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

Wed Jun 10 17:39:26 CEST 2009

Too late, oh well.

BD

Robin Gross wrote:
> 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" <ca at rits.org.br <mailto: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
>>> <mailto:ncu-exec at ipjustice.org>>, "Milton L Mueller"
>>> <mueller at syr.edu <mailto: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
>>> <mailto:ncu-exec at ipjustice.org>>
>>>
>>> Yes, I think NCUC should endorse it.
>>>
>>> --c.a.
>>>
>>> -----Original Message-----
>>> From: Milton L Mueller <mueller at syr.edu <mailto:mueller at syr.edu>>
>>> To: "Non-Commercial Users Constituency Executive Committee & GNSO Reps.
>>> Discussion" <ncu-exec at ipjustice.org <mailto: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>
>>>> [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><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><mailto:governance at lists.cpsr.org>"
>>>> <governance at lists.cpsr.org
>>>> <mailto: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><mailto:governance at lists.cpsr.org>,Ian
>>>> Peter
>>>> <ian.peter at ianpeter.com
>>>> <mailto: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><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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>>>>
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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
>> <mailto:william.drake at graduateinstitute.ch>
>> www.graduateinstitute.ch/cig/drake.html
>> <http://www.graduateinstitute.ch/cig/drake.html>
>> ***********************************************************
>>
>
>
>
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA  94117  USA
> p: +1-415-553-6261    f: +1-415-462-6451
> w: http://www.ipjustice.org     e: robin at ipjustice.org
> <mailto:robin at ipjustice.org>
>
>
>

--
***********************************************************
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
**********************************************************