[Discussion-igo-rc] Problem Statement, and additional thoughts/notes

[James M. Bladel]

Thomas, and All -

First, thank you for your contributions to prepare for our facilitated discussion in Copenhagen. On behalf of the GNSO, I apologize for the silence on our side to date, but I can assure you that we have been extensively discussing this matter, both at the Council level and among our smaller group.

We have concerns regarding the Problem Statement, in that we’re not convinced it is currently fit-for-purpose and we hope that we can flesh this out some on our call next week. We’re also very keen to see the briefing material that is being prepared by Bruce to assist our discussions. It may be that this duplicates much of the language in the Problem Statement as it is currently drafted. Attached for your information and consideration is an amended version of the Problem Statement document, along with our comments and edits. Additionally, we’ve attached a short list of questions and suggestions that we think should be clarified on our first call.

We also welcome the opportunity to discuss your comments below regarding the ‘global public interest’. While we don’t necessarily disagree with the sentiment, we do believe it is important that the term ‘global public interest’ as it is described in the ICANN bylaws is not misconstrued. To that end we refer to the relevant bylaws here:

The Bylaws refer to the “global public interest” as a Core Value, requiring ICANN to:

Seeking and supporting broad, informed participation reflecting the functional, geographic, and cultural diversity of the Internet at all levels of policy development and decision-making to ensure that the bottom-up, multistakeholder policy development process is used to ascertain the global public interest and that those processes are accountable and transparent

Additionally, ICANN’s Articles of Incorporation state:

the Corporation shall, except as limited by Article IV hereof, pursue the charitable and public purposes of lessening the burdens of government and promoting the global public interest in the operational stability of the Internet by carrying out the mission set forth in the bylaws of the Corporation (“Bylaws”). Such global public interest may be determined from time to time.  Any determination of such global public interest shall be made by the multistakeholder community through an inclusive bottom-up multistakeholder community process.

The Bylaws do require ICANN to duly consider the “public policy” input of governments, but determinations regarding the global public interest are firmly rooted in the multistakeholder process, of which both the GNSO and the GAC are part.

Thank you, and we are looking forward to our call next week.

J.

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