[governance] ICANN - Request for Proposals for IndependentEvaluator for GNSO Review

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Wed Dec 21 10:25:22 EST 2005


Alas, I think a similar optimism has been expressed many times in the past 
- and always foundered on events.

One could look at the same glass and say it's not even half-full:

* ICANN has no budget contstraints, and its 'tax' on registries keep 
rising
* headcount keeps rising
* ICANN still has no consistent policy for TLD introduction
* There is no standard contract for registries
* The UDRP continues to violate basic norms of due process.  The promised 
reveiw/reform is now 3+ years late
* ICANN no longer faces as serious threat from WSIS in the short/medium 
term
* The direct role of governments via GAC is bigger - this used to be seen 
as bad
* The role -- direct, indirect, whatever -- of individuals and end-users 
remains approximately zero
* ICANN meetings that actually take decisions are held in secret. 
Post-meeting information does not emerge on schedule and is quite scant

and so on.

On Wed, 21 Dec 2005, Carlos Afonso wrote:

> Grande Wolf, extremely interesting synthesis of what is going on within
> ICANN. And, why not say it, what is going on seems quite promising!
>
> []s fraternos
>
> --c.a.
>
> Wolfgang Kleinw├Ąchter wrote:
>
>> Dear list,
>>
>> I noticed seven interesting "moves" by ICANN during the recent Vancouver meeting:
>>
>> * the board listened carefully to the interventions with regard ot the .com agreement. It did not ignore the criitical remarks but started a new discussion process;
>> * the board is seeking a new relationship with the GAC, listening to the advice in a new way, even risking litigation in the US with regard to .xxx case (it is another question wherther this is good or bad);
>> * the board is listening to the voice of the ccTLDs. The adopted changes of the bylaws are substantial and reflect the positions of DENIC, NOMINET and others which so far, remained outside the CNSO;
>> * the board wants to overcome the frustrating situation with the GNSO. It remains to be seen whether the evaluation will be another attempt to get justification for more of the same or whether it will have some consequences;
>> * the board has finally accepted the full authority of the NRO over the IP address space and policy development in this area;
>> * the board is trying to bring the IANA service in line with the needs of the registries which would go beyond the former approach  (reduce the waiting time and everything is okay) and include also QOS ;
>> * the board takes ALAC more seriously. The adoption of the revised bylaw para with regard to the accreditation of ALS could be interpreted as a signal and it is now up to the ALAC to ask for more.
>>
>> There is also a long list of "missed opportunities" (so far), but ICANN obviously has recognized that after Tunis it is operating in a new environment. David Hendon said in Tunis, ICANN should read the "writings on the wall" and obviously there are literate people in the ICANN board. :-))))
>>
>> Best
>>
>> wolfgang
>>
>>
>>
>> ________________________________
>>
>> Von: governance-bounces at lists.cpsr.org im Auftrag von Avri Doria
>> Gesendet: Di 20.12.2005 20:38
>> An: Carlos Afonso
>> Cc: Governance Caucus
>> Betreff: Re: [governance] ICANN - Request for Proposals for IndependentEvaluator for GNSO Review
>>
>>
>>
>>
>> On 20 dec 2005, at 14.29, Carlos Afonso wrote:
>>
>>
>>
>>> Maybe a result of just protests like Danny's and others? Interesting.
>>>
>>>
>>
>> if there is one change that i think is taking place in ICANN, is that
>> protests are listened to, especially if they are public.
>>
>> a.
>>
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>>
>>
>>
>>
>>
>>
>
>

-- 
http://www.icannwatch.org   Personal Blog: http://www.discourse.net
A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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