[Ws2-jurisdiction] Fwd: [CCWG-ACCT] Fwd: FW: Adopted motion

Tue Oct 4 08:04:35 UTC 2016

I cannot claim to understand the role of GNSO Council in terms of budget
for various ICANN activities, but a reading of the below bring a couple
of points to my mind:

1. It is unfortunate that, after spending millions on legal advice and
other such areas in work stream 1, at which time the agenda for movement
in certain directions was very much the will of what I would merely call
here as the 'dominant interests', we begun to immediately hear budgetary
concerns when work stream 2 started to take shape (after in any case
having pushed 'uncomfortable' issues on to this works stream 2).

2. Now, from the wording of GNSO Council's resolution below, one sees
further proof of use of fiscal powers by the incumbent system to stymie
processes mandated to address constitutional issues (which
definitionally could threaten the existing configurations of the
'system') . Very much like what the US Congress tried to do to the
transition process. This is a hugely inappropriate and undemocratic
thing, and should be looked down upon and condemned. But apparently it
is bad if certain people do it (Congress to the IANA process) but good
if others do it (GNSO Council to the determination of the jurisdiction
issues).  But that is how power and hegemony works.

I strongly oppose any efforts by the incumbent system to dictate to,
what to me is, a constitutional process on what the latter may or may
not do -- much worse to hold financial threats. Completely reprehensible.

parminder

On Tuesday 04 October 2016 01:05 PM, matthew shears wrote:
>
> A useful parameter for our work - thanks.
>
>
> On 04/10/2016 07:03, Greg Shatan wrote:
>>
>> I would like to draw this subgroup's attention to the motion below,
>> which was adopted by the GNSO Council on September 29.  In
>> particular, please take a look at paragraph 4 of the "Whereas"
>> clauses and paragraph 5 of the motion.
>>
>> Greg
>>
>> ---------- Forwarded message ----------
>> From: *Bernard Turcotte* <turcotte.bernard at gmail.com
>> <mailto:turcotte.bernard at gmail.com>>
>> Date: Tuesday, October 4, 2016
>> Subject: [CCWG-ACCT] Fwd: FW: Adopted motion
>> To: Accountability Cross Community
>> <accountability-cross-community at icann.org
>> <mailto:accountability-cross-community at icann.org>>
>>
>>
>>
>> *From:*Marika Konings
>> *Sent:* Thursday, September 29, 2016 11:33 PM
>> *To:* Glen de Saint Géry <Glen at icann.org
>> <javascript:_e(%7B%7D,'cvml','Glen at icann.org');>>
>> *Subject:*Adopted motion
>>
>>  
>>
>> *Motion - GNSO Validation of CCWG-Accountability Budget Request*
>>
>>  
>>
>> Made By: James Bladel
>>
>> Seconded by: Julf Helsingius, Keith Drazek
>>
>>  
>>
>> WHEREAS,
>>
>>  
>>
>> 1.      Per its Charter, the Project Cost Support Team (PCST) has
>> supported the CCWG-Accountability in developing a draft budget and
>> cost-control processes for the CCWG-Accountability activities for
>> FY17, and has also developed a historical analysis of all the
>> transition costs to date (see
>> https://gnso.icann.org/mailing-lists/archives/council/pdfpklU5q6Ojg.pdf
>> <https://gnso.icann.org/mailing-lists/archives/council/pdfpklU5q6Ojg.pdf>).
>>
>>  
>>
>> 2.      The CCWG-Accountability FY17 budget was presented at its
>> plenary meeting of June 21st and approved for transmission to the
>> Chartering Organizations for validation as per the process agreed
>> with the PCST. This request for validation was received on 23 June.
>>
>>  
>>
>> 3.      Following review and discussion during ICANN56, the GNSO
>> Council requested a webinar on this topic which was held on 23 August
>> (see transcript at
>> https://gnso.icann.org/en/meetings/transcript-ccwg-accountability-webinar-23aug16-en.pdf
>> <https://gnso.icann.org/en/meetings/transcript-ccwg-accountability-webinar-23aug16-en.pdf>,
>> recording at
>> http://audio.icann.org/gnso/gnso-ccwg-accountability-webinar-23aug16-en.mp3
>> <http://audio.icann.org/gnso/gnso-ccwg-accountability-webinar-23aug16-en.mp3>
>> and AC recording at https://icann.adobeconnect.com/p8fu99qpt7d/
>> <https://icann.adobeconnect.com/p8fu99qpt7d/>).
>>
>>  
>>
>> 4.     The GNSO Council notes that many members of the GNSO community
>> have expressed the view that the projected budget does not likely
>> support revisiting the topic of the jurisdiction of ICANN’s
>> organization in that such exploration would likely require
>> substantial independent legal advice on alternative jurisdictions and
>> their potential impact on the text and structure of ICANN’s Bylaws.
>>
>>  
>>
>> 5.      The GNSO Council has discussed and reviewed all the relevant
>> materials.
>>
>>  
>>
>> RESOLVED,
>>
>>  
>>
>> 1.      The GNSO Council hereby accepts the proposed
>> CCWG-Accountability FY17 budget, as well as the cost-control
>> processes presented in conjunction with the CCWG budget, expects the
>> working groups to be restrained and judicious in their use of outside
>> legal assistance, and believes that the Legal Committee should
>> exercise reasonable and effective controls in evaluating requests for
>> outside legal assistance and should approve them only when deemed
>> essential to assist a working group to fully and objectively
>> understand and develop a particular course of action for which the
>> group has reached a substantial degree of consensus and requires
>> legal advice on its risks and feasibility.
>>
>>  
>>
>> 2.      The GNSO Council expects to receive regular updates on actual
>> expenditures as tracked against this adopted budget, and reserves the
>> right to provide further input on the budget allocation in relation
>> to the CCWG-Accountability related activities.
>>
>>  
>>
>> 3. The GNSO Council expects ICANN staff, including its office of
>> General Counsel, to provide the assistance requested by the CCWG and
>> its working groups in an expeditious, comprehensive, and unbiased manner.
>>
>>  
>>
>> 4.      The GNSO Council expects the CCWG-Accountability and staff to
>> work within the constraints of this approved budget, and that excess
>> costs or requests for additional funding beyond said budget should be
>> recommended by the Legal Committee only when deemed essential to
>> completion of the CCWG’s work and objectives. .
>>
>>  
>>
>> 5.      It is the position of the GNSO Council that revisiting the
>> jurisdiction or organization of the ICANN legal entity, as
>> established by CCWG-Accountability Work Stream 1,  would not likely
>> be supported by this projected budget and, further, that such inquiry
>> should not be undertaken at this time because the new accountability
>> measures are all premised and dependent on California jurisdiction
>> for their effective operation, and any near-term changes in
>> organizational jurisdiction could be extremely destabilizing for
>> ICANN and its community.
>>
>>  
>>
>> 6.      The GNSO Council requests the GNSO Secretariat to communicate
>> this resolution to the CCWG-Accountability Chairs, and to the office
>> of the ICANN CFO.
>>
>>  
>>
>> *Marika Konings*
>>
>> Senior Policy Director & Team Leader for the GNSO, Internet
>> Corporation for Assigned Names and Numbers (ICANN) 
>>
>> Email: marika.konings at icann.org
>> <javascript:_e(%7B%7D,'cvml','marika.konings at icann.org');>  
>>
>> / /
>>
>> /Follow the GNSO via Twitter @ICANN_GNSO/
>>
>> /Find out more about the GNSO by taking our interactive courses
>> <http://learn.icann.org/courses/gnso> and visiting the GNSO Newcomer
>> pages
>> <http://gnso.icann.org/sites/gnso.icann.org/files/gnso/presentations/policy-efforts.htm#newcomers>./
>>
>>  
>>
>>
>>
>>
>>
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>
> -- 
> --------------
> Matthew Shears
> Global Internet Policy and Human Rights
> Center for Democracy & Technology (CDT)
> + 44 771 2472987
>
>
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