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From:
matthew shears <[log in to unmask]>
Reply To:
matthew shears <[log in to unmask]>
Date:
Mon, 22 Aug 2016 09:09:23 +0100
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+ 1 Rafik


On 22/08/2016 01:04, Rafik Dammak wrote:
> Hi,
>
> we constantly advocate for long time for Human Right dimension  at 
> policy development in ICANN in generic names and we made a lot of 
> progress in the last years that really surprises me when I recall 
> reactions about the topic  in council till I left just 4 years.
>
> The inclusion in the bylaws can be seen as a success. I may understand 
> the concerns of some regarding how that can be interpreted by other, 
> if it has any unintended consequences or if the language is  enough 
> satisfactory but I don't see how that can be a blocking issue nor that 
> we should take a conservative position toward statu quo.
>
> we can and we are working on defining safeguards to mitigate the 
> risks, via the framework of interpretation in the workstream 2 and the 
> Human Rights subgroup. we need to  keep our commitment there with all 
> NCSG volunteers.
>
> we know by experience that we have to fight and work for the long run 
> and that the inclusion is just a stepping stone for more work to come.
>
> Best,
>
> Rafik
>
>
> 2016-08-20 16:55 GMT+09:00 William Drake <[log in to unmask] 
> <mailto:[log in to unmask]>>:
>
>     (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]
>>>     <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]
>>>     <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
>     *************************************************************
>
>

-- 
--------------
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 771 2472987



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