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[ALAC] Comment on NCSG Charters

Adam, on the Euro-Discuss list, you had the
following quote, and I think (but am not sure)
that it is the one that you quoted during the ALAC meeting this week.

" We also may differ from some of the current
constituencies on how the GNSO should evolve
after the new structure is implemented. As noted
in the BGC report, the process for forming new
constituencies has been in the By-Laws as long as
the GNSO has existed. But it has never happened,
presumably due to the (real or perceived) heavy
burden of ³self-forming² and then ongoing
management. Within the new structure, it may be
even more difficult, due to a potential for the
existing constituencies to believe that they can
represent all viewpoints, thus eliminating the
need for new constituencies." And goes on to make
comments about how constituencies can be created
without the barriers we've seen in the past.

By summarizing the next part in one sentence
eliminates some of the key issues. It says:
So expecting a group to self-form and become a
new GNSO constituency is expecting a lot. If it
is to happen at all, there are several things that must facilitate this:
. ICANN (and the stakeholder groups) will have to
make it as easy as possible to create and operate
new constituencies. The requirements they must
meet must be reasonable and applied with consistency.
. These new entities must feel comfortable that
they will be able to participate in the Policy
Development Process as discretely identifiable
bodies, at a level comparable to (and not
subservient to) the long-established players (of
course factoring in size). Without that
guarantee, there is little reason for them to
make the considerable effort needed to enter into GNSO processes.
. The new addition level of hierarchy moving from
GNSO->¨Constituency to GNSO->¨Stakeholder
Group¨Constituency (or as per the consensus
proposal GNSO->¨House->¨Stakeholder
Group->¨Constituency) must be managed to minimize
the need for additional complexity and additional
volunteer effort. Thin layers will be, in our opinion, absolutely mandatory.
If the above can be accomplished within the new
Non-commercial Stakeholders Group, the
non-commercial rebirth envisioned in section 5.3
of the BGC report may actually happen.

The second bullet is crucial. In my mind (and I
don't expect to alter your views or those of the
NCUC folks who drafted it), the NCUC-proposed
NCSG charter does not come close to satisfying
the second bullet. I believe that charter sets
too high a threshold to getting the views of a
new constituency to be voiced on Council. The
SIC-proposed charter addresses this by allowing
the Board to select some Councillors until such
time as the new players in the NCSG can
participate in the drafting of the longer-term
rules for selecting councillors. That is
absolutely key to attracting those new people
into the game. By having the flat model that was
proposed by the NCUC, you have the need to a
small new constituency (or interest group) to
convince others that their ideas merit support, a
potentially difficult thing to do it those ideas
do not support the established thinking (and I am
reminded on the radically differing views on
Whois by those who advocate privacy and those who
are looking at consumer protection issues).

The SIC proposal also removed the possibility of
capture, and issue that did not arise until the
early NCSG charter drafts (and one that is
present in the CyberSecurity draft as well). I
honestly don't know if that issue was raised in a
formal ALAC statement (I haven't had the chance
to check), but it was continually raised in
public and private discussions with the NCUC.

In the end, once everyone is at the table, the
final NCSG charter may look very similar to the
NCUC proposal, and if some that is fine. As long
as any new constituencies have had a chance to participate in the discussion.

Alan
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[ALAC] Comment on NCSG Charters

Alan, I don't think you and I are going to agree
on the relative merits of the SIC/Staff and NCUC
proposed charters, and as we move forward I don't
think the NCUC draft matters much, at least not
at the moment.

I think the NCUC proposal superior, but that's a
bit irrelevant as there's really only one draft
charter put before us and that's from SIC, online

and copy attached.

There's been a lot of comment critical of the
SIC, and given that I expect (hope) discussion
will continue towards/in Seoul (and perhaps then
the NCUC draft will come back into play.) But
for now I think we would do well to start again
and decide what it is we want from the
Non-Commercial Stakeholder Group, where the SIC
draft meets those needs and where it fails.

ALAC's opinion on this will be valued, it's seen
I think as an issue we should have competency on.
We should make an effort to read the proposal and
understand what's at issue.

Some things I want from the eventual working NCSG:

That the barriers to participation are low, new
actors can join easily with minimum of obstacles
and delay.
Processes/structures follow the bottom-up
stakeholder driven model, are consistent and
transparent.
Interested individual Internet users to have a
voice in policy development and selection of GNSO
council representatives.

I agree with you about the need to protect against capture.

Thanks,

Adam

At 7:55 PM -0400 7/30/09, Alan Greenberg wrote:
>Adam, on the Euro-Discuss list, you had the
>following quote, and I think (but am not sure)
>that it is the one that you quoted during the
>ALAC meeting this week.
>
>
>" We also may differ from some of the current
>constituencies on how the GNSO should evolve
>after the new structure is implemented. As noted
>in the BGC report, the process for forming new
>constituencies has been in the By-Laws as long as
>the GNSO has existed. But it has never happened,
>presumably due to the (real or perceived) heavy
>burden of ³self-forming² and then ongoing
>management. Within the new structure, it may be
>even more difficult, due to a potential for the
>existing constituencies to believe that they can
>represent all viewpoints, thus eliminating the
>need for new constituencies." And goes on to make
>comments about how constituencies can be created
>without the barriers we've seen in the past.
>
>By summarizing the next part in one sentence
>eliminates some of the key issues. It says:
>So expecting a group to self-form and become a
>new GNSO constituency is expecting a lot. If it
>is to happen at all, there are several things
>that must facilitate this:
>. ICANN (and the stakeholder groups) will have
>to make it as easy as possible to create and
>operate new constituencies. The requirements
>they must meet must be reasonable and applied
>with consistency.
>. These new entities must feel comfortable that
>they will be able to participate in the Policy
>Development Process as discretely identifiable
>bodies, at a level comparable to (and not
>subservient to) the long-established players (of
>course factoring in size). Without that
>guarantee, there is little reason for them to
>make the considerable effort needed to enter
>into GNSO processes.
>. The new addition level of hierarchy moving
>from GNSO->¨Constituency to GNSO->¨Stakeholder
>Group¨Constituency (or as per the consensus
>proposal GNSO->¨House->¨Stakeholder
>Group->¨Constituency) must be managed to
>minimize the need for additional complexity and
>additional volunteer effort. Thin layers will
>be, in our opinion, absolutely mandatory.
>If the above can be accomplished within the new
>Non-commercial Stakeholders Group, the
>non-commercial rebirth envisioned in section 5.3
>of the BGC report may actually happen.
>
>The second bullet is crucial. In my mind (and I
>don't expect to alter your views or those of the
>NCUC folks who drafted it), the NCUC-proposed
>NCSG charter does not come close to satisfying
>the second bullet. I believe that charter sets
>too high a threshold to getting the views of a
>new constituency to be voiced on Council. The
>SIC-proposed charter addresses this by allowing
>the Board to select some Councillors until such
>time as the new players in the NCSG can
>participate in the drafting of the longer-term
>rules for selecting councillors. That is
>absolutely key to attracting those new people
>into the game. By having the flat model that was
>proposed by the NCUC, you have the need to a
>small new constituency (or interest group) to
>convince others that their ideas merit support,
>a potentially difficult thing to do it those
>ideas do not support the established thinking
>(and I am reminded on the radically differing
>views on Whois by those who advocate privacy and
>those who are looking at consumer protection
>issues).
>
>The SIC proposal also removed the possibility of
>capture, and issue that did not arise until the
>early NCSG charter drafts (and one that is
>present in the CyberSecurity draft as well). I
>honestly don't know if that issue was raised in
>a formal ALAC statement (I haven't had the
>chance to check), but it was continually raised
>in public and private discussions with the NCUC.
>
>In the end, once everyone is at the table, the
>final NCSG charter may look very similar to the
>NCUC proposal, and if some that is fine. As long
>as any new constituencies have had a chance to
>participate in the discussion.
>
>Alan _______________________________________________
>ALAC mailing list
>ALAC@atlarge-lists.icann.org
>http://atlarge-lists.icann.org/mailman/listinfo/alac_atlarge-lists.icann.org
>
>At-Large Online: http://www.atlarge.icann.org
>ALAC Working Wiki: http://st.icann.org/alac