Draft comment on Cyber-Cafe constituency application for approval

Sat Nov 17 23:23:15 CET 2012

The statement is well done, I agree wholeheartedly that CCAOI should be in
CSG or should work with the ISP constituency to
amend so they might be admitted there.

-Mike

On Sat, Nov 17, 2012 at 3:59 PM, Dan Krimm <dan at musicunbound.com> wrote:

> +1 -- add my name, and I also support a joint constituency statement.
>
> And I do think Alain's distinction between commercial cybercafe's and
> non-commercial PIAPs is a useful point to clarify "members and elements of
> CCAOI that are purely non-commercial" -- i.e., possibly add "for example,
> Telecentres operating as non-commercial Public Internet Access Points").
>
> Echoing the thanks for putting this together.
>
> Dan
>
>
> --
> Any opinions expressed in this message are those of the author alone and do
> not necessarily reflect any position of the author's employer.
>
>
>
> At 2:35 PM -0500 11/17/12, Wendy Seltzer 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/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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> >
> >
> >--
> >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/
>
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