Draft comment on Cyber-Cafe constituency application for approval

[Brenden Kuerbis]

On Sat, Nov 17, 2012 at 11:21 AM, Avri Doria <avri at acm.org> wrote:

> Hi,
>
> I think that joint comment from the constituencies would be a good thing.
>


+1 Thanks Mary for your efforts!


---------------------------------------
Brenden Kuerbis
Internet Governance Project
http://internetgovernance.org






> Otherwise I would go for individual signatories.
> Which mean we would need people to say: "add my name"
>
> avri
>
> On 17 Nov 2012, at 12:26, Kadian Davis wrote:
>
> > Well put Mary! Agreed @ Maria I believe it should be submitted as a
> joint comment ie both ncuc/npoc.
> >
> > Best regards,
> >
> > Kadian Davis.
> >
> > On Sat, Nov 17, 2012 at 11:53 AM, Maria Farrell <maria.farrell at gmail.com>
> 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
> > 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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> >
> >
> >
> >
> > --
> > Kadian Davis
> >
> > "Mark the blameless man, and observe the upright; For the future of that
> man is peace" Psalm 37:37.
> >
>
>
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