Draft comment on Cyber-Cafe constituency application for approval

Sun Nov 18 02:37:29 CET 2012

Given Avri's amendments, I support this statement on behalf of ISOC-NY.

I believe  non-commercial Public Internet Access Points may also have
a role within the NCUC.

On Sat, Nov 17, 2012 at 6:46 PM, Ginger Paque <gpaque at gmail.com> wrote:
> Add my name....
>
>
> Ginger (Virginia) Paque
>
> VirginiaP at diplomacy.edu
> Diplo Foundation
> Internet Governance Capacity Building Programme
> www.diplomacy.edu/ig
>
>
>
>
> On 17 November 2012 12:21, Avri Doria <avri at acm.org> wrote:
>>
>> Hi,
>>
>> I think that joint comment from the constituencies would be a good thing.
>> 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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