RE: [wg-review] Intake from the GA ML

["Rod Dixon, J.D., LL.M." <rod@cyberspaces.org>]

I think we all agree that as a practical matter your points are correct. Of
course, for those who have observed the growth and devleopment of
organizations, we might also agee that it is highly likely that as the
current Internet governance structure becomes entrenched, it will take on a
life of its own, and it will be more difficult to alter or remove it for
something better. Hence, I do not think it wise at all for this WG to
express support for permanent congressional oversight of ICANN.

In fact, I think the U.S. Congress might need to reconsider whether the U.S.
has sufficiently removed itself from the Internet governance business in the
first instance. That is not to say, however, that ICANN's current activities
do not require DoC or congressional scrutiny. The current framework seems to
provide for such scrutiny, and there seems to be significant need for it. In
that respect, we might want to recommend that this oversight be extended for
a temporary time period while ICANN undergoes a self-study on governance.

Rod

www.cyberspaces.org
rod@cyberspaces.org


> -----Original Message-----
> From: brianappleby@netscape.net [mailto:brianappleby@netscape.net]
> Sent: Monday, April 09, 2001 12:54 PM
> To: rod@cyberspaces.org
> Cc: terastra@terabytz.co.nz; brianappleby@netscape.net; jo-uk@rcn.com;
> webmaster@babybows.com; wg-review@dnso.org
> Subject: Re: [wg-review] Intake from the GA ML
>
>
>
> Dear Working Group Compatriots,
>
> My thoughts lean towards the pragmatic and simplistic but I don’t
> think that is a negative in this case.
>
> What is lacking in ICANN is accountability and responsibility.
>
> As the child of the Dept. of Commerce, ICANN is only currently
> and ultimately accountable to the US federal government.  Just
> because we don’t want it to be this way in the future does not
> make it untrue today.
>
> Who created ICANN?
>
> Who has the power to fundamentally alter it?
>
> Who can replace if it is necessary?
>
> Most importantly, who can force ICANN to live up to the promises it made?
>
> If I don’t answer these rhetorical questions here it will
> probably cause confusion: it is the US government.
>
> Many of the problematic issues we now suffer with were raised and
> addressed during testimonies to US Congress.  (I can hunt down
> the links but I’m sure others have them on very handy and can
> share their references).
>
> Roughly and simply from memory, ICANN leaders promised to open up
> elections for the BoD seats on a specific time frame.  A promise
> which was not lived up to and indeed is in jeopardy with the
> clean-slate review of the @Large membership/elections policies.
>
> Promises were made to US Congress that open competition would
> prevail, replacing the monopoly relationship ICANN had (still
> has) with NSI.  Another promise which came up short.
>
> Promises were made before approval was granted (or lack of
> dis-approval) but where is Congress now that the promises they
> received have become lies and empty words?
>
> The US government has a role to play to help set things right
> again so that many of the sub-issues can be dealt with as they
> should have been in the first place.  An obvious example is the
> requirement of ensuring new constituencies are taken seriously
> and allowed to be recognized as legitimate, having gone through
> the prescribed process outlined in ICANN’s own rulebooks.
>
> I’m not saying the US government should take control.  But they
> can make sure ICANN follows the rules.
>
> The people, everyone everywhere, should have top authority and
> priority for all future Internet policy decisions and
> organizational requirements.  I’m saying Congress should do a
> clean-slate review of the realities as they exist today as
> compared to the original promises and assurances.  Once the
> machine (ICANN organization/operations) is running smoother, we
> can use the newly leveled playing field as a more firm foundation
> to extend and fully internationalize the organization itself.
>
> OK it is true, we can’t expect to much either but give a
> Congressional representative/Senator a good issue to run with,
> they’ll play to public sentiment while they make themselves
> famous in the process, it can be a win-win-win situation.
> Through effective organization of people such as ourselves into a
> united political force (inclusive for everyone, not just US
> voters) we can help shape the process by more fairly defining the
> issues themselves (PR stuff) and educating the public as to what
> is fair and right and just.
>
> Ultimately the organizations which govern the Internet must be
> inclusive and truly international with the best interests of all
> as their guiding vision.  I think it will take years in best-case
> scenarios to create a truly international and functional
> organization to effectively be up and running to replace a
> US-based ICANN organization – this must be done, but as everyone
> has seen, there is a lot, and I mean a whole lot, of discussion,
> debate, power struggling, etc. to be done before a good
> international organization can be built from the ground up.
>
> Best Regards to all,
> Brian Appleby
> brianappleby@netscape.net
>
> "Rod Dixon, J.D., LL.M." <rod@cyberspaces.org> wrote:
> >
> >
> > It might be a good idea to have one nation's legislature --
> particularly the
> > U.S. Congress -- perform oversight of ICANN's current
> activities, but this
> > may not be a prudent long term solution, and we should be cautious in
> > considering the matter.
> > Rod
> >
> >
> >
> >
> >
> >
> >
> >    >>The people are everyones constituency and the source of all power.
> >    >>
> >    >>But frankly, I believe what we need to stop the dike from
> bursting, a
> >    >crisis of the short-term, is for top-down change in the form of
> > dedicated,
> >    >educated US Congressional oversight with a splash of judicial-esque
> >    >judgement.  I think a permanent Congressional sub-committee
> needs to be
> >    >established whos primary role and responsibility is to
> ensure that ICANN
> >    >remains faithful to the commitments it made when it was
> established and
> >    >that the stated ideals are maintained and the goals are achieved.
> >    >>
> >    >
> >    >I used the same dam bursting analogy  talking to Pindar
> Wong, who spoke
> > for
> >    >the @large committee in Melbourne. He was aware, so  ICANN
> must be aware
> > of
> >    >this crisis potential too.
> >    >This is why they have called on a heavyweight like Carl
> Bildt to act as
> >    >judge in the coming fight about @large representation. The
> Board is now
> >    >divided.
> >    >
> >    >>A blind man could easily see how far away ICANN has
> wandered from the
> > path
> >    >which was set for them.  It is possible that the US
> Congress might even
> > be
> >    >able to see it too?
> >    >>
> >    >Yes, the interim Board driven  ICANN has strayed. But the
> struggle for
> >    >control of ICANN's direction has only just begun.  The U.S.
> politicians
> >    >need to be sensitive to the other 40 -odd governmental
> players (the GAC)
> >    >too, not only to their six powerful Multinationals or their American
> >    >constituents.
> >    >
> >    >We have to be watchful that handing the reins or the whip to U.S.
> >    >politicians, is not going to end the global character of
> ICANN or lead
> > us
> >    >to even worse strife than we are now.
> >    >After all, as much respect as we all have for the U.S.
> Constitution, we
> >    >know that democracy in the real world is about the rule of
> money as much
> > as
> >    >it is here and now in ICANN.
> >    >
> >    >But I much appreciate your thoughtful posting, even if it
> does give me
> > that
> >    >slightly hopeless feeling.
> >    >
> >    >
> >    >
> >    >
> >    >
> >    >--Joop--
> >    >Founder of the Cyberspace Association.
> >    >Former bootstrap of the IDNO (www.idno.org)
> >    >Developer of    The Polling Booth
> >    >www.democracy.org.nz/vote1/
> >    >
> >    >
> >    >--
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> >    >
> >
> >
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