Fwd: [Ncu-exec] Fwd: [governance] CONSENSUS CALL - JPA statement

[William Drake]

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" <ca at rits.org.br>
> Date: June 8, 2009 12:39:45 PM GMT+02:00
> To: "Non-Commercial Users Constituency Executive Committee & GNSO
> Reps. Discussion" <ncu-exec at ipjustice.org>, "Milton L Mueller" <mueller at syr.edu
> >
> Subject: Re: [Ncu-exec] Fwd: [governance] CONSENSUS CALL - JPA
> statement
> Reply-To: "Non-Commercial Users Constituency Executive Committee &
> GNSO Reps. Discussion" <ncu-exec at ipjustice.org>
>
> Yes, I think NCUC should endorse it.
>
> --c.a.
>
> -----Original Message-----
> From: Milton L Mueller <mueller at syr.edu>
> To: "Non-Commercial Users Constituency Executive Committee & GNSO
> Reps.
> Discussion" <ncu-exec at ipjustice.org>
> 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: ncu-exec-bounces at ipjustice.org
>> [mailto:ncu-exec-bounces at ipjustice.org] 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
>> <ian.peter at ianpeter.com<mailto:ian.peter at ianpeter.com>>
>> Date: June 5, 2009 11:54:35 PM GMT+02:00
>> To: "governance at lists.cpsr.org<mailto:governance at lists.cpsr.org>"
>> <governance at lists.cpsr.org<mailto:governance at lists.cpsr.org>>
>> Subject: [governance] CONSENSUS CALL - JPA statement
>> Reply-To:
>> governance at lists.cpsr.org<mailto:governance at lists.cpsr.org>,Ian Peter
>> <ian.peter at ianpeter.com<mailto:ian.peter at ianpeter.com>>
>>
>> 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
william.drake at graduateinstitute.ch
www.graduateinstitute.ch/cig/drake.html
***********************************************************

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