[governance] Updated version of oversight stmt.

[Michael Froomkin - U.Miami School of Law]

while I happen to agree with the sentiment, there are many other groups 
pushing for this and it's going to happen

what's less obviously going to happen is representation of individual 
users and civil society groups...

On Wed, 28 Sep 2005, klohento at panos-ao.org wrote:

> Dear all:
>
> It seems to me, there is no reference to developing countries in the
> statement, and since in my opinion developing countries don't have
> *enough* opportunities to be participate in ICANN body and governance
> mechanisms, I propose (in line with the African Caucus statement) that a
> small addition is made to point 2 (in capital letters) which could read
> : please edit the English if needed.
>
> 2. ICANN must ensure full and equal multi-stakeholder participation on
> its Board[add,] and throughout its organizational structure[add:s,] of the
> community
> of Internet users, national governments, civil society, the technical
> community,
> business associations, non profit organizations and non-business
> organizations; PARTICULAR ATTENTION SHOULD BE PAID TO DEVELOVING COUNTRIES PARTICIPATION.
>
> Ken Lohento
>
> karen banks a écrit :
>
>> thanks avri
>>
>> changes in []
>>
>> karen
>> -----
>>
>> Political Oversight
>>
>> 62b: We recognize that the time has come for a change in the political
>> oversight of the logical Internet infrastructure. We do not recommend
>> the creation of a new inter-governmental oversight organization for
>> domain names and IP addresses. However, we do recommend the
>> following changes with regard to ICANN be implemented [add:with]in a reasonable
>> time frame:
>>
>> 1. The US Government recommits to handing over its pre-eminent role of
>> stewardship in relation to ICANN and the DNS root.
>>
>> 2. ICANN must ensure full and equal multi-stakeholder participation on
>> its Board[add,] and throughout its organizational structure[add:s,] of the
>> community
>> of Internet users, national governments, civil society, the technical
>> community,
>> business associations, non profit organizations and non-business
>> organizations.
>>
>> 3. ICANN must ensure that it establishes clear, transparent rules and
>> procedures commensurate with international norms and principles for
>> fair administrative decision-making to provide for predictable policy
>> outcomes.
>>
>> 4. There should be a process for extraordinary appeal of ICANN'S
>> decisions in the form of an independent multi-stakeholder review
>> commission invoked on a case-by-case basis.
>>
>>  Note: Just to be clear, we are not calling for an inter-governmental
>>            oversight structure, and we don't see an independent review
>>           process as a path towards that direction.
>>
>> 5. ICANN will negotiate an appropriate host country agreement to
>> replace its California Incorporation, being careful to retain those
>> aspects of its California Incorporation that enhance its accountability
>> to the global Internet user community.
>>
>> 6. ICANN's decisions, and any host country agreement[add:,] must be
>> required to comply with public policy requirements negotiated through
>> international treaties in regard to, inter alia, human rights treaties,
>> privacy rights, and trade rules.
>>
>> karenb: not that important, but wonder if we should break 6. into two paras
>> - one on compliance, one on right to invoke binding appeals process - also,
>> a long para and easier to read if broken up
>>
>> Governments,  individuals, and international organizations, including NGOs,
>> would  have the right
>> and responsibility of bringing violations of these requirements
>> to the attention of ICANN and if satisfactory resolution cannot be reached
>> using ICANN internal processes, should have the right to invoke a binding
>> appeals process.
>>
>> 7. Once all of the above conditions are met, the US Government
>> shall transfer the IANA function to ICANN.
>>
>> 8. It is expected that the International multistakeholder community
>> will take part in the process through participation in the ICANN process.
>> It is also expected that the multistakeholder community will observe and
>> comment on the progress made in this process through the proposed Forum.
>>
>>
>>
>> _______________________________________________
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>>
>>
>>
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-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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