I think that the charter needs a philosophical preamble that states the purpose of ICANN and the role that the Internet plays in sustaining humanity and the advancement of humanity. That would form a foundation for which these issues should be tested.

I am computer programmer also and I tend to look at things like charters and policy and rules as if it were software. Software has a hierarchical structure just like law does, which I also see as software. The structure has layers and I'm thinking that if we focus some effort on the root layer that we can then be more successful down the tree getting the issues that Robin raised.

To give you an example of what I mean, here is the preamble to the US Constitution:

"We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America."

This is what I would call the root layer. It states the purpose of the Constitution. It is a philosophical layer that says who we are, what we are doing, and why we are doing it. The rest of the Constitution is what I would cal the system layer that establishes the skeletal structure of the government. It creates 3 branches, it creates a balance of power, defines the relationship between the government and the people.

My point - what Robin proposes focuses on the application layers when we should also focusing on the root and system layers.

ICANN needs a preamble.

On 7/5/2013 4:48 PM, Robin Gross wrote:

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Dear All,

In preparation to NCSG's participation at the ICANN #47 Meeting in Durban this month, I've collected the discussion topics suggested by NCSG Members for NCSG's discussion with the ICANN Board of Directors in Durban on 16 July. These are the suggested topics:

1.  Preserving ICANN's committment to the bottom-up community-led model for Internet governance.
2.  Handling of NCSG Request for Reconsideration of ICANN's adoption of "TM+50" policy for Trademark Clearinghouse despite contrary policy guidance from GNSO Council.
3.  Development of an inclusive outreach strategy / scaling participation in ICANN.
4.  GNSO Review / Restructuring - clarification of board's direction so as to align near-term efforts of SG and Constituencies.
5.  Concern over trend of policy movements toward censorship (control of Internet content via DNS).
6.  Article 29 Working Party Letter of 4 July 2013 that says ICANN's proposed RAA violates privacy rights of European citizens - earlier engagement of data protection officials.

I will send the above discussion topics to the board for our meeting with them in Durban.

Thanks,
Robin