[Internal-cg] Consensus building process

joseph alhadeff joseph.alhadeff at oracle.com
Fri Aug 15 16:52:45 UTC 2014


yes.  Thanks.
On 8/15/2014 12:25 PM, Martin Boyle wrote:
>
> Hi Joe,
>
> Yes, you are right.  I thought my principle 3 was enough to resolve 
> this:  essentially there is an obligation on any party opposing 
> (blocking) consensus to explain their concerns to allow those concerns 
> to be addressed. Essentially this allows the issues to be addressed 
> head on and resolved.  On the other hand, overruling a maintained and 
> solid objection would just lead to that coming back again later in the 
> process.
>
> It works for the hold-out case that Keith flags.  For the substantive 
> cases, though, the only defence I can see for a legitimate objection 
> to be ignored through weigh of numbers is to allow that point to be 
> specifically addressed in the final report (and I really am just 
> talking about the final proposal and the process for getting there to 
> be the only substantive issue we have).
>
> If Wolf-Ulrich were to add to the end of principle 3, "If these 
> concerns are not met in the final proposal, the opposing party should 
> be invited to present the dissenting views in a written submission to 
> the report.", would this work?
>
> Cheers
>
> Martin
>
> *From:*internal-cg-bounces at icann.org 
> [mailto:internal-cg-bounces at icann.org] *On Behalf Of *joseph alhadeff
> *Sent:* 14 August 2014 20:20
> *To:* internal-cg at icann.org
> *Subject:* Re: [Internal-cg] Consensus building process
>
> Milton:
>
> I agree with the first bullet points, but have reservations on the 
> last.  I agree that no customer stakeholder objection related to the 
> proposal can exist and still have a consensus, but I also think that 
> we cannot have a consensus if a number of the non-customer 
> stakeholders object.
>
> Best-
>
> Joe
>
> On 8/14/2014 2:49 PM, Milton L Mueller wrote:
>
>     Keith
>
>     On the "holdout" problem,  I think Martin's principles addressed
>     your concerns. To reproduce them here:
>
>     &#61623The aim of the discussion should be to try to find a
>     solution where **no member of the ICG still maintains serious
>     opposition to the outcome.**  Reasons for objections should be
>     given, allowing the ICG wherever possible to try to address those
>     concerns.
>
>     &#61623**Recourse to any form of voting should be the
>     exception.**  Its use might be fine for non-substantive issues. 
>     For substantive issues, at least none of the "customer groups"
>     (numbers, protocols, gTLDs or ccTLDs) of the IANA remains strongly
>     opposed.
>
>     &#61623Group members who still have problems with the evaluation
>     should be invited to **identify possible ways in which the
>     proposal could be modified to make it acceptable to them.**
>
>     &#61623Discussions should continue until **no "IANA customer"
>     group is firmly opposed.**
>
>     Note these two things:
>
>     1)If there really is no consensus (and that DOES mean no one
>     objects, even if they don't fully agree) then we are reverting to
>     a kind of supermajority voting or decision rule as outlined in the
>     GNSO rules. Purists like me refuse to call this "consensus." It
>     doesn't mean that we are "stuck" or blocked, it just means that we
>     really don't have something that conforms to the classical meaning
>     of consensus. I think we should not play verbal games and call
>     this "consensus."
>
>     2)IANA customer groups (groups, not individuals) have a kind of
>     special status in Martin's principles, given their direct stake in
>     how IANA is managed. Even though I am not representing a customer
>     group, I think this is fair. If everyone in a particular customer
>     group cannot live with a decision, it is certainly not consensus
>     and we probably shouldn't force such a decision on them, no matter
>     how much everyone else supports it. We might extend the same kind
>     of protection to other groups; e.g., if none of the user
>     representatives (NCSG and ALAC) agree, it would seem unreasonable
>     to claim that an outcome has even "rough" consensus. But if one
>     particular individual within that user group can't be swayed, then
>     it should not be considered the same kind of obstacle to an outcome.
>
>     Hope this is clear
>
>     Milton L Mueller
>
>     Laura J and L. Douglas Meredith Professor
>
>     Syracuse University School of Information Studies
>
>     http://faculty.ischool.syr.edu/mueller/
>
>     *From:*internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>
>     [mailto:internal-cg-bounces at icann.org] *On Behalf Of *Drazek, Keith
>     *Sent:* Thursday, August 14, 2014 2:10 PM
>     *To:* Coordination Group
>     *Subject:* Re: [Internal-cg] Consensus building process
>
>     Just so I'm clear...
>
>     Looking ahead....if we end up with 29 ICG reps in favor of a final
>     recommendation and one person who unreasonably refuses to
>     compromise, will that be deemed "consensus" or "no consensus?"
>
>     Hypothetically speaking, if one holdout among us can obstruct a
>     decision that has received support from all other members, and
>     would prevent delivery of a recommendation....I find that very
>     troubling.
>
>     Keith
>
>     *From:*internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>
>     [mailto:internal-cg-bounces at icann.org] *On Behalf Of *WUKnoben
>     *Sent:* Thursday, August 14, 2014 1:47 PM
>     *To:* Kavouss Arasteh
>     *Cc:* Coordination Group
>     *Subject:* Re: [Internal-cg] Consensus building process
>
>     Dear Kavouss,
>
>     you make the same point I expressed by saying that "I'm still
>     uncertain with "non-substantive" issues which level of substance
>     may depend on different views". I would welcome you providing
>     other more useful criteria to decide in which rare cases a "poll"
>     or "voting" could apply.
>
>     As you may have seen in my latest draft I removed the "adjectives"
>     from consensus. So I would appreciate your written suggestion for
>     an acceptable text that I could better understand your
>     disagreement with the present proposal.
>
>     Best regards
>
>     Wolf-Ulrich
>
>     *From:*Kavouss Arasteh <mailto:kavouss.arasteh at gmail.com>
>
>     *Sent:*Thursday, August 14, 2014 7:22 PM
>
>     *To:*WUKnoben <mailto:wolf-ulrich.knoben at t-online.de>
>
>     *Cc:*Milton L Mueller <mailto:mueller at syr.edu> ; Martin Boyle
>     <mailto:Martin.Boyle at nominet.org.uk> ; Coordination Group
>     <mailto:internal-cg at icann.org>
>
>     *Subject:*Re: [Internal-cg] Consensus building process
>
>     Dear All,
>
>     I am not comfortable to any of these measures.
>
>     The more we discuss and analyze ,the more problem is created.
>
>     I strongly disagree to make any discrimination among the
>     contstituent groups in ICG ,WHEN IT IS PROPOSED qUOTE
>
>     "For substantive issues, at least none of the "customer groups"
>     (numbers, protocols, gTLDs or ccTLDs) of the IANA remains strongly
>     opposed"
>
>     What is considered by someone " substantive" may be considered by
>     others " non substantive,
>
>     NO ADJECTIVE FOR OPPOSITION .NO ADJECTIVE FOR SCONSENSUS.
>
>     If you want instead of making progress to draft another chatter or
>     convention for decision making ,I disagree with that .
>
>     It ios incumbent to the chair and the two vice chairs to make
>     utmost efforts to build consensus-
>
>     Pls end this discussion
>
>     Regards
>
>     Kavouss
>
>     2014-08-14 18:32 GMT+02:00 WUKnoben
>     <wolf-ulrich.knoben at t-online.de
>     <mailto:wolf-ulrich.knoben at t-online.de>>:
>
>     Thanks all for your valuable input.
>
>     Milton is right calling for verbal clarity. But differentation is
>     also needed and there are different approaches to achieve it. And
>     as I said before the suggestion so far was based on GNSO habit.
>
>     I tried to accomodate the discussion and therefore suggest to
>     differentiate between "recommendation by consensus" (highest
>     level, 100%) and "recommendation" (all remaining discussion
>     results leading to a recommendation).
>
>     I agree to all basic principles Martin came up with and
>     incorporated them.
>
>     I'm still uncertain with "non-substantive" issues which level of
>     substance may depend on different views.
>
>     I would appreciate further fruitful discussion on the list and we
>     will hopefully see an end at our call next week.
>
>     See my edits attached.
>
>     Best regards
>
>     Wolf-Ulrich
>
>     *From:*Milton L Mueller <mailto:mueller at syr.edu>
>
>     *Sent:*Tuesday, August 12, 2014 8:12 PM
>
>     *To:*'Martin Boyle' <mailto:Martin.Boyle at nominet.org.uk> ;
>     Coordination Group <mailto:internal-cg at icann.org>
>
>     *Subject:*Re: [Internal-cg] Consensus building process
>
>     I think Martin makes very good points here.
>
>     I like his proposed principles, every one of them.
>
>     I must confess that I have been wincing at the way the word
>     "consensus" is (ab)used routinely in these circles. Either it is
>     truly consensus, and everyone either agrees or agrees not to
>     object, or it is _something else_. Will we please stop trying to
>     apply the term "consensus" to supermajority voting processes? My
>     academic commitment to verbal clarity and directness is screaming
>     at me that this is wrong.
>
>     The IETF concept of "rough" consensus is an informal mechanism
>     that is suitable for a more homogeneous environment in which
>     adherence to standards is voluntary anyway, but in an environment
>     with binding outcomes and political factions, it can and, in the
>     ICANN context, frequently HAS merely provided a rationalization
>     for ignoring significant minority points of view.
>
>     --MM
>
>     *From:*internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>
>     [mailto:internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>] *On Behalf Of *Martin Boyle
>     *Sent:* Tuesday, August 12, 2014 1:24 PM
>     *To:* Coordination Group
>     *Subject:* Re: [Internal-cg] Consensus building process
>
>     Hi All,
>
>     First thanks to Wolf-Ulrich for his paper.  I greatly like the
>     idea of standards of good behaviour and mutual respect -- and I'm
>     pleased to see that this is already very much the framework for
>     the way that the ICG works.  I'd also note that the analysis of
>     shades of grey in levels of support is interesting -- was it
>     Patrik who first noted the two extremes (non-substantial and
>     substantial issues) and the level of consensus that might be
>     needed?  I'm just not sure I know how to use them...
>
>     I'd firmly endorse the aim that "the ICG ... reach at least
>     Consensus on the Proposal for the IANA Stewardship Transition to
>     be forwarded to the NTIA" subject to our continued effort to try
>     to achieve full/unanimous consensus or (at least) to have
>     addressed address points of concern.
>
>     However, I do not like processes that are supposed to be by
>     consensus being resolved by voting (cf WCIT):  voting leaves
>     winners and losers.  It also means that people get lazy and fail
>     to look for compromise or common ground or ways to address
>     "reasonable" concerns.  That aversion is not really addressed by
>     supermajorities:  even at an 80% supermajority, all the domain
>     name registries or all the government representatives or all GNSO
>     members could be overruled.  At 85% all the ccTLD registries, at
>     90% all the gTLD registries could be ignored.
>
>     I do recognise the need for a mechanism that allows us to come to
>     a final recommendation and I'm afraid that I do not see any magic
>     wand.  But I would suggest a number of basic principles:
>
>     ·The aim of the discussion should be to try to find a solution
>     where **no member of the ICG still maintains serious opposition to
>     the outcome.** Reasons for objections should be given, allowing
>     the ICG wherever possible to try to address those concerns.
>
>     ·**Recourse to any form of voting should be the exception.**  Its
>     use might be fine for non-substantive issues.  For substantive
>     issues, at least none of the "customer groups" (numbers,
>     protocols, gTLDs or ccTLDs) of the IANA remains strongly opposed.
>
>     ·Group members who still have problems with the evaluation should
>     be invited to **identify possible ways in which the proposal could
>     be modified to make it acceptable to them.**
>
>     ·Discussions should continue until **no "IANA customer" group is
>     firmly opposed.**
>
>     One final point:  I would be willing to allow anyone who feels
>     that they have not been heard to put a minority view into the
>     final report.  I'd rather that did not happen, but if the views
>     are strong enough, it would be best to have then documented in the
>     report than to be first aired in the discussion that follows the
>     publication of our final report.
>
>     Cheers
>
>     Martin
>
>     *From:*internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>
>     [mailto:internal-cg-bounces at icann.org] *On Behalf Of *Kavouss Arasteh
>     *Sent:* 11 August 2014 20:48
>     *To:* Drazek, Keith
>     *Cc:* Coordination Group
>     *Subject:* Re: [Internal-cg] Consensus building process
>
>     Dear All,
>
>     Undoubtedly, it would be super majority either 2/3 or 4/5 .
>
>     Kavouss
>
>     2014-08-11 18:18 GMT+02:00 Drazek, Keith <kdrazek at verisign.com
>     <mailto:kdrazek at verisign.com>>:
>
>     I agree that we will need a clear process for determining
>     consensus that falls somewhere on the spectrum between humming and
>     requiring a unanimous vote.
>
>     If we get in to discussions of voting, we'll also need to address
>     the thresholds required to establish consensus. Is it a simple
>     majority? Super-majority? Unanimous voting is an unhelpful
>     requirement that would likely obstruct our work and our ability to
>     deliver, so I believe that should be a non-starter for the ICG. We
>     need to avoid the possibility of one dissenting vote undermining
>     an otherwise strongly supported recommendation that represents
>     broad community consensus.
>
>     However, if/when there is not full consensus, it will be important
>     that we have a mechanism for expressing dissenting opinions. The
>     GNSO Registries Stakeholder Group employs a "minority statement"
>     mechanism to allow for all views to be expressed when there is
>     consensus but not unanimity on a particular topic. Perhaps we
>     should consider a similar mechanism for the ICG.
>
>     Keith
>
>
>     -----Original Message-----
>     From: internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>
>     [mailto:internal-cg-bounces at icann.org
>     <mailto:internal-cg-bounces at icann.org>] On Behalf Of Subrenat,
>     Jean-Jacques
>     Sent: Monday, August 11, 2014 6:09 AM
>     To: Kavouss Arasteh
>     Cc: Coordination Group
>     Subject: Re: [Internal-cg] Consensus building process
>
>     Hello Colleagues,
>
>     From the experience of the past few weeks, unfortunately we can
>     conclude that the current process is not successful. Rather than
>     meting out blame or praise, we need to understand why it's not
>     working. Group dynamics and a bit of sociology can help.
>
>     Our Coordination Group is different from what some of us/you have
>     come to consider as "normal". The technical bodies (IETF, IAB)
>     have developed an efficient process where "rough consensus" is
>     understood and accepted. But other components of the ICG have
>     different habits, and also a different accountability mechanism:
>     however attractive "rough" may be, it is insufficient. For
>     example, the GAC has its own rules (a joint position can only be
>     reached by unanimity), and the ALAC routinely conducts all its
>     votes on a full-membership basis (each member has to say ay, nay,
>     abstain, or be noted down as not having cast a vote).
>
>     So the challenge is this: is the "rough consensus" really adapted
>     to all the needs of our group? With the experience gained
>     collectively in London, and especially since then, I would
>     recommend a dual approach:
>
>     A/ MATTERS REQUIRING ALL MEMBERS TO VOTE (typically, to be decided
>     as soon as possible, with the exception of our Transition plan)
>        - Chair structure and membership,
>        - Charter of the ICG,
>        - choice of Secretariat (ICANN or outside of ICANN, or a
>     mixture of both),
>        - choice of near-final drafts and approval of final draft of
>     our Transition plan, before presentation to the NTIA.
>
>     B/ MATTERS WHERE OTHER FORMS OF DECISION-MAKING ARE ACCEPTABLE
>        - Appraisal of specific community input, as a contribution to
>     the ICG's recommended plan (e.g. ALAC should appraise input from
>     its own community before submitting it to the whole ICG),
>        - external relations and communications of the ICG (once the
>     Chair structure has been chosen and populated, it may wish to ask
>     Chair, or another of its members, to be the point of contact),
>        - administrative & logistic matters, in conjunction with the
>     chosen Secretariat (here too, delegation would be possible).
>
>     I'm prepared to provide a more detailed proposal for the above items.
>
>     Best regards,
>     Jean-Jacques.
>
>
>
>     ----- Mail original -----
>     De: "Kavouss Arasteh" <kavouss.arasteh at gmail.com
>     <mailto:kavouss.arasteh at gmail.com>>
>     À: "Patrik Fältström" <paf at frobbit.se <mailto:paf at frobbit.se>>
>     Cc: "Coordination Group" <internal-cg at icann.org
>     <mailto:internal-cg at icann.org>>
>     Envoyé: Lundi 11 Août 2014 10:40:08
>     Objet: Re: [Internal-cg] Consensus building process
>
>
>
>
>     Dear Wolf
>     Thank you very much for reply
>     My point is that if one or more ICG Mmember(s) is7are againszt the
>     ruling of the Chir ,They could raise their issue and the matter
>     must be settled by simple explanation or if not resolved by voting
>     . I.E. CHAIR DOES NOT HAVE DECISION MAKING POWER ON HE OR HIS OWN
>     WISHES RATHER TO TAKE INTO ACCOUNT VIEWS OF MEMBERS Regards
>     KAVOUSS Regards
>
>
>
>
>
>     2014-08-11 8:33 GMT+02:00 Patrik Fältström < paf at frobbit.se
>     <mailto:paf at frobbit.se> > :
>
>
>
>
>     On 11 aug 2014, at 08:09, WUKnoben <
>     wolf-ulrich.knoben at t-online.de
>     <mailto:wolf-ulrich.knoben at t-online.de> > wrote:
>
>     > The chair's designation that consensus is reached is not her/his
>     own decision rather than a wrap-up of extensive discussions. Of
>     course this designation can be challenged by members. And this is
>     what triggers your question about "If several participants in the
>     ICG disagree with the designation given ...". I'm open to any
>     helpful suggestion on how we could procede in such a case.
>     > In the end consensus - as defined -- has to be achieved.
>
>     Let me emphasize what you say here, which I strongly agree with.
>
>     We must deliver.
>
>     This implies we must be able to reach consensus.
>
>     The last couple of weeks discussions on various topics makes me a
>     bit pessimistic on the ability for us to reach consensus, but I am
>     optimistic, always optimistic, on peoples ability and interest in
>     actually deliver.
>
>     Remember that the chair is calling on the consensus question, not
>     the substance. That way the power of the chair is decreased to a
>     minimum and process issues.
>
>     Patrik
>
>
>
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