[icann-nominations] Support of nomination of Don Telage

[Tamar Frankel <tfrankel@bu.edu>]

Name: Tamar Frankel
e-mail: trankel@bu.edu
Employer: Boston University Law School
Person supported: Don Telage

I support Don Telage for the position of a director at large of ICANN. He
fits my view of ICANN's future shape and role. There are two main models of
directors, although in reality they are never "pure.". Directors can be
likened to judges-- above it all. They have no personal stake in the
organization and presumably no conflict of interest. Directors can be
likened to legislators: people who represent their own interests, which may
conflict with those of others, but who also share a strong interest in the
success of the organization. They reach decisions through negotiation and
compromise. 

Each model has its strengths and weaknesses. The judicial model is strong
for lack of conflicts of interest and for homogeneous membership, sharing
an aloof attitude that allows members to make an unbiased and principled
decision. This model is weak for lack of expertise.

The legislative model is strong in terms of expertise. It is weak because
members have conflicting interests among themselves and some may seek to
control (capture)  the organization. 

The board of ICANN seems to be shaping up along the second model, as a
forum for negotiations and compromise. By definition its members are not
homogeneous. Structurally they represent different regions and interests
(trademark interests, other business interests and technical interests,
different kinds of registrars) For better of for worse NSI will remain a
player.

I do believe, however, that Don Telage will play not merely a
self-interested role but a constructive role on the board. He has knowledge
of ICANN's history; he combines knowledge of the technical, business, and
political aspects of the system; and he is understands process and
compromise. Finally, perhaps in contrast to others, I do not view ICANN as
a competitor or regulator of NSI or of other interest group. It seems that
ICANN's role may evolve into exactly the legislative model: a place where
compromise among conflicting interests is being hammered out with changing
coalitions and respected leadership. I believe that Don Telage would
advance this role, and that is why I support his nomination.