  London
> >         Internet
> >         >>>>>> Exchange | http://publicaffairs.linx.net/
> >         >>>>>>
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> >         >>>>>>
> >         >>>>>>
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