Thanks, Bill.

I think we should endorse the statement to NTIA since we haven't had a chance to file our own.

Thanks,
Robin


On Jun 8, 2009, at 4:00 AM, William Drake wrote:

I missed the suggestion below from Milton so am forwarding now.

The IGF Internet Governance Caucus, of which many of us here are members, is submitting comments to NTIA on the JPA.  Since we didn't manage to do our own, I asked whether it was possible for NCUC to sign on to the IGC's, and people seemed fine with that.  Unfortunately, comments are due today so we'd have to decide very quickly.  

Would it be possible to get quick consensus on endorsing the statement below, or should we just let it go?

Bill

Begin forwarded message:

From: "carlos a. afonso" <[log in to unmask]>
Date: June 8, 2009 12:39:45 PM GMT+02:00
To: "Non-Commercial Users Constituency Executive Committee & GNSO Reps. Discussion" <[log in to unmask]>, "Milton L Mueller" <[log in to unmask]>
Subject: Re: [Ncu-exec] Fwd: [governance] CONSENSUS CALL - JPA statement
Reply-To: "Non-Commercial Users Constituency Executive Committee & GNSO Reps. Discussion" <[log in to unmask]>

Yes, I think NCUC should endorse it.

--c.a.

-----Original Message-----
From: Milton L Mueller <[log in to unmask]>
To: "Non-Commercial Users Constituency Executive Committee & GNSO Reps.
Discussion" <[log in to unmask]>
Date: Sat, 6 Jun 2009 14:52:10 -0400
Subject: Re: [Ncu-exec] Fwd: [governance] CONSENSUS CALL - JPA statement

Sure, why not send this to the discuss list?

________________________________
From: [log in to unmask]
[mailto:[log in to unmask]] On Behalf Of William Drake
Sent: Saturday, June 06, 2009 7:48 AM
To: NCUC EC-Council List
Subject: [Ncu-exec] Fwd: [governance] CONSENSUS CALL - JPA statement

NCUC didn't manage amidst other stuff to do a statement on JPA.
Would we want to endorse the IGC statement?  I doubt anyone in IGC
would object.  But we'd have to decide quickly...

Just a thought, it'd be a small pity for NCUC to be silent.

BD

Begin forwarded message:


From: Ian Peter
<[log in to unmask]<mailto:[log in to unmask]>>
Date: June 5, 2009 11:54:35 PM GMT+02:00
To: "[log in to unmask]<mailto:[log in to unmask]>"
<[log in to unmask]<mailto:[log in to unmask]>>
Subject: [governance] CONSENSUS CALL - JPA statement
Reply-To:
[log in to unmask]<mailto:[log in to unmask]>,Ian Peter
<[log in to unmask]<mailto:[log in to unmask]>>

Below is the final statement we propose to send to DOC (and need to
submit by June 8). Please indicate YES or NO as regards your support
for this statement - if you have already indicated in the previous
draft a YES, there is no need to vote again (in the interests of
email flow). At this stage I am assuming we have a consensus for this
unless strong objections are raised in the next 48 hours.

At this stage no amendments can be accepted which changes the meaning
or emphasis of the text. However we can certainly consider simple
changes that clarify the expression if you feel strongly about them.

Thank you everyone for your participation!

DRAFT FOLLOWS


The Internet Governance Caucus is a global coalition of civil society
and non governmental organisations and individuals actively involved
the UN's Internet Governance Forum (IGF) process. Formed during the
lead up to the World Summit on the Information Society (WSIS), our
mission is to provide a forum for discussion, advocacy, action, and
for representation of civil society contributions in  Internet
governance processes. We have several hundred members, with a wide
spread of geographic representation; more about our coalition can be
found at www.igcaucus.org<http://www.igcaucus.org>.

We are thankful for the opportunity to comment on the Joint Project
Agreement (JPA) with ICANN, and  respectfully submit as  follows.

In responding to your call for comments, we are mindful of the WSIS
principles, which " recognize that Internet governance, carried out
according to the Geneva principles, is an essential element for a
people-centred, inclusive, development-oriented and
non-discriminatory Information Society". We also recognise the need
for high levels of global co-operation from all stakeholder groups to
ensure Internet stability and security.

On your question as regards the future of the JPA - The IGC firmly
believes that global co-operation will be enhanced by a transition
beyond the JPA to a situation where all stakeholders feel that they
have equitable arrangements for participation, that ICANN is subject
to due process procedures and is accountable to all stakeholders.
Therefore, the IGC believes that merely extending the current JPA
arrangement is not a lasting viable solution.

Some of us believe the JPA should be ended now, as it is an
ineffective mechanism to deal with the problems that must be resolved
to place ICANN on a viable long-term path forward. On the other hand,
some of us believe that a time-limited extension of the JPA might be
the most effective means to ensure that ICANN does take on board
necessary changes.

Irrespective of when the JPA actually ends however, the IGC believes
that it should be replaced by a new global accountability framework,
the development of which should commence as soon as possible in an
open, multistakeholder, transparent and inclusive process.

Also irrespective of whether the JPA continues or not, we believe
that certain principles outlined below need to be embedded in ICANN's
operation. We believe these should be covered by an undertaking by
ICANN to perpetuate in its constitution, by laws, or some similar
accountability mechanism, the principles which follow. The principles
need to be embedded in such a way as to ensure they cannot easily be
changed to exclude any stakeholder group. The principles which need
to be permanently embedded are:

*      bottom up co-ordination


*      balanced multi stakeholder representation, including civil
society interests and Internet users


*      ensuring the stability of the Internet


*      transparency


*      appropriate accountability mechanisms


*      continuing evolution of an effective and appropriate
governance model which is multilateral, multistakeholder, democratic,
and transparent


*      decision making driven by the public interest

We also propose to replace "private sector management" with
multistakeholder management, which has evolved from the World Summit
on the Information Society and the Internet Governance Forum process
which the US Government has supported, and which is an important
facet, we believe, of effective internet governance  arrangements.

We think the establishment of firm principles to guide the evolution
of a model is the appropriate way to proceed. This should explicitly
recognize that ICANN is a global governance institution with
regulatory authority over an industry (domain name registration) and
over critical resources (IP addresses, root servers and addresses).
The standards of due process, rights, and accountability that apply
to ICANN must be developed with these facts in mind.



Ian Peter and Ginger Paque, Co-coordinators, for the Internet
Governance Caucus
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***********************************************************
William J. Drake  
Senior Associate
Centre for International Governance
Graduate Institute of International and
  Development Studies
Geneva, Switzerland
***********************************************************





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