Thank you for the kind words, Cheryl! We can discuss these issues as a group in Cairo, but I wanted to give you and everyone else at least a quick initial response to your questions:

1. I represent the Franklin Pierce Law Center, which joined NCUC recently and has a history of interest and involvement in intellectual property issues. I'm happy to talk about the approvals process when we meet in Cairo.

2. I think that there is room, particularly within a reconstituted NCSG, for individual members, organizations and representatives to identify user issues of particular interest to them and to develop statements/recommendations on those issues. As I'd mentioned previously, we have to acknowledge that there is no homogenous "noncommercial user constituency/group", nor are there issues that will affect all users either equally or significantly. As such, there are likely to be issues affecting certain users that some of the rest may not be aware of or prioritize, such that those who are better informed or more interested will bring these to the attention of the rest. I can only emphasize then that we need to all be flexible, open and honest in tabling and discussing these issues internally within the group. Some issues will be controversial, some will have to be either voted on or otherwise resolved internally regarding whether or not NCUC/NCSG will adopt a formal position or take it further up the line to GNSO and the Board.

I honestly think that with a frank and transparent internal structure, it is possible to achieve the aims both of fully discussing user issues as well as constructing a sound and coherent group position - it may be that not all issues will end up being pursued, and it may also be that sometimes NCUC/NCSG "external" positions will have to note that they do not reflect a full consensus amongst all its members/users. No member/user should feel there is no room within NCUC/NCSG for issues that they can show should be of concern to the whole noncommercial user community.

Best,
Mary




>>> Cheryl Preston <[log in to unmask]> 10/28/08 4:45 PM >>>
Dear Mary,

Thank you for your informative, thoughtful and refreshing message.  You have excellent credentials and the kind of broad experience that is so useful for participation in ICANN.  Are you an individual member of NCUC or do you represent the Franklin Pierce Law Center, or some other organization?   If you represent the law school, what kind of approval did you need to submit?  I am thinking of changing my membership to represent my law school.

I found your comment as follows delightful: "I believe that we can achieve this by, among other things, presenting a balanced, reasoned and yet pro-user perspective; I also believe that, internally, it is important for the NCUC/NCSG to continue to have full, frank and open discussions as there certainly will be a divergence of views and a number of differing priorities and interests among us. It is only by having honest, non-judgmental discussions amongst ourselves that we can best claim to represent the full panoply of noncommercial user interests; and by doing so, we can then externally present a coherent and truly representative pro-user viewpoint."

I would love to work on a statement or position about Internet safety and child protection issues.  Surely, there is room for a position that has some flexibility, and is not as extremely anti-regulatory as the net neutrality described in Milton's writing.  If there is any room at all on issues involving content, anonymity, and child protection, then we need to start talking about them.  It seems to me that, in the end, there is no chance that ICANN will adopt a position that allows domain owners to be entirely untraceable or that prevents individual countries from adopting walled gardens or other techniques to protect children and divide content.  Thus, a more productive route would be to start thinking about where to divide, how to weigh, and how to develop the necessary nuances to balance the competing interests.  Is there any hope of this?

I look forward to seeing you in Cairo.




Cheryl B. Preston
Edwin M. Thomas
Professor of Law
J. Reuben Clark Law School
Brigham Young University
434 JRCB
Provo, UT 84602
(801) 422-2312
[log in to unmask]

>>> Mary Wong <[log in to unmask]> 10/28/2008 1:51:39 pm >>>
Unless I'm mistaken (in which case I'd be glad to stand corrected!), the NCUC Charter grants 2 votes to large organizations (i.e., over 1000 people or 200 employees) and 1 to small organizations. In principle, therefore, and while not "weighted" in the true sense, the Charter does "foster full and fair representation" (Bylaw VI.C).
 
On an unrelated note, I hope I may take a moment of everyone's time to let those of you who may not know me (or why I am standing for election as an AP representative to the GNSO) a little about myself. I'm currently a law professor at the Franklin Pierce Law Center in the US, having previously been a law professor in Singapore (where I am originally from) and Special Counsel to the US law firm of Morrison & Foerster (in their New York, Brussels and Singapore offices.) My work has primarily been focused on the international and comparative aspects of Internet law and policy, particularly in relation to copyright, access to knowledge and other challenges presented by a globalized information society.
 
I have been privileged to participate in almost every aspect of policymaking and law, from lobbying governments (in Washington, Brussels and Singapore) to representing start-up technology companies and providing advice to student groups and creative artists. My professional work includes academic appointments that allow me to keep in touch with colleagues, governments and developments in Asia (e.g. through the IP Academy think-tank in Singapore), and professional service that prevent me from being the stereotypical "ivory tower" academic (e.g. I chair the American Bar Association (ABA) IP Law Section's International Copyright committee, and as a member of the ABA's Copyright Reform Task Force I also provide active input - from a noncommercial, non-IP owner perspective - on current copyright law reform that potentially has significant impact for Internet users and access to knowledge.) I have also worked with a number of people well-known to you all and in the Internet governance community, including Robin and other member/representatives on projects at the Internet Governance Forum, among other platforms and places. 
 
The next few years will see some very significant policy and practical changes at ICANN and the domain name system. Some of these will potentially have a huge effect on NCUC and the general user community. They include, structurally. the formation/reconstitution of Stakeholder Groups and the overall GNSO reform process, and, generally, the new gTLDs and internationalized/multilingual domain names. To ensure that these changes reflect the contributions and interests of noncommercial users, I believe it is important to have a user Stakeholder Group that is robust, scalable and representative of the diversity of users and their interests. As such, it is important for NCUC - and the new noncommercial stakeholder group - to have a strong and respected "seat at the [ICANN] table". I believe that we can achieve this by, among other things, presenting a balanced, reasoned and yet pro-user perspective; I also believe that, internally, it is important for the NCUC/NCSG to continue to have full, frank and open discussions as there certainly will be a divergence of views and a number of differing priorities and interests among us. It is only by having honest, non-judgmental discussions amongst ourselves that we can best claim to represent the full panoply of noncommercial user interests; and by doing so, we can then externally present a coherent and truly representative pro-user viewpoint.
 
I know that we all participate in Internet governance and domain name policy matters out of interest and concern for the greater Internet user community since we are not compensated for it, and from my own experience I know also that it is difficult to keep up our involvement over and above our regular jobs and other commitments. Although I'm coming somewhat late to the NCUC process, I hope to use my energy, contacts and experience as best I can to represent us, our organizations and the general noncommercial user community.
 
Please feel free to get in touch with me if you would like to know any further details about me - or, indeed, if you want to reproach me for cluttering up your Inbox! My professional (somewhat outdated) webpage can also be accessed at http://www.piercelaw.edu/marywong/index.php 
 
Thank you for your time and kind consideration, and see you all (I hope) in Cairo,
Mary
 
Mary W S Wong
Professor of Law
Franklin Pierce Law Center
Two White Street
Concord, NH 03301
USA
Email: [log in to unmask] 
Phone: 1-603-513-5143
Webpage: http://www.piercelaw.edu/marywong/index.php 
Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 


>>> Milton L Mueller <[log in to unmask]> 10/27/2008 3:51 PM >>>
This election follows established NCUC charter, which does not have
weighted voting. This is not something I can just decide.

> -----Original Message-----
> From: Cheryl Preston [mailto:[log in to unmask]] 
> Sent: Monday, October 27, 2008 12:26 PM
> To: [log in to unmask]; Milton L Mueller
> Subject: Re: Cairo Agenda and events
> 
> For this election, has you instituted weighted voting or does every
member
> get just one vote?
> 
> Cheryl B. Preston
> Edwin M. Thomas
> Professor of Law
> J. Reuben Clark Law School
> Brigham Young University
> 434 JRCB
> Provo, UT 84602
> (801) 422-2312
> [log in to unmask] 
> 
> >>> Milton L Mueller <[log in to unmask]> 10/27/2008 7:08 am >>>
> Dear all:
> 
> Here is a prospective agenda for the Cairo meeting. Please plan to be
at
> the Monday evening ALAC - NCUC discussion and of course the Tuesday
> meetings as well. It is still possible to add things to the agenda so
if
> you plan to be there feel free to suggest.
> 
> 
> 
> 
> 
> Meeting Agenda for NCUC
> 
> Cairo, Egypt
> 
> November 3 and 4, 2008
> 
> 
> 
> 
> 
> Monday, 3 November 2008
> 
> 14:00 - 18:00
> 
> So-called "Trans-silo meeting" with GAC, GNSO, ccNSO, ALAC
> 
> Discussion of various issues
> 
> 
> 
> 18:00 - 19:00
> 
> Joint meeting with ALAC
> 
> San Souci II Room
> 
> Intercontinental CityStars Hotel
> 
> 
> 
> 
> 
> Tuesday, 4 November 2008
> 
> 9:00 - 12:30 and 3:30 - 5:30
> 
> Constituency Meeting
> 
> Al Manial Room
> 
> Intercontinental CityStars Hotel
> 
> 
> 
> Agenda
> 
> 9:00 - 10:00              Constituency business
> 
>                                     Election results, membership
> 
> 10:00 - 11:30            Discussion of NCSG formation
> 
> 11:30 - 12:30            Visits from PIR/ICANN Board members
> 
> 
> 
> 12:30 - 1:30              Lunch break
> 
> 
> 
> 1:30 - 3:15                Reconvene in San Souci II Room
> 
> GNSO User community meeting
> 
>                                     With ALAC, Business users
> 
> 
> 
> 3:30 - 5:00                Visits from ICANN Board members,
> 
>                                     Registrar constituency
> 
> 
> 
> 
>