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Subject:
From:
Niels ten Oever <[log in to unmask]>
Reply To:
Niels ten Oever <[log in to unmask]>
Date:
Mon, 22 Aug 2016 11:53:26 -0500
Content-Type:
text/plain
Parts/Attachments:
text/plain (692 lines)
Dear Ed,

I sympathize, but this is not the first time this question has been
brought up. And since the voting has started, I hope you can treat this
as a matter of priority.

Best,

Niels

On 08/21/2016 07:46 PM, Edward Morris wrote:
> Hi James and Paul
>  
> Thanks for your messages and for your enthusiasm!
>  
> I need to apologize – this is the busiest time of the year for me
> workwise. Our academics here, students and professors, often disappear
> from the lists for a few weeks around exam time. It’s crunch time for
> them. The last few weeks in August is the equivalent in the music
> industry in the UK and US. My jobs usually have great flexibility,
> that’s why I’m one of the few non academics able to volunteer here:
>  except at this time of year.  I just got through with a three day
> festival in the rain and mud, living in tents in the South of England,
> will be doing the same for four days at the Leeds and Reading Festivals
> next weekend (hopefully without the rain!) and am working clubs every
> night this week. I also have six ICANN calls in the next four days that
> I've factored into my schedule..
>  
> The answers are coming and I can only apologize for the delay. I hope to
> have the first set up Monday and then will do the best I can. Apologies
> to everyone. We’re all volunteers here, most of us are not paid for this
> work (I certainly am not!), so I hope folks can relate.
>  
> Thanks for your understanding – and post midnight greetings from a rest
> area off a highway somewhere in the South of England,
>  
> Best,
>  
> Ed
>  
> Sent from my iPhone
>  
>  
> ------------------------------------------------------------------------
> *From*: "Paul Rosenzweig" <[log in to unmask]>
> *Sent*: Sunday, August 21, 2016 5:40 PM
> *To*: [log in to unmask]
> *Subject*: Re: Views on Adding Human Rights to the Bylaws
>  
> 
> James
> 
>  
> 
> It is the weekend.  Some people have lives outside of this list.  I
> suspect that we will hear from the other candidates in due course.
> 
>  
> 
> P
> 
>  
> 
> Paul Rosenzweig
> 
> [log in to unmask]
> <mailto:[log in to unmask]>
> 
> O: +1 (202) 547-0660
> 
> M: +1 (202) 329-9650
> 
> VOIP: +1 (202) 738-1739
> 
> www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
> 
> My PGP Key: http://redbranchconsulting.com/who-we-are/public-pgp-key/
> 
>  
> 
> *From:*NCSG-Discuss [mailto:[log in to unmask]] *On Behalf Of
> *James Gannon
> *Sent:* Sunday, August 21, 2016 7:14 AM
> *To:* [log in to unmask]
> *Subject:* Re: Views on Adding Human Rights to the Bylaws
> 
>  
> 
> Just following up on this, we have a number of candidates  being asked
> questions on various topics by a few NCSG members, but I have only seen
> Stephanie responding, this to me is quite disappointing and doesn’t
> reflect well.
> 
>  
> 
> I would appreciate those asking for our votes to respond.
> 
>  
> 
> -James
> 
>  
> 
>  
> 
> *From: *NCSG-Discuss <[log in to unmask]
> <mailto:[log in to unmask]>> on behalf of Tatiana Tropina
> <[log in to unmask] <mailto:[log in to unmask]>>
> *Reply-To: *Tatiana Tropina <[log in to unmask]
> <mailto:[log in to unmask]>>
> *Date: *Saturday 20 August 2016 at 09:35
> *To: *"[log in to unmask]
> <mailto:[log in to unmask]>" <[log in to unmask]
> <mailto:[log in to unmask]>>
> *Subject: *Re: Views on Adding Human Rights to the Bylaws
> 
>  
> 
> HI Bill, hi all,
> 
> Thanks for making three different threads - very much appreciated that
> these important questions will not get lost.
> 
> I think Niels's questions are broader than just addition of the human
> rights obligation into the bylaws. I am puzzled, too and would really
> like to get answers. 
> 
> Warm regards
> 
> Tatiana 
> 
>  
> 
> On 20 August 2016 at 09:55, William Drake <[log in to unmask]
> <mailto:[log in to unmask]>> wrote:
> 
>     (was: A Few Take-Aways from Meet the Candidates Call re: Council
>     Transparency and Coordination)
> 
>      
> 
>     Hi
> 
>      
> 
>     How about we discuss the human rights issue issue under this subject
>     line?  
> 
>      
> 
>     I have to admit I that I too was puzzled by what happened in
>     Marrakech on this, both in real time and after reading the
>     transcript.  It would be good to understand everyones’ views on this
>     crucial issue.
> 
>      
> 
>     Thanks
> 
>      
> 
>     Bill
> 
>      
> 
>         On Aug 19, 2016, at 20:52, Niels ten Oever
>         <[log in to unmask]
>         <mailto:[log in to unmask]>> wrote:
> 
>          
> 
>         Dear all,
> 
>         I think Bill and Milton raised very important questions
>         concerning the
>         work of the GNSO. I would like to ask two more questions based
>         on what
>         Milton has already asked.
> 
>         I read in Ed’s statement about his strong commitment to freedom of
>         expression. I would like to ask again – after asking this in
>         person, in
>         a session and in the +1 thread here, because I believe it is
>         important
>         for us to know: Why did Ed vote, as the only GNSO councilor,
>         against the
>         addition of a commitment for ICANN to respect human rights to
>         ICANN bylaws?
>         This is not just about NCSG GNSO councilors, but Ed was only one
>         of ALL
>         GNSO councilors to vote against the commitment to human rights.
> 
>         And furthermore, why did Ed not discuss this openly, before the
>         vote, on
>         the NCSG list. Because I think the concerns Ed had were not shared
>         widely within the NCSG, except for Heritage and himself.
> 
>         I find it a problem of accountability how Ed continuously seem
>         to not
>         want to discuss this openly within our constituency, but does
>         vote on
>         behalf of it. Here I would like to quote the charter again:
> 
>         "Each NCSG GNSO Council Representative shall represent, within
>         the GNSO
>         Council, ICANN and its activities, the goals and priorities of
>         the NCSG
>         to the best of his/her ability and in accordance with the
>         principle of
>         consensus building."
> 
>         and:
> 
>         "Council Representatives will, however, be expected to
>         understand the
>         varied positions in the NCSG and to explain to the membership
>         how their
>         votes are in support of noncommercial interests. NCSG GNSO
>         Councilors
>         should work with the NCSG-PC to develop NCSG policy positions.
>         NCSG GNSO
>         Council Representatives are expected to keep the NCSG membership
>         informed of policy issues before the GNSO Council, to seek input
>         from
>         the NCSG membership and to be responsive to member requests for
>         information on matters pending before the Council."
> 
>         Last but not least. If you look at the voting history in the
>         GNSO, it is
>         clear that there is a pattern of Ed structurally making other
>         choices
>         than the other NCSG GNSO councilors. I do not think this is
>         necessarily
>         bad, but I do not see any explanation for this reflected in Ed’s
>         statement.
> 
>         Best,
> 
>         Niels
> 
> 
>         On 08/19/2016 12:57 PM, Mueller, Milton L wrote:
>          
> 
>             I would like to raise an issue that was completely avoided
>             in our
>             discussions yesterday.
> 
> 
> 
>             Probably the biggest issue facing the whole ICANN
>             environment right now
>             is the IANA transition – the end of US Govt control of the
>             DNS root
>             zone, and the completion of ICANN’s movement toward
>             self-governance.
> 
> 
> 
>             My sense is that the overwhelming majority of us in this
>             Stakeholder
>             Group (NCSG) are in favor of the transition and the
>             accountability
>             reforms associated with it. None of us thinks they are
>             perfect, of
>             course, but almost all of us believe that we are better off
>             making those
>             changes than sticking with the status quo.
> 
> 
> 
>             There are a few exceptions. It is clear that the Heritage
>             Foundation,
>             one of our (eligible!) member organization, is working very
>             hard in
>             Washington to raise obstacles to the transition. It appears
>             to me that
>             one of our Council members, Ed Morris, has aligned himself
>             with the
>             Heritage folks in opposing completion of the transition at
>             this time,
>             though I could be wrong about that.  
> 
> 
> 
>             I think it is perfectly acceptable for there to be different
>             views
>             within the NCSG. However, it’s also critical for our members
>             to know
>             what they are voting for, and to have that debate openly. To
>             my mind, a
>             Council member who actively works against the completion of the
>             transition has a dramatically different vision of the nature
>             of ICANN
>             and its long term future than one who wants to move ahead
>             with the
>             accountability reforms and IANA transition.
> 
> 
> 
>             Therefore it’s critical for our members to know how all
>             Councilors stand
>             on this question.
> 
> 
> 
>             So I’d like to see the candidates answer these questions;
> 
> 
> 
>             1.       Do you think that if the U.S. Congress blocks the
>             transition in
>             the next 6 weeks that it will be a disaster for the
>             multistakeholder
>             model of Internet governance? Why or why not?
> 
> 
> 
>             2.       Are you actively supporting the Heritage
>             Foundation’s (and
>             other rightwing groups’) efforts to mobilize Congressional
>             Republicans
>             to block the transition?
> 
> 
> 
>             3.       How do you think we as a SG should respond if the
>             transition is
>             blocked by the U.S. Congress?
> 
> 
> 
> 
> 
>             I look forward to discussion of these questions by the
>             candidates.
> 
> 
> 
> 
> 
>             Dr. Milton L. Mueller
> 
>             Professor, School of Public Policy
> 
>             Georgia Institute of Technology
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
> 
>             *From:*NCSG-Discuss [mailto:[log in to unmask]]
>             *On Behalf Of
>             *William Drake
>             *Sent:* Friday, August 19, 2016 6:04 AM
>             *To:* [log in to unmask]
>             <mailto:[log in to unmask]>
>             *Subject:* A Few Take-Aways from Meet the Candidates Call
>             re: Council
>             Transparency and Coordination
> 
> 
> 
>             Hi
> 
> 
> 
>             Yesterday’s call provided a useful opportunity for dialogue
>             on the
>             candidates’ views and priorities and also turned out to
>             offer some folks
>             a chance to start clearing the air, however uncomfortably,
>             regarding
>             issues that arose within our Council contingent the last
>             cycle.  I’d
>             like to suggest a couple take-aways in hopes that we can
>             re-set that
>             which needs to be and move forward on a firmer footing. 
>             Purely my own
>             views, which I guess some folks will disagree with, in which
>             case fine,
>             let’s talk it out.
> 
> 
> 
>             1.  Differences of perspective among Councilors are fine but
>             these
>             should be openly shared in order to preserve trust. It might
>             make sense
>             for the interested parties to find some congenial space in
>             which to
>             privately work through past bits of friction that arose re: e.g.
>             Marrakech, the GNSO chair selection, and whatever else.  It
>             doesn’t make
>             sense to leave misunderstandings unresolved and entrenched
>             as it can
>             impact on the effectiveness of the team effort going
>             forward. Hyderabad
>             obviously offers F2F options, which are likely to be the
>             most productive
>             in coming to resolutions, but it might make sense not to
>             wait entirely
>             on this.
> 
> 
> 
>             2. It would be helpful if Councilors could be sure to attend
>             the monthly
>             NCSG calls and proactively share their thinking about
>             upcoming Council
>             meetings and votes with each other and the wider
>             membership.  In ancient
>             times when I was on Council we regarded these as fairly
>             mandatory and
>             tried to miss only exceptionally and with notification, but more
>             recently participation seems to have be spottier at times (I
>             believe the
>             NCSG chair has attendance records?).  Yes we’re all
>             volunteers with day
>             jobs and travels so things can happen, but it shouldn’t be
>             the case that
>             people miss more than a couple per annual cycle.
> 
> 
> 
>             3. In parallel, it’d be good to have greater open discussion
>             of pending
>             votes and positions on the NCSG PC mail list.  I’ve been on
>             that list
>             since we set it up in 2011 (first as a Councilor, then as an
>             observer)
>             and think it’s under-utilized resource that should work in
>             synch with
>             our monthly calls and those of the Council.  Of course,
>             issues should
>             not always be sorted purely on an internal PC basis;
>             important policy
>             choices at least should also be vetted on ncsg-discuss so
>             the PC is well
>             informed by a feel for general member sentiment, even if
>             it’s divided.  
> 
> 
> 
>             Either way, between the monthly calls and the PC, we
>             shouldn’t have
>             cases where members of the team don’t know until they arrive
>             at a
>             Council meeting how their colleagues will vote, or what
>             contacts and
>             representations of the group’s shared positions are being
>             made to other
>             stakeholder groups, etc.  You can’t have a team effort if
>             people are
>             unaware of each others’ doings.
> 
> 
> 
>             4.  Part of the PC’s challenge has always been to ensure
>             effective
>             chairing, including tracking of progress on open projects,
>             herding cats,
>             etc.  We’ve always appointed Councilors to chair but the
>             results have
>             been variable as people are already maxed out.  On
>             yesterday’s call Ed
>             made a suggestion that merits consideration: having a
>             non-Council member
>             as chair, and allocating one of the NCSG travel slots to
>             this person so
>             as to promote their continuous coordination of the process. 
>             It’d be
>             interesting to hear views on this.
> 
> 
> 
>             5.  After-meeting reporting to the membership of the issues
>             and votes
>             should be routinized.  This doesn’t have involve demanding
>             magnum opus
>             treatments, a couple paragraphs one a month should be
>             sufficient and
>             doable.  I’d suggested (below) that the six Councilors could
>             rotate the
>             responsibility, as was briefly attempted in 2009-2010. 
>             Stephanie
>             counter-proposed on the call that reporting be done by
>             non-Councilors,
>             in part as a way of on-boarding ‘new blood’ and helping to
>             prepare folks
>             to stand for Council in a future election.  This could work too,
>             although it may involve some extra coordination to ensure every
>             Councilors’ votes and views are reflected to taste.  Worth a
>             try…
> 
> 
> 
>             If we could do at least some of this, I think it’d increase
>             our team’s
>             solidarity and our general members’ understanding of what their
>             representative are up to, what’s in play in the GNSO, and
>             what the
>             opportunities for engaging in working groups and such are. 
>             It’d also
>             make our votes in elections more well informed.
> 
> 
> 
>             Thoughts?
> 
> 
> 
>             Bill
> 
> 
> 
> 
> 
>                On Aug 17, 2016, at 10:39, William Drake
>             <[log in to unmask] <mailto:[log in to unmask]>
>                <mailto:[log in to unmask]>> wrote:
> 
> 
> 
>                Hi
> 
> 
> 
>                    On Aug 16, 2016, at 23:38, Robin Gross
>             <[log in to unmask] <mailto:[log in to unmask]>
>                    <mailto:[log in to unmask]>> wrote:
> 
> 
> 
>                    Agreed.  It is important for members to become more
>             acquainted
>                    with our representatives and resumes are extremely
>             helpful for that.
> 
> 
> 
>                Sharing candidates’ resumes is not a bad idea.  But I’d
>             like to
>                suggest we go beyond this.  Two issue we might want to
>             consider on
>                tomorrow’s call:
> 
> 
> 
>                When I joined Council in 2009, we discussed the need for
>             better
>                reporting to members as to what their reps were actually
>             doing in
>                Council.  We launched an attempt to deal with this by having
>                Councilors take turns doing brief reports about Council
>             meetings.
>                Alas it didn’t get far, after a couple times the sense of
>             urgency
>                faded, people told themselves “well, members can always
>             look at the
>                Council archive to see what’s happening," and the effort
>             drifted
>                off.  But of course it’s actually not easy for a member
>             to dive
>                through the Council archive and try to reconstruct what’s
>             happening,
>                and it’s not so hard to compose a one or two paragraph
>             summary of a
>                monthly Council meeting indicating how our reps voted on
>             which
>                issues, especially if the workload is rotated among six
>             Councilors,
>                making it just a few times per year each.  So while it’s
>             a bit
>                uncomfortable suggesting work to be done by others, I’d
>             like to put
>                this idea back on the table ahead of our Meet the
>             Candidates call
>                tomorrow.  It need not be an one onerous thing, and after
>             all we
>                exist to participate in the GNSO, so surely we should be
>             able to
>                know how our reps are representing us in the GNSO. 
>             Especially when
>                we’re being asked to vote them into ‘office’ (for
>             incumbents) on the
>                basis of past performance.
> 
> 
> 
>                More generally, we have long debated the matter of
>             coordination
>                among Council reps.  Unlike most if not all other parts
>             of the GNSO,
>                NCSG by charter doesn’t normally do ‘directed voting,’
>             where the
>                members are bound to vote in conformity with a rough
>             consensus
>                position.  We have a charter provision to do this in
>             exceptional
>                cases, but I don’t recall it ever being invoked.  We’ve
>             always been
>                content to operate on the notion that the Councilor does
>             what s/he
>                thinks is in the best interest of civil society @ GNSO,
>             and if
>                members don’t approve of anyone’s action they can vote
>             them out in
>                the next cycle.  But as that has not really happened,
>             it’s sort of a
>                meaningless check and balance.  And this is not without
>             consequence,
>                as we’ve sometimes had internal differences within our
>             contingent
>                that have arguably undermined our effectiveness and
>             credibility in
>                the eyes of the community and staff, and can even allow
>             our various
>                business stakeholder group counterparts to exploit the
>             differences
>                in order to push through what they want in opposition to
>             our common
>                baseline views.  So at a minimum, we need to do better
>             somehow at
>                team coordination and make sure all our Councilors know
>             what each
>                other is doing and why and so there’s no real time surprises,
>                especially during meetings with high stakes votes.
> 
> 
> 
>                Thoughts?
> 
> 
> 
>                Best
> 
> 
> 
>                Bill
> 
>              
> 
> 
>         --
>         Niels ten Oever
>         Head of Digital
> 
>         Article 19
>         www.article19.org <http://www.article19.org>
> 
>         PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                           678B 08B5 A0F2 636D 68E9
> 
>      
> 
> 
>     *************************************************************
>     William J. Drake
>     International Fellow & Lecturer
>       Media Change & Innovation Division, IPMZ
>       University of Zurich, Switzerland
>     [log in to unmask]
>     <mailto:[log in to unmask]> (direct), [log in to unmask]
>     <mailto:[log in to unmask]> (lists),
>       www.williamdrake.org <http://www.williamdrake.org>
>     /The Working Group on Internet Governance - 10th
>     Anniversary Reflections/
>     New book at http://amzn.to/22hWZxC
>     *************************************************************
> 
>      
> 
>  
> 

-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

PGP fingerprint    8D9F C567 BEE4 A431 56C4
                   678B 08B5 A0F2 636D 68E9

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