AW: [NCSG-Discuss] Draft comment on Cyber-Cafe constituency application for approval

Sat Dec 1 22:59:40 CET 2012

Sorry for belated response, Maria:

Given the very reasonable time that NPOC members have now had and the
support for that statement by Olévié (from Togo, Afrique de l'Ouest) where
telecentres and cyber cafés are very important for many underserviced
communities) and myself, with the rest of the NPOC Constituency having
remained silent (which I consider tacit approval on a non-objection basis),
I can comfortably say that NPOC supports Maria's statement.

Best, Alain

On Sun, Nov 18, 2012 at 5:09 AM, Maria Farrell <maria.farrell at gmail.com>wrote:

> +1 from me.
>
> Alain - can you bring along the rest of your constituency in time for the
> deadline or add your support post hoc?
>
> Maria
>
>
> On 18 November 2012 10:01, "Kleinwächter, Wolfgang" <
> wolfgang.kleinwaechter at medienkomm.uni-halle.de> wrote:
>
>> +1
>>
>> wolfgang
>>
>>
>> ________________________________
>>
>> Von: William Drake [mailto:william.drake at UZH.CH]
>> Gesendet: So 18.11.2012 10:20
>> An: NCSG-DISCUSS at LISTSERV.SYR.EDU
>> Betreff: Re: [NCSG-Discuss] Draft comment on Cyber-Cafe constituency
>> application for approval
>>
>>
>>
>> + 1
>>
>> Bill
>>
>> On Nov 17, 2012, at 20:35, Wendy Seltzer <wendy at SELTZER.COM> wrote:
>>
>> > Thanks Mary,
>> > I'd support this individually, and like the approach of a joint
>> > NCUC/NPOC comment (or later endorsement, depending on timing).
>> >
>> > --Wendy
>> >
>> > On 11/17/2012 11:53 AM, Maria Farrell wrote:
>> >> Does it make sense, then, to submit the piece as a joint ncuc/npoc
>> comment,
>> >> and not an ncsg one?
>> >>
>> >> I'd support that, as an ncuc member.
>> >>
>> >> On 17 November 2012 15:39, Alain Berranger <alain.berranger at gmail.com
>> >wrote:
>> >>
>> >>> Hi Mary,
>> >>>
>> >>> Thanks a lot for an excellent statement.
>> >>> On a personal basis, I agree with much of the spirit of your proposed
>> >>> comment and take the opportunity to run it by NPOC-voice to solicit
>> an NPOC
>> >>> wide view. However, as Avri points out, the NCSG-EC has to decide on a
>> >>> recommendation to the Board as per the timeline Robin indicated. So,
>> it
>> >>> seems inappropriate for NCSG-EC to make a public comment at this early
>> >>> stage such as the one you suggest or any other one for that matter,
>> as it
>> >>> would essentially have the effect of making a decision regarding the
>> >>> application during the public comment period.
>> >>>
>> >>> There are 2 points I would like to raise:
>> >>>
>> >>> 1) telecentres for social purposes, usually located in schools,
>> clinics,
>> >>> community centers, remote villages, etc... - for instance see
>> >>> http://www.telecentre.org/ for a look inside the Telecentre movement
>> -
>> >>> are non-commercial public access Internet points (PIAPs) while
>> cybercafés
>> >>> are essentially commercial, even if located in very poor and under
>> serviced
>> >>> areas, because they are mostly entrepreneurial in their organization,
>> with
>> >>> a livelihood or profit making purpose. The former could be housed in
>> NCSG
>> >>> (as Members) while the latter could be welcomed into CSG.
>> >>> 2) we should distinguish between the proponent and it's adequacy to
>> be the
>> >>> leader of the creation of a new constituency and the need for a new
>> >>> constituency. If it is confirmed that there is a need for some kind
>> of a
>> >>> new constituency, then NCSG-EC has to also decide on it's
>> recommendation
>> >>> regarding if  the proponent is likely to adequately lead the creation
>> of
>> >>> that new constituency.
>> >>>
>> >>> I hope this helps! Alain
>> >>>
>> >>>
>> >>> On Saturday, November 17, 2012, wrote:
>> >>>
>> >>>> Hello everyone,
>> >>>>
>> >>>> Since today is the last day for public comment on the proposed new
>> >>>> cybercafe constituency and nothing has been sent in, I took the
>> liberty of
>> >>>> composing something brief that I hope members can approve. I've done
>> so as
>> >>>> many members have expressed firm opinions about this issue, and it is
>> >>>> important that NCSG sends in a comment, especially since the group is
>> >>>> applying to join NCSG.
>> >>>>
>> >>>> The proposed comment follow; if there is no objection by the end of
>> the
>> >>>> day, I propose to file it on behalf of NCSG. Thanks everyone!
>> >>>>
>> >>>> "The Non-Commercial Stakeholder Group (NCSG) is pleased to see that
>> >>>> there is increased interest from developing regions in ICANN
>> participation.
>> >>>> Having long been the most-diverse (geographically and ethnically)
>> >>>> stakeholder group within not just the GNSO but ICANN as well, we have
>> >>>> always made outreach, accessibility and engagement part of our
>> mission and
>> >>>> have as a result welcomed numerous new individual and organizational
>> >>>> members from across the globe into our membership, including through
>> the
>> >>>> GNSO's newest constituency, the Not for Profit Operational Concerns
>> (NPOC)
>> >>>> constituency.
>> >>>>
>> >>>> There is consensus in the NCSG - from both NPOC and Non-Commerciaul
>> >>>> Users Constituency (NCUC) members - that the new CCAOI application
>> for
>> >>>> constituency status belongs not in the NCSG but in the Commercial
>> >>>> Stakeholders Group (CSG). We have carefully reviewed all the
>> documents and
>> >>>> information provided in the CCAOI's application, and believe that it
>> is a
>> >>>> commercial organization whose operations do not fit within NCSG's
>> formal
>> >>>> charter or objectives.
>> >>>>
>> >>>> The CCAOI's stated reason for applying to join NCSG is that it is a
>> >>>> non-profit organization which among its activities promotes public
>> interest
>> >>>> goals of education and access. While non-profit organizations are
>> members
>> >>>> of NCSG's NPOC constituency, NPOC members must first and continue to
>> be
>> >>>> NCSG members as well, i.e., remain resolutely non-commercial in their
>> >>>> focus. The fact that individual cybercafes within the wider CCAOI
>> >>>> organization may not charge fees to their users does not by itself
>> make
>> >>>> either these cybercafes or the CCAOI itself a non-commercial
>> organization.
>> >>>> Rather, we note from its application that its members include also
>> >>>> "e-commerce service providers", "Internet solution providers" and
>> >>>> entrepreneurs, and its plans include the use of a mobile payment
>> platform
>> >>>> to alleviate the problem of low credit card usage and cash safety.
>> >>>>
>> >>>> We therefore believe that the proper place within the current GNSO
>> >>>> framework for CCAOI is the CSG. The fact that the CSG's rigid
>> constituency
>> >>>> structures may mean that CCAOI could potentially belong to either the
>> >>>> Internet Service Providers (ISP) constituency or the Business
>> Constituency
>> >>>> (BC), or that either of these groups may need to modify its charter
>> to
>> >>>> allow a commercial organization of CCAOI's nature to apply, is not
>> NCSG'
>> >>>> concern or issue. Similarly, if the GNSO's own structure requires
>> change in
>> >>>> order to accommodate a diverse organization such as CCAOI, it is not
>> a
>> >>>> solution to just put them in the NCSG simply because we are the most
>> >>>> flexible and open GNSO stakeholder group. These limitations are
>> problems
>> >>>> that are neither the fault of CCAOI or NCSG, and should if necessary
>> be
>> >>>> addressed by the GNSO as a whole and perhaps also the ICANN Board's
>> own
>> >>>> Structural Improvements Committee (SIC), who had worked with the
>> fledgling
>> >>>> NCSG to develop a charter that reflected non-commercial values and
>> >>>> interests.
>> >>>>
>> >>>> Should this not be feasible, NCSG believes that those members and
>> >>>> elements of CCAOI that are purely non-commercial could individually
>> join
>> >>>> NCSG. As a representative organization that has clearly commercial
>> sources
>> >>>> of funding and for-profit members, however, CCAOI as it is currently
>> >>>> constituted clearly does not belong within NCSG.
>> >>>>
>> >>>> Respectfully submitted,
>> >>>>
>> >>>> The Non-Commercial Stakeholder Group"
>> >>>>
>> >>>>
>> >>>>
>> >>>> Mary W S Wong
>> >>>> Professor of Law
>> >>>> Director, Franklin Pierce Center for IP
>> >>>> Chair, Graduate IP Programs
>> >>>> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
>> >>>> Two White Street
>> >>>> Concord, NH 03301
>> >>>> USA
>> >>>> Email: mary.wong at law.unh.edu
>> >>>> Phone: 1-603-513-5143
>> >>>> Webpage: http://www.law.unh.edu/marywong/index.php
>> >>>> Selected writings available on the Social Science Research Network
>> (SSRN)
>> >>>> at: http://ssrn.com/author=437584
>> >>>
>> >>> --
>> >>> Alain Berranger, B.Eng, MBA
>> >>> Member, Board of Directors, CECI, http://www.ceci.ca <
>> http://www.ceci.ca/> <
>> http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
>> >>> Executive-in-residence, Schulich School of Business,
>> www.schulich.yorku.ca
>> >>> Treasurer, Global Knowledge Partnership Foundation,
>> www.gkpfoundation.org
>> >>> NA representative, Chasquinet Foundation, www.chasquinet.org
>> >>> Chair, NPOC, NCSG, ICANN, http://npoc.org/
>> >>> O:+1 514 484 7824; M:+1 514 704 7824
>> >>> Skype: alain.berranger
>> >>>
>> >>>
>> >>> AVIS DE CONFIDENTIALITÉ
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>> Merci de
>> >>> votre coopération.
>> >>>
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>> >
>> > --
>> > Wendy Seltzer -- wendy at seltzer.org +1 617.863.0613
>> > Fellow, Berkman Center for Internet & Society at Harvard University
>> > Visiting Fellow, Yale Law School Information Society Project
>> > http://wendy.seltzer.org/
>> > https://www.chillingeffects.org/
>> > https://www.torproject.org/
>> > http://www.freedom-to-tinker.com/
>>
>
>

-- 
Alain Berranger, B.Eng, MBA
Member, Board of Directors, CECI,
http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/>
Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca
Treasurer, Global Knowledge Partnership Foundation, www.gkpfoundation.org
NA representative, Chasquinet Foundation, www.chasquinet.org
Chair, NPOC, NCSG, ICANN, http://npoc.org/
O:+1 514 484 7824; M:+1 514 704 7824
Skype: alain.berranger

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