[CCWG-ACCT] CCWG-Accountability - Draft Comment for Public Consultation on Articles of Incorporation (AOC)
Niels ten Oever
lists at nielstenoever.net
Wed Jul 13 12:59:20 UTC 2016
I agree with Avri. Also: eventhough it might not in all cases be clear
what the global public interest is, often it is very clear what it is not.
Best,
Niels
On 07/13/2016 02:46 PM, avri doria wrote:
> 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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