Thanks, Carlos, and thanks to your government,


Norbert Klein
Cambodia

On 02/11/2015 06:02 PM, Carlos Afonso wrote:
> Below is the statement by the government of Brazil (Jandyr), in this
> morning's GAC session.
>
> frt rgds
>
> --c.a.
>
> ============
>
> Brazil - At the outset let me take this opportunity to praise ICANN
> for the cross-community efforts currently being undertaken in the
> field of the IANA stewardship transition and ICANN’s accountability.
>
> I’m compelled however to reiterate some general concerns that the
> Government of Brazil has already expressed in the context of the CWG
> and the CCWG.
>
> And today let me focus in only one of those concerns, which regards
> the concept of jurisdiction.
>
> In our view, this subject hasn’t deserved the appropriate attention so
> far, even though it should be a key aspect of ICANN’s accountability
> process.
>
> As Ira Magaziner pointed out at the opening ceremony of ICANN 52, and
> I quote: “ ONE OF THE THINGS WE SET UP IN ICANN WAS THAT IT WOULD BE
> SELF-FINANCING BECAUSE THAT WAY IT WOULD AVOID CAPTURE BY GOVERNMENTS
> OR BY COMMERCIAL INTERESTS”.
>
> In our view, however, despite recognized efforts to spread its
> operational functions across the globe, ICANN still remains both US
> and business-centric, which is not exactly what we, as a developing
> country, would expect from an organization that should be truly global
> and serve the global public interest.
>
> That being said, we suggest that when the CWG and the CCWG seek for
> legal advice for their work, they should explore modalities that would
> allow ICANN’s operations and accountability mechanisms to be as
> independent as possible from a single country's legislation and/or
> judicial institutions.
>
> It might defeat the purpose for which new and more robust
> accountability measures are to be implemented if they do not
> contribute to strengthen stakeholders’ perception – in particular of
> governments – that ICANN is evolving towards a truly global organization.
>
> We are sailing unchartered waters in here and innovative
> multistakeholder models will certainly be necessary.
>
> Perhaps when dealing with such a complex issue we should be as
> creative as those who invented the Internet.
>
> But we believe we have no option since properly handling the issue of
> jurisdiction will both strengthen ICANN and the multistakeholder model
> in which Internet Governance has successfully developed so far.