Re: [ga] To: ga@dnso.org

[Karl Auerbach <karl@cavebear.com>]

On Wed, 29 May 2002, Peter Dengate Thrush wrote:

> Have to disagree with Karl and Bret on this one. Despite the tone of Joe's
> message the point is generally correct . ( Of course, I can make no comment
> on all the references to US law, and US institutions, which are analogies
> largely lost on we non-US list members.)
> 
> But attempts to make people, yes, including  Board members, to think and
> discuss in public are wrong headed, and doomed to failure if attempted.

In a private situation I'd be agreeing with you.

In a private organization, the balance between openness/transparency and 
the need for smooth functioning tends to give weight to the latter over 
the former.

And I completely understand the need for there to be space for hard 
positions to be softened so that compromises may be reached.  But those 
are special spaces that ought to be the exception rather than the norm.

ICANN is a public-benefit organization.  Efficiency is not ICANN's highest
goal, process is at least as important as the result, and public
acceptance of decisions is as important as the decisions themselves.

ICANN was established on an explicit principle of open/transparent
procedures.

There are people who can, and there are people who can not, work in an 
open environment.

The interim board chose to say that "open" means "closed" and
"transparent" means "opaque".

They should have, instead, simply said that they could not perform
according to the ground rules and stepped aside to allow someone else who
could.

If ICANN wants to have closed meetings then it ought to honestly amend
paragraph 4 of its Articles of Incorporation and repeal Article III
Section 1 of its bylaws:

 Articles of Incorporation:

  4. The Corporation shall operate for the benefit of the Internet 
  community as a whole, carrying out its activities in conformity with relevant 
  principles of international law and applicable international conventions 
  and local law and, to the extent appropriate and consistent with these 
  Articles and its Bylaws, through open and transparent processes that 
                           ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
  enable competition and open entry in Internet-related markets. To this 
  effect, the Corporation shall cooperate as appropriate with relevant 
  international organizations.


 By-laws:

  ARTICLE III: TRANSPARENCY AND PROCEDURES

  Section 1. GENERAL

  The Corporation and its subordinate entities shall operate to the 
  maximum extent feasible in an open and transparent manner and consistent with 
  procedures designed to ensure fairness.

	--karl--


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