[governance] ICANN RFC on its performance

[Veni Markovski]

At 18:28 5/13/2007  -0700, Karl Auerbach wrote:
>Your comments prove my point - that mechanisms of openness, 
>transparency, and accountability must be built into institutions of 
>internet governance at the genetic foundation level else they will 
>be excused, avoided, vitiated, and replaced with placebo substitutes.

But that's a good example of what you could do - right? Instead of 
writing in this list, go ahead, suggest it to the public. Make your 
contribution known, by publishing it within the current process. Is 
this process good? Perhaps it could be better? Is it timely? Perhaps 
some would disagree. But can you contribute? Yes, you can.

>You continue to assert that ICANN has changed.  OK, let's hold a 
>real election to see what the internet community says.

Again - make this as part of your proposals. I am just one of the 
members of this community, and chair of ISOC-Bulgaria. I do what I 
have to in my own country to change things positively. I don't keep 
on complaining about the things that don't change, regardless of my 
desire - I just try to make my case, and persuade the others that I 
am right. But I don't do that by starting from 1999, when I was suing 
the Bulgarian government against the licensing of the Internet 
Service Providers, regardless of the fact that this was the first 
ever such a case in my country, and regardless of the fact that we 
won (see http://www.isoc.bg/kpd for more). This is just history, and 
I don't read it every day to see how right I was.

>On another point: You have never even tried to explain why ICANN has 
>chosen to hide, much less is justified in hiding, an official 
>written communication made by a sitting director to the full board 
>made during a public meeting.

I don't think I should try to explain why ICANN has or has not done 
something. I've read your statements, I've talked to you on a number 
of occasions. I believe I am informed about many things, and I think 
anyone could be as informed as I am.

>Do you believe that bodies of internet governance should be 
>empowered to manipulate their histories and official documents?

I don't believe the transcript of a hearing is manipulated.

>To continue:
>
>>>Recommendation: All meetings of the Board of Directors and of its 
>>>committees should be audio-recorded and made available to the public. ...
>
>>Karl, four points here:
>>a) Would you agree that some people, who are non-native English 
>>speakers may have problems having their words recorded?
>
>A famous line in US politics is "If you can't take the heat, get out 
>of the kitchen."
>
>If a person on ICANN's board or committee can not make decisions in 
>a manner which allows the internet community to observe, to provide 
>input, to provide corrective guidance, and ultimately be called to 
>account, then that person should immediately resign.

Karl,
this is funny. You are not a non-native English speaker. I believe 
you and I share same background - law, but went into other type of 
businesses. But that alone is not enough for you to understand how 
I'd feel (although I believe that I speak relatively good English, 
for a foreigner). When I have chosen to be part of the ICANN Board, I 
agreed on certain terms. They did not include having every word of 
mine recorded. I am not a politician, or a member of the Parliament, 
to be looking for public performance, or rating, so that I'd love to 
have everything I say on the record. Besides, some of my jokes may 
have ground in a face, or a gesture, which you can't see in an 
audio-recording. So, it would be strange. As for the famous lines in 
the US politics - I really don't care that much about the US politics 
and what their "famous" lines are. I come from a country, which has 
written history records of about 2500 years, and famous lines like 
"If you are afraid of bears, don't go in the forest". Note, this is 
way before there were US politicians. But then, people knew 
beforehand what's to be expected in the forest. And if I've joined a 
board with minutes, then I've joined a board with minutes, not with 
audio-recording. And if I've felt that I am breaking the by-laws, or 
my moral standards, I would have resigned immediately. I have done so 
in some other organizations, by the way.


>Your arguments for secrecy in ICANN remind me of the claims of my 
>own President when he locks people up in foreign jails for 
>indeterminate period and without even the protections the civilized 
>world began to accept in the year 1215.

Karl,
I don't know your President, I don't vote for your President, and 
actually if I have to comment on that, he is your responsibility, not 
mine. So, if he reminds ME of something, that is that your elected him.

>You wrote:
>
>>I don't see anything amusing going always into your case against 
>>ICANN. This happened long time ago, and one of the signs ICANN has 
>>changed is, that the next directors didn't have the problems you've had.
>
>Why am I often making negative comments on ICANN?  The reason is 
>that there is so much about ICANN that is worthy of negative 
>comment.  Those negative matters have existed, and even gotten 
>worse, during the 9 years of ICANN's existence.

Well, that's your opinion. Mine is different. But then, I didn't sue 
the organization, and every time when I was on the Board I needed 
something from the staff, they would deliver it. May be because I 
knew how to ask, without necessarily going to court :-)

>Today is mother's day - so let's use that as a context for an 
>example: Suppose a mother were to tell her child that it is bad to 
>run with scissors?  Do you think that the child should turn on her, 
>rejecting her advice, and assailing her intent on the grounds that 
>such advice was given to children in prior days and is thus inappropriate?

So, shall we call you "Mom"? Or ICANN is your child ;)  I guess you 
understand that I'd prefer to focus on something more positive - e.g. 
I've noted already several things, which you could suggest to ICANN. 
But just stating something doesn't make it true. If  you can put 
aside your own bad memories from ICANN, I am sure you could 
contribute much more positively. And that doesn't mean that you have 
to say "ICANN is great!", but rather that you may say, "I think this 
could be better - here's how".

best,
Veni 
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