Re: [ga] Comments on ICANN Reform Recommendations

[Sandy Harris <sandy@storm.ca>]

Kent Crispin wrote:
> 
> On Sun, Jun 02, 2002 at 02:25:13AM -0700, Sandy Harris wrote:
> >
> > I think the bottom line is that ICANN is a "public benefit" corporation.
> > Without a pausible plan to ensure that the public interest is adequately
> > respresented, it loses all legitimacy.
> 
> The legitimacy of a public benefit corporation does not in any way
> whatsoever depend on any form of representation of the public;

I said we need "to ensure that the public interest is adequately
represented". You said we don't need "representation of the public".
The difference is important. Both statements could be simultaneously
true. I'm not yet convinced yours is.

> a
> public benefit corporation is by definition a *private* entity that
> gets a particular tax status.  It has absolutely no obligation under
> the law to involve the public in its management or in any of its
> decision-making processes.
> 
> The way it works, basically, is that the directors and officers decide
> what the corporation does; and the state decides whether those
> activities are worthy of special tax status.  Under normal
> circumstances the state has absolutely nothing else to do with it, and
> neither does the general public.
> 
> That is, public representation is absolutely not necessary for ICANN to
> function as a completely legitimate public benefit corp, just like
> thousands and thousands of other corporations.

What is necessary is that it work in the public interest and, since it
is required by its charter to be "open and transparent", that it be
verifiably clear to all concerned that it is doing so.

The public interest will sometimes conflict with narrower interests. We
need a structure that makes it reasonable to expect the public interest
to win most such fights that may arise within ICANN. 

I think that means that at least half the board must represent the
public 
interest, rather than the narrower interests of the "stakeholder"
constituencies.
    
Directly or indirectly elected by the public? By some ICANN membership
defined so anyone interested can join? By some form of "public interest
group" constituency? All of those pose difficulties; any might work.
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