<div>Lee,</div>
<div> </div>
<div>A personal analysis of the US government attitude in the WSIS process regarding those issues. There certainly are other elements at play, of course, and I have no isnsider information :-). </div>
<div> </div>
<div>I suppose there was a strategic decision from the US government NOT to have anything substantial decided on ICANN or Internet Governance through the WSIS process itself because it remained - in spite of some improvements - fundamentally a UN process. This would have set a precedent for other issues. We might not like it because it slowed down the process, but it is understandable in a broader picture.
</div>
<div> </div>
<div>Now that this process is over in its pure UN format, there can be some loosening of positions, such as a move on ICANN, if less on IANA. Hence the importance of the IGF space as a more neutral and multi-stakeholder environment to explore a better architecture. There is a window of opportunity here for ALL actors, including governments, to fully take advantage of.
</div>
<div> </div>
<div>The key challenge now is to design something innovative that is in line with what the US government has repeatedly advocated through the successive MoUs and organizes a peaceful transition to a more international framework.
</div>
<div> </div>
<div>In discussing these issues, the IGF has no decision-making capacity but it has, potentially, a real decision-shaping capacity,precisely because of its flexible format and composition.</div>
<div> </div>
<div>I always like to remind people of the exchange between ambassador Khan and Valerie d'Costa in the last days of the extended PrepCom3 in Tunis : the debate is not between those who want change and those who do not; it is about the scope and speed of the evolution.
</div>
<div> </div>
<div>Best</div>
<div> </div>
<div>Bertrand<br><br> </div>
<div><span class="gmail_quote">On 8/3/06, <b class="gmail_sendername">Lee McKnight</b> <<a href="mailto:LMcKnigh@syr.edu">LMcKnigh@syr.edu</a>> wrote:</span>
<blockquote class="gmail_quote" style="PADDING-LEFT: 1ex; MARGIN: 0px 0px 0px 0.8ex; BORDER-LEFT: #ccc 1px solid">Bertrand,<br><br>Thanks, an excellent post. Really a start on an outline of a draft<br>agenda for a framework convention to consider. Definitely yours are
<br>among the core questions on the table, and it does help a lot if we can<br>all try to be as precise in separating out the various Internet<br>governance issues on the table. Of course there are still more. I'm<br>pressed for time so won;t respond point by point right now, will return
<br>to this soon. Back mainly to the realpolitik around ICANN's HQ location:<br><br><br>- yes obviously it says something in fact quite a lot that the HQ is in<br>California, it's a non-profit under us & california law, and oh yeah
<br>there's a more or less benevolent(?) big brother in DC that keeps<br>pulling their - and the whole world's - chain now and then.<br><br>- yes moving HQ's is a big deal and would engender global competition<br>to host, totally normal and quite reasonable. A distributed host model
<br>makes sense as ICANN seems to get, given the global reach of the<br>Internet and its various regional impacts. And it means something<br>institutionally if a body is established enough to set off that kind of<br>scramble. So the Internet's grown up, even if ICANN isn't, and we should
<br>all be proud : )<br><br>- But and back to the Realpolitik, ICANN as an institution might be<br>happy to relocate to say the Caymans to get away from Big Brother, and<br>be less accountable to us all (no slur, just a compliment to their
<br>support of unfettered enterprise ; ); so a move in that sense is<br>plausible.<br><br>- However, we forgot about big brother. Pre-framework convention it<br>doesn;t really feel like the Internet's all that grown-up does it. So I
<br>suspect Big Brother is not going away altogether, but may loosen the<br>leash(es) or let others get their hands on some of them too somehow. To<br>keep with the analogy. So while internationalization of oversight is de
<br>facto and de jure happening, the question is how far and what precisely<br>are the next steps for each of the actors and institutions in play. Some<br>you outlined in your note. The objective and need of a truer<br>globalization though is obvious, since the numbers don't lie - there's
<br>way more Internet users outside the US than inside, and globalization<br>without representation feels unfair. And yes it is also critically<br>important that civil society and the tech communtiy don't let<br>governements accidentally choke us to death.
<br><br>In sum: if the rest of the world and the USG haven;t agreed on what<br>the answers are to your 6 questions, or even that those are the<br>questions to be answered, then they're not letting go. And yes once you<br>
have the HQ it is hard to get it out of there even if a treaty says it<br>has to go. That's realpolitik for you. But Bonn lost to Berlin, so<br>change happens. And the technology is incredibly squishy so the USG<br>could end up controlling nothing by trying too hard to control too much.
<br>Or too long.<br><br>- So that leaves us with the IGF and the need to contiinue the<br>discussion around these issues and prep for a a Framework Convention ss<br>you have suggested.<br><br>- And sure, amongst the issues on the table will be the next hq's of
<br>ICANN, as well as the locations of any other new Internet institutions<br>spawned, whether for root management or policy setting or whatever.<br><br>Finally, I like Wolfgang's 'watchdog' role for IGF vis a vis ICANN, but
<br>really it is a broader mandate , since the IGF's role must encompass<br>providing for multistakeholder review and examination of all other<br>relevant institutions and their (in-)actions, ie ITU, WIPO etc.<br><br>Lee<br>
<br>Prof. Lee W. McKnight<br>School of Information Studies<br>Syracuse University<br>+1-315-443-6891office<br>+1-315-278-4392 mobile<br><br>>>> "Bertrand de La Chapelle" <<a href="mailto:bdelachapelle@gmail.com">
bdelachapelle@gmail.com</a>> 8/2/2006 6:30<br>AM >>><br>Dear Lee,<br><br>The point I was raising is not the location per se but the nature of<br>the<br>entity : there is no way today to create a truly international
<br>structure,<br>either for profit or non-profit. And it would make sense to have a<br>global<br>structure to handle such a global network.<br><br>To avoid confusion, let's distinguish clearly betwen the different<br>layers of
<br>issues we are addressing in this important thread :<br><br>1) the regimes that should be applied to gTLDs and ccTLDs :<br>similarities and<br>differences<br><br>2) benefits and drawbacks of one root vs several interoperable ones
<br>(cf. Joe<br>Baptista) ?<br><br>3) should the same entity(ies) handle both root management and general<br>policy setting ?<br><br>4) the nature of institutions in charge of the respective functions :<br>national NGO status with host country agreement, intergovernmental
<br>organization, a new, truly international and multi-stakeholder format,<br>other<br>... ?<br><br>5) the origins of legitimacy for the said organization(s) (ie : how<br>they are<br>created) : MoU with one or several governments, international Treaty,
<br>framework convention, self-established multi-stakeholder Charter ?<br><br>6) the physical location of the offices of these entities : single<br>location<br>or geographic distribution in multiple regions ? hosting by various
<br>entities<br>(as the W3C) or in their own premisses ?<br><br>As for the physical location, Avri is of course right : it should be<br>only the governance regime/framework that matters, not the location.<br>Still,<br>the present situation combines : a legitimacy coming from a MoU with a
<br>single government, a legal structure following the laws of a single<br>country<br>and, for a long time, a location in a single country. The symbolic<br>dimension<br>cannot be eluded.<br><br>Establishing a more distributed international presence (as ICANN
<br>initiated<br>recently with Europe), getting some sort of host country agreement,<br>and<br>establishing a new charter/framework among more actors than one<br>government<br>alone are probably elements to consider in moving forward.
<br><br>This of course does not reduce the pertinence of Milton's remark<br>regarding<br>accountability : how to guarantee accountability, enforceability and<br>possibility of appeal at the international level ?<br><br>As you mentionned in a separate post, ime may not be ripe yet to revive
<br>the<br>notion of a framework convention, but it would eventually be an<br>appropriate<br>way to discuss those interlinked issues together.<br><br>Best.<br><br>Bertrand de La Chapelle<br><br><br>P.S. : as for the IMF and World Bank location in DC, you probably know,
<br>Lee,<br>that the rule is that the headquarters of these institutions are<br>located -<br>per Charter - in the country that is the largest shareholder (in this<br>case<br>the US). But, knowing that the shares of all european countries
<br>combined represent more than the US, some actors have suggested in the<br>past<br>that the european union should pool its seats and ask for the two<br>institutions to move their headquarters to Europe. It is not likely to
<br>happen for many reasons, as we all know, but the physical location of<br>any<br>international organization is clearly not neutral.<br><br><br><br><br><br><br><br><br>On 8/1/06, Lee McKnight <<a href="mailto:LMcKnigh@syr.edu">
LMcKnigh@syr.edu</a>> wrote:<br>><br>> Following this logic, next we suggest the UN leave NYC, and of<br>course<br>> the World Bank & IMF depart DC.<br>><br>> There, we've solved the world's problems ; (
<br>><br>> Lee<br>><br>> Prof. Lee W. McKnight<br>> School of Information Studies<br>> Syracuse University<br>> +1-315-443-6891office<br>> +1-315-278-4392 mobile<br>><br>> >>> <a href="mailto:mueller@syr.edu">
mueller@syr.edu</a> 8/1/2006 10:07 AM >>><br>><br>> Canada?<br>><br>> >>> <a href="mailto:bortzmeyer@internatif.org">bortzmeyer@internatif.org</a> 8/1/2006 8:36:36 AM >>><br>> A realistic and short-term solution, which I suggested at the WSIS,
<br>is<br>> simply to host the new structure in an "innocent country", a small<br>and<br>> quite neutral country which, unlike the USA or China or France,<br>seems<br>> safe for everyone. Costa-Rica or Finland are two typical examples
<br>(and<br>> they have good Internet connectivity).<br>><br>><br>> ____________________________________________________________<br>> You received this message as a subscriber on the list:<br>> <a href="mailto:governance@lists.cpsr.org">
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