[ALAC] Bad Actor Admission

Sat Mar 2 00:27:26 UTC 2019

Jonathan:
I agree there is no model that guarantees equality. I'm just plumbing for
equality of opportunity to influence outcomes. It's always the results that
matter.

And as it is now, end user interests are sorely disadvantaged, even with
the confluence of these fluid alliances it appears you and I value and
support.

I have seen several times where the end user interest is coincident, even
assist the conjugation of the BC and IPC interests. And I believe we should
hug those and work them thru the fire.

But all in, we're  working against  a stacked deck in current framework.

-Carlton

On Fri, 1 Mar 2019, 5:39 pm Jonathan Zuck, <JZuck at innovatorsnetwork.org>
wrote:

> Having been on both sides of this, though representing small business,
> it's a good convo to have. I've always tried to think of it using the
> principles of non violence. Even governments are dominated by big interests
> so it's up to us to build fluid alliances and look for points of leverage.
> There's NO model where we're equal.
>
> Jonathan Zuck
> Executive Director
> Innovators Network Foundation
> www.Innovatorsnetwork.org
>
> ------------------------------
> *From:* ALAC <alac-bounces at atlarge-lists.icann.org> on behalf of John
> Laprise <jlaprise at gmail.com>
> *Sent:* Friday, March 1, 2019 4:13:22 PM
> *To:* LeÃ³n Felipe SÃ¡nchez AmbÃa
> *Cc:* ALAC Working List; Alan Greenberg
> *Subject:* Re: [ALAC] Bad Actor Admission
>
> The more the merrier!
>
> Sent from my Pixel 3XL
>
> John Laprise, Ph.D.
>
> On Fri, Mar 1, 2019, 12:55 PM León Felipe Sánchez Ambía <
> leonfelipe at sanchez.mx> wrote:
>
>> Happy to join you in that conversation if you don’t mind. I’ll buy you
>> guys a beer!
>>
>> Best regards,
>>
>>
>> León
>>
>> El 1 mar 2019, a las 12:14, Alan Greenberg <alan.greenberg at mcgill.ca>
>> escribió:
>>
>> If there is a concern among staff, it must be raised through the CEO to
>> the Board. If he/she can convince the Board, the Board has the power to
>> act. If not, then it does not warrant action (in the minds of those who ARE
>> legally held responsible for the ICANN).
>>
>> Should someone have seen GDPR coming and acted? And when it did become
>> obvious, act faster, you bet.
>>
>> Lots of people saw GDPR coming and said so. Why we didn't act is an
>> interesting discussion. Ask me in Kobe.
>>
>> Alan
>>
>> At 01/03/2019 12:55 PM, John Laprise wrote:
>>
>> So one of the complaints I saw online is that ICANN org legal which
>> presumably saw the GDPR train coming down the track had limited options
>> beyond waving a flag despite it's material impact. ICANN org spends a lot
>> of resources to stay abreast of international law but can only do something
>> at the last minute. (Epdp)
>>
>> The more I think about it, the more giving ICANN org (pres?) the right to
>> ask the community to initiate a PDP has a kind of symmetry with the powers
>> of the enhanced community. Essentially, if the community and the board fail
>> to address an operational, material threat, ICANN org can hold the board
>> and the community to account.
>>
>> Sent from my Pixel 3XL
>>
>> John Laprise, Ph.D.
>>
>> On Fri, Mar 1, 2019, 11:45 AM John Laprise <jlaprise at gmail.com> wrote:
>> Not just staff...I was thinking ICANN org leadership...needs authority
>>
>> Sent from my Pixel 3XL
>>
>> John Laprise, Ph.D.
>>
>> On Fri, Mar 1, 2019, 9:02 AM Alan Greenberg <alan.greenberg at mcgill.ca >
>> wrote:
>> John, do you really mean "ICANN org", ie staff, to make that decision?
>>
>> Alan
>> --
>> Sent from my mobile. Please excuse brevity and typos.
>>
>> On March 1, 2019 9:00:50 AM EST, John Laprise <jlaprise at gmail.com> wrote:
>>
>> Hi and thanks Olivier,
>>
>> My apologies for not being clear. I was suggesting a possible bylaws
>> change where in ICANN org can ask the community to initiate policy
>> development when it sees an urgent/important need that the community has
>> not noticed.
>>
>> Sent from my Pixel 3XL
>>
>> John Laprise, Ph.D.
>>
>> On Fri, Mar 1, 2019, 7:07 AM Olivier MJ CrÃ©pin-Leblond <ocl at gih.com>
>> wrote:
>> Dear John,
>>
>> please be so kind to find my response below:
>>
>> On 01/03/2019 13:31, John Laprise wrote:
>>
>> Well said Evan and I share your concerns. If memory serves, so does the
>> Board as MSM threats is a strategic planning issue. Musing upon waking I
>> was wondering whether it would help if we could implement a mechanism
>> whereby ICANN org could ask the empowered community to implement a pdp?
>> This might've avoided the current epdp issue.
>>
>>
>> The ICANN Board and the Empowered Community cannot implement or launch
>> PDPs relating to gTLDs. The "PDP" as such is a defined term for "Policy
>> Development Process" and in the context of the Generic Names, only the GNSO
>> can launch a PDP. In the context of Country Codes Names, when it relates to
>> global policy, the ccNSO can launch a PDP.
>> The Board can ask the GNSO to launch a PDP on a gTLD related issue, but
>> the GNSO can refuse.
>>
>> The Board can also ask the ICANN communities, SOs/ACs to launch a Cross
>> Community Working Group (CCWG). However, there are doubts expressed in the
>> GNSO that CCWGs should *not* be the basis for policy making for gTLDs as
>> all policy making for gTLDs should go through a PDP.
>>
>> It's a power game and the bottom line is who has the control of policy
>> processes on gTLDs.
>> Kindest regards,
>>
>> Olivier
>>
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