[ALAC] Bad Actor Admission

Sat Mar 2 00:36:52 UTC 2019

I can tell you we know about working the margins. When OCL, Evan and I were
ALAC officers, regular informal conversations occurred with members of the
Ry/Rr constituency thru Michele, James and Robb. Those I consider quite
fruitful.

Regrettably, those guys, IMHO while mainstream, did not represent the
majority view in the contracted party house. Michele, for example, is a
hard case in argumentation. I got to engage with him extensively in the
EWG. But you could always expect a fair hearing from him.

-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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