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

Mon Jun 8 20:54:53 CEST 2009

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>
>> 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
> ***********************************************************
>

IP JUSTICE
Robin Gross, Executive Director
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