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NCSG-Discuss <[log in to unmask]>
X-To:
Robin Gross <[log in to unmask]>
Date:
Fri, 29 Aug 2014 15:20:08 +0400
Reply-To:
Grigori Saghyan <[log in to unmask]>
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Grigori Saghyan <[log in to unmask]>
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On 29.08.2014 2:52, Robin Gross wrote:
> I see no reason why authoritarian non-democratic governments
> deserve "equal footing" with legitimate democratic bottom-up
> processes.  Many in GAC are exactly this: non-democratic and
> authoritarian governments where the people are not allowed to
> govern themselves through free and fair elections.  These govt's
> have no legitimate right to claim they deserve "equal footing" to
> rule over anyone, let alone the DNS.
> 
> "Equal footing" might be a catchy slogan that sounds nice on its
> surface to those who care about equality.  But giving tyrannical
> govts "equal footing" to rule the root is a bad idea when you think
> it through.
> 
> Robin
> 
> 
> On Aug 28, 2014, at 3:08 PM, Avri Doria wrote:
> 
>> Signed PGP part Hi,
>> 
>> I think this is way overstated.
>> 
>> In no way does raising the bar from majority to supermajority
>> give them a veto.
>> 
>> I can accept being against it, even though I am not, but i see
>> no reason to call it something it is not.  It puts them on a par
>> with the GNSO.  You may not want this, but it is not a veto.
>> 
>> I personally don't see the big deal, but then again I believe in 
>> parity and equal footing.  And since it is something I demand for
>> us, I have trouble arguing against it for others.  I can't get
>> into the notion that equal treatment is good for us but not for
>> others, especially in a multistakeholder environment.
>> 
>> Let me repeat, supermajority is _not_ a veto.
>> 
>> And furthermore, it is not a veto by non democratic countries
>> since, believe it or not some of the democratic countries in the
>> GAC would have to participate in coming to consensus on the
>> advice.
>> 
>> Argue against it if you must, but don't blow it out of all
>> proportion. If nothing else if makes your comment easier to put
>> aside.  So even if I agreed with you I would argue against
>> calling it something it is not for a tactical reason.
>> 
>> avri
>> 
>> 
>> On 28-Aug-14 07:10, Robin Gross wrote:
>>> Hi all,
>>> 
>>> Below are my comments on the extreme proposal to amend ICANN's 
>>> bylaws to impose GAC "advice" on the Internet unless 2/3 of
>>> the non-conflicted members of ICANN's board (would there ever
>>> be such a number given the many board conflicts?) are able to
>>> oppose the GAC "advice" (why are we still calling it
>>> "advice"?)
>>> 
>>> I've also made a blog post to encourage others to post comments
>>> to the public forum here: http://bit.ly/1rBtbKl
>>> 
>>> I hope you all will consider weighing-in and standing-up for 
>>> freedom on the Internet by encouraging the board to reject
>>> this proposal that give non-democratic governments power over
>>> the Internet via ICANN's board.  It is a very important issue -
>>> perhaps one of the most important that ICANN has faced since
>>> its inception, so it is a major change and worth paying
>>> attention to.
>>> 
>>> Thank you, Robin
>>> 
>>> PS:  You can submit comments by sending an email to 
>>> [log in to unmask]
>> <mailto:[log in to unmask]>
>> Comment
>>> Deadline: 14 Sept. 2014 Reply Deadline: 6 Oct. 2014
>>> 
>>> Begin forwarded message:
>>> 
>>>> From: Robin Gross <[log in to unmask]
>> <mailto:[log in to unmask]>> Subject: Do Not Empower
>>>> Non-Democratic Governments' Control Over the Internet with
>>>> this Draconian "GAC Veto" on ICANN Board Decisions Date:
>>>> August 27, 2014 3:50:13 PM PDT To: 
>>>> [log in to unmask]
>> <mailto:[log in to unmask]> Bcc:
>> Robin
>>>> Gross <[log in to unmask] <mailto:[log in to unmask]>>
>>>> 
>>>> Dear ICANN,
>>>> 
>>>> This draconian proposal to change ICANN's bylaws would 
>>>> fundamentally transform ICANN away from being a "bottom-up"
>>>> and "private-sector-led" organization and into a
>>>> governmental regulatory agency by changing the GAC's role
>>>> from "advisory" into "primary decision maker" by essentially
>>>> creating a "governmental veto" on all key organizational
>>>> decisions.  This would mark a truly significant change in the
>>>> overall power structure at ICANN that would dramatically
>>>> empower national governments (some democratic, some
>>>> authoritarian) over the management of critical Internet
>>>> resources at the expense of those who participate in the
>>>> bottom-up policy development process.
>>>> 
>>>> This extreme proposal undermines any hope of a bottom-up
>>>> process for policy development at ICANN and kills the
>>>> incentive for volunteers to participate in ICANN since
>>>> governments will be empowered to veto the bottom-up policy
>>>> that was developed by years of hard work and painful
>>>> compromises on the part of all stakeholders.
>>>> 
>>>> Ironically, it is often ICANN's own board and staff who do
>>>> the most to undermine the "multi-stakeholder model for
>>>> Internet governance", and this proposal, if passed, would be
>>>> a prime illustration of that fact.  By making additional
>>>> concessions to GAC that give governments more power at ICANN,
>>>> the board would be relinquishing its responsibility to
>>>> provide oversight of the organization's operations.  And
>>>> since so many non-GAC board members are "conflicted" on
>>>> issues that are of greatest significance to the org's work,
>>>> in reality it will take far more than 2/3 of the board to
>>>> resist the mandatory imposition of GAC "advice" by ICANN.
>>>> There is nothing to prevent GAC from becoming a voting body
>>>> that imposes its majority will on the entire Internet via the
>>>> ICANN board; and this bylaws change would certainly
>>>> incentivize such a reaction from GAC.  Since ICANN claimed in
>>>> its recent determination of the BGC Reconsideration Request
>>>> 14-35 (which refused to release any information about GAC 
>>>> policy deliberations) that GAC is not a part of ICANN, it is 
>>>> inexplicable why ICANN would choose to give what it claimed
>>>> in its determination is NOT a part of ICANN the predominate
>>>> decision making position on the ICANN Board of Directors.
>>>> That is quite a quiet transfer of power and resources "away
>>>> from ICANN" to a non-accountable, non-transparent,
>>>> non-bottom-up, non-private-sector-led organization over the
>>>> management of critical Internet resources.
>>>> 
>>>> It should not be forgotten that many of the governments who 
>>>> participate within the GAC are not democratically elected; 
>>>> meaning citizens in those countries do not have free and
>>>> fair elections in which people govern themselves; meaning
>>>> those governments are not bottom-up; meaning those
>>>> non-democratic governments are illegitimate in their
>>>> authority and have no right to demand a decision making role
>>>> over anyone, let alone the entire world via the ICANN board.
>>>> 
>>>> Why ICANN would voluntarily choose to empower non-democratic 
>>>> governments with an even greater say over global Internet 
>>>> policies as this bylaws change would do is anyone's guess.
>>>> 
>>>> One of the most precious aspects of the Internet is the
>>>> ability of activists and the disenfranchised to communicate
>>>> with the world outside from an authoritarian government''
>>>> control by using the Internet.  This bylaws proposal, if
>>>> passed, will ultimately stifle use of the Internet for both
>>>> disenfranchised people and those who live in democracies but
>>>> will still be governed by the GAC via this ICANN Board
>>>> "veto".  Unfortunately many governments view the Internet
>>>> either as a threat to their control of their citizens, or as
>>>> a powerful tool that enables their control of their citizens
>>>> - this is true in both democracies and non-democracies, and
>>>> that stifling view will be recklessly empowered by the
>>>> adoption of this bylaws change.
>>>> 
>>>> This is a truly dangerous proposal that would send the
>>>> Internet back towards the dark ages when the Crown controlled
>>>> access to printing presses and what information was allowed
>>>> to spread. For the ICANN Board to empower non-democratic
>>>> governments by approving this bylaws change would be among
>>>> the worst damage done to the health and growth of the free
>>>> and open Internet since it was created.  The ICANN Board
>>>> should recognize its obligation to promote democracy and
>>>> protect everyone's use of the Internet, but especially the
>>>> disenfranchised by not empowering authoritarian governments'
>>>> control of the Internet with the adoption of this draconian
>>>> bylaws change.
>>>> 
>>>> Thank you, Robin Gross
>>>> 
>>>> Note:  I am a member of the Executive Committee of ICANN's 
>>>> Non-Commercial Stakeholder Group (NCSG), but submit this
>>>> comment solely in my personal capacity.
>>> 
>>> 
>> 
>> 
>> 
> 


- -- 
Grigori Saghyan
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