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Subject:
From:
Niels ten Oever <[log in to unmask]>
Reply To:
Niels ten Oever <[log in to unmask]>
Date:
Fri, 26 Aug 2016 13:01:12 +0200
Content-Type:
text/plain
Parts/Attachments:
text/plain (705 lines)
Dear Ed,

Another week has gone by. These questions have been open for quite a
while now, just like the elections. I would like to ask you again to
answer these questions, because I think this is part of your obligations
as a councilor as well as a candidate.

Best,

Niels

On 08/22/2016 06:53 PM, Niels ten Oever wrote:
> 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
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