All,
This is a short interjection. I am slowly working on a blog on this
topic, one that draws on the lessons learned from the International
Labour Organization (ILO), and lessons that may be of possible use
to ICANN.
The ILO is a tripartite (Government, Industry, labour) multilateral
organization created in 1919 as part of the Treaty of Versailles,
the treaty that ended World War I. In 1946 the ILO became the first
specialized agency of the UN. The ILO is on the ICANN IGO list https://forum.icann.org/lists/gnso-igo-ingo/pdfZkxNP6hsHB.pdf
along with the ITU and the Red Cross, but it is quite different
from both the ITU and the Red Cross.
As a tripartite structure it carries on multistakeholder discussion,
conducts research, and makes global recommendations around labour
standards, and then recommendations them to be ratified by
countries. Ratified International labour standards are backed by an
ILO supervisory system that is unique at the international level and
that helps to ensure that countries implement the conventions they
ratify. The ILO regularly examines the application of standards in
member states and points out areas where they could be better
applied. If there are any problems in the application of standards,
the ILO seeks to assist countries through social dialogue and
technical assistance.
It is increasingly the case that ICANN policy as formulated within
its remit will be impacted on by national and multilateral policy
decisions and practices that reside within Internet ecosystem but
reside outside ICANN's policy remit. This challenge is both larger
and more pervasive than whatever might be perceived as the
constraints on ICANN policy and implementation because of ICANN's
corporate nationality (i.e., where it legally resides). In a
sentence, going forward the ultimate challenge for ICANN goes beyond
how good is its DNS policy, how strong is its multistakeholder
process, and how well it is insulated against "capture". All of that
is of course crucially important, but it is not enough.
Beyond the effective pursue of policy within its remit, policy in
pursuit of a safe and secure, open, free, and global Internet
ecosystem, the remaining "elephant in the room" is how does ICANN
participate, as a stakeholder entity much as the ILO is a
stakeholder entity, in shaping national and multilateral policy
decisions and practices that reside within the Internet ecosystem
but reside outside ICANN's policy remit. This does not mean that
ICANN should expand its policy remit, nor is this issue resolved by
changing ICANN's legal residence. It does mean that ICANN is a
stakeholder entity, along side those stakeholders and stakeholder
entities that work with ICANN within its remit, and all are
stakeholders in wider Internet ecosystem policy and practice.
How this "ICANN as a stakeholder" challenge is translated into
action should be the focus of serious reflection. Bits and pieces
exist as seen in various IGF efforts, and in the original
NetMundial. The risks of inadequate reflection are seen in the
stumbling initiatives around the World Economic Forum (WEF) and a
new NetMundial Initiative, and -I might add- around how to deal with
ICANN's Governmental Advisory Committee (GAC) and the multilateral
International Telecommunications Union (ITU). One possible lesson
learned from the almost 100 years of the ILO is that ICANN, as a
self-interested stakeholder, should participate in that wider
multistakeholder discussion, assist with research, and play a role
in global recommendations around Internet ecosystem policy norms
(standards) that will be considered and ratified within countries
and within multilateral agreements. I do not, of course, expect
broad agreement to these ideas but I do hope that they help focus
some of the discussion around ICANN and the challenges of the wider
Internet ecosystem.
Sam Lanfranco, NPOC & Canadian Society for International Health
(CSIH)