Draft Council letter on the ARR

Mon Jan 25 15:41:24 CET 2010

Indeed, it is the available record, or legislative history, or Travaux
Preparatoires that become a mechanism for clarification, study and
further discussion when necessary.

Roy Balleste

Law Library Director &

Associate Professor of Law

St. Thomas University Law Library

16401 NW 37th Avenue

Miami Gardens, FL 33054

305-623-2341

305-623-2337 (fax)

________________________________

From: Non-Commercial User Constituency
[mailto:NCUC-DISCUSS at LISTSERV.SYR.EDU] On Behalf Of Robin Gross
Sent: Friday, January 22, 2010 12:39 PM
To: NCUC-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: Draft Council letter on the ARR

I was against the Chatham Rule for IGF MAG and I'm against it in this
public governance institution.

Here is an example of why I think its a problem.   During my first year
on the MAG, I worked hard to try to get "human rights" as one of the
cross-cutting issues to address all themes.  A number of civil society
members on the MAG and a few govt folks also advocated for this and it
was about to pass.  Then, at the the last moment, a certain govt
official on the MAG (1 person representing a country with a tiny
population) said "no" to human rights as a cross-cutting issue and it
was DEAD.   Under these Chatham House Rules none of us can say what
single country blocked the topic of human rights from making it onto the
IGF agenda.

The next year, I tried again to get human rights as a main
theme/cross-cutting issue.   But due to the slowness of the UN in
re-appointing the MAG, the meeting at which this decision was being made
was open and so Chatham Rules did not apply.  Again a number of civil
society actors weighed in for human rights to be prominent in the
agenda.  But this year a different country, China, objected during this
open meeting, so human rights was once again nixed from the prominent
discussion topics.  But at least we can say it is because China objected
- there is some trail of accountability.   Under Chatham rules, we can't
say which small country objected the year before, so there will be no
accountability for that government from the people who live there (or
the rest of the world).  They don't even know their govt just killed
human rights in the agenda for global governance, and apparently we've
agreed to keep this dirty secret.  No.  Bad idea.

Robin

On Jan 22, 2010, at 2:10 AM, William Drake wrote:

Robin

Chatham doesn't make it secret, it just strips out the names of who said
what.  The content still comes out. Other SGs feel that's important to
them being able to participate (pertains mostly to inter-corporate
squabbling) and I don't think we could have gotten a consensus council
statement without it.  And that council statement does call for two way
info flow with AC/SOs, which was not in the staff proposal.  So less
than perfect transparency, but more than there'd have been otherwise.

Best,

Bill

On Jan 20, 2010, at 12:51 AM, Robin Gross wrote:

Thanks for sending this draft council letter around.  It is very good
except I do not agree that the review groups should operate under
Chatham House Rules on confidentiality.  It would certainly be a step
backward for a group that is to assess the openness and transparency of
ICANN to operate in this secret fashion and contrary to ICANN's promises
of openness and transparency.  Everything else in the letter looks good
however.

Thanks,

Robin

On Jan 19, 2010, at 8:15 AM, William Drake wrote:

Hi 

Please see the attached draft and let me know if you have any comments
etc.  Otherwise I'll propose a motion tomorrow...

Thanks,

Bill

<Draft GNSO Council response to the draft proposal on the Affirmation
Reviews Requirements and Implementation Processes.pdf>

Begin forwarded message:

From: "Gomes, Chuck" <cgomes at verisign.com>

Date: January 19, 2010 4:58:20 PM GMT+01:00

To: "William Drake" <william.drake at graduateinstitute.ch>, "GNSO Council
List" <council at gnso.icann.org>

Subject: RE: [council] Draft Council letter on the ARR

Please forward this to your SGs/Constituencies right away and request
feedback.  The Council will need to make a decision on whether to submit
the comments or some revised version of them in our 28 Jan meeting.  If
anyone wants to make a motion in that regard, motions are needed by
tomorrow, Wednesday, 20 January.

Chuck 

-----Original Message-----

	From: owner-council at gnso.icann.org 

	[mailto:owner-council at gnso.icann.org] On Behalf Of William Drake

	Sent: Tuesday, January 19, 2010 10:40 AM

	To: GNSO Council List

	Subject: [council] Draft Council letter on the ARR

	Hello,

	Attached please find the drafting team's proposed response to 

	the draft proposal on the Affirmation Reviews Requirements 

	and Implementation Processes, for discussion with our 

	respective SGs and in the Council.

	Best,

	Bill

***********************************************************
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

1192 Haight Street, San Francisco, CA  94117  USA

p: +1-415-553-6261    f: +1-415-462-6451

w: http://www.ipjustice.org <http://www.ipjustice.org/>      e:
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
***********************************************************

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

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