[ALAC] Fwd: GAC Communique Brussels Intersessional

Sat Mar 5 12:20:08 UTC 2011

You are right Jean Jacques.

The only problem I see is the difficulty to get support from other SO/AC.
>From my modest experience, some of those constituencies are very very
conservative. We now are gaining consideration and respect, but from the
Board and the GAC only. Perhaps, we are also gaining hostility from some
other SO/AC.

But I’m optimistic, and think we should try and try again, never give up.
Also, the performance of our Board Director will likely strengthen our
position in the ICANN community.

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Tijani BEN JEMAA

Executive Director 

Mediterranean Federation of Internet Associations

Phone : + 216 70 825 231

Mobile : + 216 98 330 114

Fax     : + 216 70 825 231

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-----Message d'origine-----
De : alac-bounces at atlarge-lists.icann.org
[mailto:alac-bounces at atlarge-lists.icann.org] De la part de JJS
Envoyé : samedi 5 mars 2011 01:57
À : Evan Leibovitch
Cc : ALAC Working List
Objet : Re: [ALAC] Fwd: GAC Communique Brussels Intersessional

*The GAC communiqué from Brussels, and Evan's interesting remarks, prompt me

to make these comments:*

*

*

*- Inequality between the GAC and other ACs or SOs is a reality, whether or

not we consider this is justified. Sovereign states can apply national law,

and are (usually) bound by international law. ICANN's other stakeholders

have a vague moral right to represent segments of the community, the only

reference being the ICANN By-laws, which have no international standing, and

are legally binding only in the USA.*

*

*

*- This discrepancy is further accentuated by the AoC. We cannot escape this

fact. So the question is: apart from the GAC, can other stakeholders achieve

a better balance, and how can they do that? I think there's only one way,

which is to have cross-constituency agreement on major issues, which so far

has proven difficult.*

*

*

*- One area where the ALAC could take a leadership role and strive to gain

other stakeholders to its cause, is the general area of "the public

interest". Example: in the DAG, some elements may be defensible from an

industry point of view, but possibly detrimental to the public interest

(privacy, consumer protection, human and civic rights). If we detect a

dividing line between, say, the GAC and other stakeholders, for instance

regarding fundamental human rights (e.g. religious persuasions, atheism or

other philosophical positions, sexual preference, etc), then we should

strive to define a broad platform and present it to other stakeholders,

seeking their support. Ideally, this could then become a "ICANN minus GAC"

position, which would carry more weight than some ALAC-only statement.*

*

*

*Regards,*

*Jean-Jacques.*

On 4 March 2011 22:48, Evan Leibovitch <evan at telly.org> wrote:

> The two components of the message that stuck out to me:

> 

> - The emphasis for more *bilateral* discussions. There are more

> stakeholders

> than just GAC and the ICANN Board. I welcome the opportunity to more
deeply

> involve the GAC in ICANN processes, but there must be more than
lip-service

> paid to the multi-stakeholder model going forward. As we saw from its

> near-obsession with trademark issues, in some ways even the GAC can be

> gamed.

> 

> - "*The GAC is committed to take whatever time is required to achieving

> these essential public policy objectives** -- Saved for the second-last

> sentence of the statement, this rightfully holds ICANN accountable for its

> lack of sufficiently inclusive community engagement in early gTLD policy

> development, and the deliberate shunning of community advice at many

> stages.

> It should send a shiver down the spine of most GNSO members, to whom the

> word "delay" is now officially an obscenity.

> 

> --

> Evan Leibovitch, Toronto Canada

> Em: evan at telly dot org

> Sk: evanleibovitch

> Tw: el56

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