Draft comment on Cyber-Cafe constituency application for approval
klaus.stoll
klaus.stoll at CHASQUINET.ORG
Sat Dec 1 23:58:44 CET 2012
Dear Maria
Greetings. I have made my contribution in form of a paper that Prof. Michel Menou and myself had published some time ago but which seems still highly relevant on the subject. I had distributed and made available during ICANN 45. It’s attached again.
Yours
Klaus
From: Alain Berranger
Sent: Saturday, December 01, 2012 10:59 PM
To: NCSG-DISCUSS at LISTSERV.SYR.EDU
Subject: Re: AW: [NCSG-Discuss] Draft comment on Cyber-Cafe constituency application for approval
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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>
>
> --
> 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
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
Ce courriel est confidentiel et est à l’usage exclusif du destinataire ci-dessus. Toute personne qui lit le présent message sans en être le destinataire, ou l’employé(e) ou la personne responsable de le remettre au destinataire, est par les présentes avisée qu’il lui est strictement interdit de le diffuser, de le distribuer, de le modifier ou de le reproduire, en tout ou en partie . Si le destinataire ne peut être joint ou si ce document vous a été communiqué par erreur, veuillez nous en informer sur le champ et détruire ce courriel et toute copie de celui-ci. Merci de votre coopération.
CONFIDENTIALITY MESSAGE
This e-mail message is confidential and is intended for the exclusive use of the addressee. Please note that, should this message be read by anyone other than the addressee, his or her employee or the person responsible for forwarding it to the addressee, it is strictly prohibited to disclose, distribute, modify or reproduce the contents of this message, in whole or in part. If the addressee cannot be reached or if you have received this e-mail in error, please notify us immediately and delete this e-mail and destroy all copies. Thank you for your cooperation.
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