[CCWG-ACCT] CCWG-Accountability - Draft Comment for Public Consultation on Articles of Incorporation (AOC)

Wed Jul 13 12:46:29 UTC 2016

Hi,

I think I disagree.  I think the understanding of ICANN's position on
the global interest always depends on the bottom-up multistakeholder
understanding of that public interest within the confines of its
mission.  I think that we can define a framework that helps us discover
the public interest within the context of a particular issue and the
mission.  A set of principles, beyond those at the highest level, seem
to be a holy grail that we can search for but that will continue to
elude us.  On the other hand it will always also be necessary to measure
our understanding of the public interest in policies and behavior with
regard to our commitment to the mission and to the impact on the
fundamental human rights we plan to respect.

Essentially understanding the public interest can only work if we see it
as a continual process of discovery and bottom-up policy development
according to ever improving bottom-up multistakeholder process.

avri

On 13-Jul-16 05:48, Dr. Mona Al-achkar JAbbour wrote:
> I confirm Tijami.
> Without clear concepts and principles, there is no chance for a
>  "Global Public Interest".
>
> Despite the fact that “public interest “ is a general broad term, it
> is always decided upon weighing expected gains and potential losses
> associated with a decision or a policy.
>
> Hence, besides defining principles and concepts, there is a need, to
> have an independent party who can have a say, on what is the “global
> public internet” in issues related to ICANN’s decisions and policies.
>
> Sincerely
>
> Mona
>
>
> ------------------------------------------------------------------------
> From: tijani.benjemaa at topnet.tn
> Date: Sun, 10 Jul 2016 19:22:31 +0100
> To: sam at lanfranco.net
> CC: thomas at rickert.net; accountability-cross-community at icann.org
> Subject: Re: [CCWG-ACCT] CCWG-Accountability - Draft Comment for
> Public Consultation on Articles of Incorporation (AOC)
>
> I love the comparaison you make with justice.
>
> As for justice, we need a broad set of principles to be defined
> The purpose of the process is to reach consensus based on those
> principles. Reaching a consensus on the issue at hand without having
> the set of principles will give a result according to the power
> (money, time to spend on the discussion, etc.) of each stakeholder.
>
> The « Global Public Interest » is needed to avoid that the ICANN
> policy or practice is captured  by political, commercial, and/or any
> other particular interest. So if we limit it to reaching a consensus,
> we may see political or commercial interest dominate the consensus for
> the reasons I mentioned. That consensus is necessary and should be
> based on the so called «  set of broad principles ».
>      
> -----------------------------------------------------------------------------
> *Tijani BEN JEMAA*
> Executive Director
> Mediterranean Federation of Internet Associations (*FMAI*)
> Phone: +216 98 330 114
>             +216 52 385 114
> -----------------------------------------------------------------------------
>
>     Le 10 juil. 2016 à 13:52, Sam Lanfranco <sam at lanfranco.net
>     <mailto:sam at lanfranco.net>> a écrit :
>
>     At the risk of restating the obvious in simple terms I am taking a
>     whack at the issue of ICANN and the public interest (global or
>     otherwise). There is no agreed upon definitive definition of the
>     public interest. This is not because there are different competing
>     definitions but because of the inherent nature of the notion
>     itself. The public interest is not like an element (iron, copper,
>     helium) in the periodic chart where there is a fine grained
>     molecular test of whether something is in, or not in, the public
>     interest. It is a concern across a broad scope of human existence
>     for the impact of policies and practices carried out by
>     institutions, and in some cases individuals. Does an action
>     support, or counter, the public interest (i.e., can I raise
>     chickens in my urban back yard)?
>
>     In ICANN, it is appropriate to have a commitment to policies and
>     actions in the global public interest, without a defined
>     definition of global public interest. That is why there is
>     reference to the multistakeholder community through an inclusive
>     bottom-up multistakeholder community process. Here is where a
>     nuance is important. The task of that process is not to craft an
>     ICANN definitive definition of the global public interest. The
>     task of that process is to stand ready to be invoked whenever it
>     appears that an ICANN policy or practice is not consistent with
>     some element of the global public interest. C
>
>     In the case of society and justice, where there is no definitive
>     definition of justice, a broad set of principles exist and on a
>     case by case basis the objective is that “justice has to be seen
>     to be done”. In the case of ICANN and a commitment to the global
>     public interest, on a policy and practice case by case basis, the
>     global public interest has to be seen to be served. To repeat, the
>     task of the ICANN multistakeholder community is to remain vigilant
>     with respect to policies and practices as they impact on the
>     global public interest and remain as the defenders of those
>     interests within the work of ICANN. In doing so it will benefit
>     from the case evidence build up within ICANN and elsewhere, but
>     its task is not to pursue a quest for a definitive definition of
>     the global public interest. 
>
>      Sam Lanfranco, NPOC/CSIH
>
>     -- ------------------------------------------------ "It is a
>     disgrace to be rich and honoured in an unjust state" -Confucius
>     邦有道，贫且贱焉，耻也。邦无道，富且贵焉，耻也
>     ------------------------------------------------ Dr Sam Lanfranco
>     (Prof Emeritus & Senior Scholar) Econ, York U., Toronto, Ontario,
>     CANADA - M3J 1P3 email: Lanfran at Yorku.ca <mailto:Lanfran at Yorku.ca>
>     Skype: slanfranco blog: http://samlanfranco.blogspot.com
>     <http://samlanfranco.blogspot.com/> Phone: +1 613-476-0429 cell:
>     +1 416-816-2852
>
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