[ga] Re: on politics and trust

["Peter Dengate Thrush" <barrister@chambers.gen.nz>]

Hi Jonathan
Thanks.
I assume this relates to ICP-1, and the allegations of changes to policy
without proper processes being followed.
The questions are simple, really.
1. Many people have pointed out that ICP-1 involves a change of policy. The
recent FAQ issued by the staff, one assumes without Board involvement,
contains some further nonsense.
This, despite the time it takes, is being dealt to by experts.

2. The board resolution only adopts the numbering system of ICP-1, not its
contents.

3. The question for the Board to satisfy itself is: do the contents of ICP-1
constitute new policy in any respect? Or, when they were first promulgated,
did they?

4.Knowing when that question is going to be considered by the Board will
ensure that those who argue that it does can place their material before the
board, to assist in answering that question. So far, I assume only staff
information, if any at all, has been provided.

5. If so, the Board is bound to follow the policy development programme of
the bylaws.

6. If not, then a clear statement can issue from the Board, with a right to
seek Review, and ultimately, a prospect of litigation. (You, as a lawyer,
will appreciate the lack of status a staff authored FAQ has in this
context).

7. The underlying question, though, is why is this conducted by the staff in
such an adversarial fashion? Even if the staff are correct -given the hue
and cry which it causes among the very people reluctant to sign contracts
with ICANN, why not put it up as a topic for discussion at a public forum?
Even the FAQ says there has been no even implementation on the point -what
would be lost by a (further) 3 to 6 month debate? What is the cause of this
underlying distrust of open processes? How can the board work to alleviate
that? Why is there no appreciation that Sabine and others are long serving
and responsible managers trusted by the international community, and that
on-side, they would be powerful allies?  Or, is 4 cctld contracts signed
under duress (and possibly voidable as a result) a satisfactory result for 4
years work?

8. I and others have been attempting to frame a place in ICANN for the
ccTLDs. The distrust and antipathy this sort of issue causes sets back that
process by years.

9. I'm not sure what you mean by "ramp the politics down" - what I mean by
"politics" is the making of policy. What I want is for that policy to be
made in a transparent, bottom-up consensus fashion by those affected.
Frankly, I think that kind of politics should be "ramped up"

10. I look forward to you and other board members tackling  these questions.

Regards


Peter Dengate Thrush
Senior Vice Chair
Asia Pacific TLD Association
----- Original Message -----
From: "Jonathan Cohen" <jcohen@shapirocohen.com>
To: "Peter Dengate Thrush" <barrister@chambers.gen.nz>;
<DannyYounger@cs.com>
Cc: <apisan@servidor.unam.mx>; <ga@dnso.org>
Sent: Wednesday, September 25, 2002 2:46 AM
Subject: RE: on politics and trust


> Peter I sent the letter to you so its in cyberspace somewhere..Who the
heck
> is running the internet anyway?!!(grin).
> I will pose your Questions to the ERC and to other Board members and see
if
> I can get you an answer.
> Jonathan
snip

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