<html>
<head>
<meta content="text/html; charset=UTF-8" http-equiv="Content-Type">
</head>
<body bgcolor="#FFFFFF" text="#000000">
<font face="Verdana">OK, John, we can have the oversight function to
</font>be "<font face="Verdana">limited to judging ICANN </font>on
its compliance with its declared processes<font face="Verdana">"
(and mandate ?) (which I understand as per its current mandate is
also to work as per international law, we may or not make this
explicit, which I prefer, but can do without for the present
purpose.) As I said, for good measure, in a possible agreed text,
we can also add (or not), that we mean here nothing more than the
role played by the US government at present. <br>
<br>
There is still lack of clarity who would "judge ICANN" in the
above regard. Is a global techno-political board with a membership
pattern as I proposed, including from RIRs, or some such thing,
with a clearly laid out narrow mandate, subject to appeal to
International Court of Justice, not acceptable to you. If not,
then, who would judge. Pl be clear, Is it just to be the
'community processes' as ICANN claims that it has at present. Do
you conflate that with the oversight role?<br>
<br>
You have asked, what does performing IANA function mean to me.
Well, I am primarily speaking about actually authorising changes
in the root, with the ownership over the authoritative root server
- whether the function is exercised through a contracted agent or
not..... There may be other number resource allocation functions
etc, but I aint going into that. <br>
<br>
parminder<br>
<br>
<br>
</font>
<div class="moz-cite-prefix">On Wednesday 09 October 2013 12:51 PM,
John Curran wrote:<br>
</div>
<blockquote
cite="mid:D2A26C1D-4D4C-4EB9-A29C-86CDBB840446@istaff.org"
type="cite">
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
<div>
<div>On Oct 8, 2013, at 11:50 PM, parminder <<a
moz-do-not-send="true"
href="mailto:parminder@itforchange.net">parminder@itforchange.net</a>>
wrote:</div>
<br class="Apple-interchange-newline">
<blockquote type="cite">
<meta http-equiv="Content-Type" content="text/html;
charset=UTF-8">
<div bgcolor="#FFFFFF" text="#000000"> <br>
<div class="moz-cite-prefix">On Wednesday 09 October 2013
11:22 AM, John Curran wrote:<br>
</div>
<blockquote
cite="mid:6D80C30F-C688-4278-9809-562925079CA7@arin.net"
type="cite">
<div>
<div><snip><br>
</div>
<div><br>
</div>
Given that the role is oversight, why not make it
completely open and transparent?</div>
<div>i.e. make the organizations that are doing policy
development in this model actually</div>
<div>undergo independent third party audits of their
compliance to a set of principles and </div>
<div>then have the results posted and discussed publicly?
Is there a need for only a </div>
<div>select community to participate in the oversight? <br>
</div>
</blockquote>
<br>
'Openness' has institutional and practical limits. It can
easily be captured by the powerful (incumbents) to mean what
they would like it to mean. ICANN can be said to be already
subject to such an open scrutiny by global constituencies -
its various constitutive processes and so on... Are you
saying that is enough. So then ICANN is already globalised
and requires no oversight. I cant agree.</div>
</blockquote>
<div><br>
</div>
Nor can I, that was not my statement - some form of oversight
role is definitely necessary.</div>
<div>Do you consider oversight to be inseparable from authority?
I believe that a large number</div>
<div>of institutions that claim to adhere to open and transparent
principles of policy development</div>
<div>should be subject to review and oversight, but I'm not
certain that such oversight must be</div>
<div>inherently tied to any authorizing body. In fact, we have
the capability with the Internet to </div>
<div>have institutions be held accountable for their claims of
openness and transparency to a</div>
<div>very large number of parties at once, including and all
interested governments, civil society</div>
<div>organizations, and other Internet technical coordination
groups. </div>
<div><br>
<blockquote type="cite">
<div bgcolor="#FFFFFF" text="#000000"> We need a body with
however limited and circumscribed function to exercise core
oversight function. Such division of executive authority
(ICANN broad) and oversight role (as governing bodies of
NGOS for instance do over the executive staff) is very
necessary. No body can work appropriately without such
separation of power and responsibilities. And ICANN
functions are of two great global importance to leave ICANN
board will absolute power to do things as, more or less, it
at present has. <br>
</div>
</blockquote>
<div><br>
</div>
Full agreement.<br>
<div bgcolor="#FFFFFF" text="#000000"> <br>
</div>
<blockquote type="cite">
<div bgcolor="#FFFFFF" text="#000000"> Also, this proposed
global Board will also exercise the IANA function, which is
with the US government at present. This function cannot be
exercised by an open participative process. <br>
</div>
</blockquote>
<div><br>
</div>
"Execise the IANA function"? Please elaborate what "exercise"
means and why it should </div>
<div>be commingled? </div>
<div>
<div bgcolor="#FFFFFF" text="#000000"> <br>
</div>
<blockquote type="cite">
<div bgcolor="#FFFFFF" text="#000000"> BTW, external, third
party audits are technical/ professional processes that are
ancillary to proper oversight, and can never constitute
actual oversight. All this is well known and discussed in
organisational and governance theories, and I would not go
into deeper details. We all know, we get the 'third party'
auditors that we want to get - and they can in any case only
point to some very clearly illegal or extra-legal things -
auditors are not there to cast political or even substantive
governance judgements. </div>
</blockquote>
<br>
</div>
<div>Political and "governance judgement" being substituted for
actual open and transparent policy</div>
<div>making is exactly my fear, hence the desire that the
oversight role be limited to judging ICANN</div>
<div>on its compliance with its declared processes. </div>
<div><br>
</div>
<div>/John</div>
<div><br>
</div>
<style type="text/css">
<!--
@page { margin: 2cm }
P { margin-bottom: 0.21cm }
A:link { so-language: zxx }
-->
</style>
</blockquote>
<br>
</body>
</html>