[governance] JPA - final draft for comments

Jeanette Hofmann jeanette at wzb.eu
Wed Jun 3 07:09:36 EDT 2009


Hi, I suggested to skip the first paragraph and I supported the change 
that Bill suggested for the following para. However, I don't want to 
block consensus. Should I be the only one who dislikes the wording of 
the first para, please feel free to ignore my comment.

jeanette

Ian Peter wrote:
> Parminder, from my memory Jeanette and others objected to the first 
> paragraph you suggest Milton objected to aspects of the second.
> 
> Eg...
> 
> Jeanette -
> 
> 
> “from what I remember, we have never discussed the JPA as "a barrier to
> effective global co-operation in Internet governance" and I don't think
> it is adequate to assume a widespread concern about it. If there is
> widespread concern it relates to the unilateral control over CIR. So, I
> would prefer if we could skip that paragraph.”
> 
> Milton -
> 
> “I’m in DC right now, and you couldn’t do a worse job of misreading the 
> atmospherics here than to call for JPA extensions. The issue is ICANN 
> accountability and subjection to laws that keep it accountable and the 
> future of the IANA contract, not JPA.”
>  
> 
> 
> So I don’t think that suggested change can be included in a consensus 
> statement
> 
> 
> 
>  
> 
> 
> On 3/06/09 8:16 PM, "Parminder" <parminder at itforchange.net> wrote:
> 
>     I understand that Ian has basically dropped the response to question
>     6 in the draft statement which was
> 
>     " IGC members have differing opinions on this issue, but share a
>     widespread concern that the continued existence of the JPA is
>     actually a barrier to effective global co-operation in Internet
>     governance. As such, it is seen as hindering the levels of global
>     co-operation necessary to ensure the security and stability of the
>     Internet. Global co-operation will be enhanced by a transition
>     beyond the JPA to a situation where all stakeholders feel that they
>     have equitable arrangements for  participation.  Therefore, all of
>     us believe the JPA should be ended as soon as is practical.
> 
>     Some of us believe that time is now, and that the JPA is an
>     ineffective mechanism to deal with the problems that must be
>     resolved as ICANN develops. On the other hand, some of us believe
>     that a short term extension of the JPA might be the most effective
>     means to ensure that ICANN does take on board necessary changes. We
>     believe that, if this extension is pursued, the JPA should in future
>     be reviewed (and extended if necessary) annually."
> 
>     I agree with Bill's comments on this that the last sentence above be
>     cut and the following sentence be added in the end.
> 
>     ""Others of us believe that the JPA should be retained for now but
>     be replaced as soon feasible by a new global, multistakeholder
>     framework for accountability, the development of which should
>     commence in early 2010."
> 
>     With these changes the text should be fine with me for an IGC
>     statement.
> 
> 
>     Parminder
> 
> 
>     William Drake wrote:
> 
>         Hi Ian,
> 
>          
>          
>         Looking over the recent comments, I'm not clear on why you think
>         they require gutting the statement and simply endorsing generic
>         principles that already apply to varying degrees.  The prior
>         text, if amended to take on board some tweaks that were
>         suggested, seemed fairly balanced and accommodative of the
>         various views expressed.  
>          
> 
>          
>          
>         Why are we tossing the work that was done?
>          
> 
>          
>          
>         Best,
>          
> 
>          
>          
>         Bill
>          
> 
>          
>          
>          
>          
>         On Jun 2, 2009, at 11:52 PM, Ian Peter wrote:
>          
>          
> 
> 
>              Folks, having read the various responses, I think our only
>             path forward is a much reduced response which concentrates
>             on principles. So at this stage what I would propose for a
>             consensus call in 24 hours or so is what follows. I would be
>             happy however for someone else to suggest a wider ranging
>             draft covering additional points, but I have come to the
>             conclusion that anything we are likely to agree on at this
>             stage would only take emphasis away from the main points we
>             want to make.
>              
>             I have dropped all references to models and the varying
>             arguments as to whether the JPA should continue or not. I do
>             suggest that people make individual submissions to cover
>             their concerns in this area. For IGC as a whole, I think we
>             have to aim for something much simpler.
>              
>             My new suggested draft follows. Let me know what you think
>             of this approach, and of course any suggested improvements
>             in wording.
>              
>             Ian Peter
>              
>              
>              
>              The Internet Governance Caucus is a global coalition of
>             civil society and non governmental organisations and
>             individuals actively involved the UN’s Internet Governance
>             Forum (IGF) process. Formed during the lead up to the World
>             Summit on the Information Society (WSIS), our mission is to
>             provide a forum for discussion, advocacy, action, and for
>             representation of civil society contributions in  Internet
>             governance processes. We have several hundred members, with
>             a wide spread of geographic representation; more about our
>             coalition can be found at www.igcaucus.org
>             <http://www.igcaucus.org> .
>              
>             We are thankful for the opportunity to comment on the JPA
>             with ICANN, and  respectfully submit as  follows.
>              
>             In responding to your call for comments, we are mindful of
>             the WSIS principles, which " recognize that Internet
>             governance, carried out according to the Geneva principles,
>             is an essential element for a people-centred, inclusive,
>             development-oriented and non-discriminatory Information
>             Society”. We also recognise the need for high levels of
>             global co-operation from all stakeholder groups to ensure
>             Internet stability and security.
>              
>             Irrespective of whether the JPA continues or not, we believe
>             that certain principles outlined below need to be embedded
>             in ICANN’s operation. We believe these should be covered by
>             an undertaking by ICANN to perpetuate in its constitution,
>             by laws, or some similar accountability mechanism, various
>             principles which follow. The principles need to be embedded
>             in such a way as to ensure they cannot easily be changed to
>             exclude any stakeholder group. The principles which need to
>             be permanently embedded are:
>              
>              ·      bottom up co-ordination
>              
> 
>              ·      balanced multi stakeholder representation, including
>             civil society interests and Internet users
>              
> 
>              ·      ensuring the stability of the Internet
>              
> 
>              ·      transparency
>              
> 
>              ·      appropriate accountability mechanisms
>              
> 
>              ·      continuing evolution of an effective and appropriate
>             governance model which is multilateral, multistakeholder,
>             democratic, and transparent
>              
> 
>              ·      decision making driven by the public interest
>              
>             We also propose to replace "private sector management" with
>             “multistakeholder management”, in line with the
>             multistakeholder principle which has evolved from the World
>             Summit on the Information Society and the Internet
>             Governance Forum process which the US Government has
>             supported, and which is  an important facet, we believe, of
>             effective internet governance  arrangements.
>              
>             We think the establishment of firm principles to guide the
>             evolution of a model is the appropriate way to proceed. This
>             should explicitly recognize that ICANN is a global
>             governance institution with regulatory authority over an
>             industry (domain name registration) and over critical
>             resources (IP addresses, root servers and addresses). The
>             standards of due process, rights, and accountability that
>             apply to ICANN must be developed with these facts in mind.   
>              
>              
> 
> 
>              
> 
>              
>             ____________________________________________________________
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>              
>              
>              
>              
>              
>              
>              
>              
>              
>              
>              
>              
>             ***********************************************************
>              
>             William J. Drake  
>              
>             Senior Associate
>              
>             Centre for International Governance
>              
>             Graduate Institute of International and
>              
>               Development Studies
>              
>             Geneva, Switzerland
>              
>             william.drake at graduateinstitute.ch
>              
>              
>             www.graduateinstitute.ch/cig/drake.html
>             <http://www.graduateinstitute.ch/cig/drake.html>
>              
>              
>             ***********************************************************
>              
>              
>              
>              
>              
>              
>              
>               
>              
>              
> 
>             ------------------------------------------------------------------------
> 
>     ____________________________________________________________
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