[governance] JPA near final with bracketed text

[Ian Peter]

The following draft (or next version of it) will need to be presented for
consensus within 24 hours. It includes toward the end an area of bracketed
text. To assist with resolving the main remaining issue, please indicate
your preference of versions with either of the following

YES without bracketed text

Or

YES with bracketed text


If the inclusion of bracketed text would actually lead you to oppose
consensus on the final statement, please indicate that as well.

Your response will help to determine which draft we will proceed with.

Thanks,

Ian Peter

The Internet Governance Caucus is a global coalition of civil society and
non governmental organisations and individuals actively involved the UN¹s
Internet Governance Forum (IGF) process. Formed during the lead up to the
World Summit on the Information Society (WSIS), our mission is to provide a
forum for discussion, advocacy, action, and for representation of civil
society contributions in  Internet governance processes. We have several
hundred members, with a wide spread of geographic representation; more about
our coalition can be found at www.igcaucus.org.
 
We are thankful for the opportunity to comment on the JPA with ICANN, and
respectfully submit as  follows.
In responding to your call for comments, we are mindful of the WSIS
principles, which " recognize that Internet governance, carried out
according to the Geneva principles, is an essential element for a
people-centred, inclusive, development-oriented and non-discriminatory
Information Society². We also recognise the need for high levels of global
co-operation from all stakeholder groups to ensure Internet stability and
security. 

Irrespective of whether the JPA continues or not, we believe that certain
principles outlined below need to be embedded in ICANN¹s operation. We
believe these should be covered by an undertaking by ICANN to perpetuate in
its constitution, by laws, or some similar accountability mechanism, various
principles which follow. The principles need to be embedded in such a way as
to ensure they cannot easily be changed to exclude any stakeholder group.
The principles which need to be permanently embedded are:
 
·      bottom up co-ordination

 
·      balanced multi stakeholder representation, including civil society
interests and Internet users

 
·      ensuring the stability of the Internet

 
·      transparency

 
·      appropriate accountability mechanisms

 
·      continuing evolution of an effective and appropriate governance model
which is multilateral, multistakeholder, democratic, and transparent

 
·      decision making driven by the public interest

We also propose to replace "private sector management" with multistakeholder
management, which has evolved from the World Summit on the Information
Society and the Internet Governance Forum process which the US Government
has supported, and which is an important facet, we believe, of effective
internet governance  arrangements.
 
We think the establishment of firm principles to guide the evolution of a
model is the appropriate way to proceed. This should explicitly recognize
that ICANN is a global governance institution with regulatory authority over
an industry (domain name registration) and over critical resources (IP
addresses, root servers and addresses). The standards of due process,
rights, and accountability that apply to ICANN must be developed with these
facts in mind.   


BRACKETED TEXT FOLLOWS ­ PLEASE INDICATE ³YES² OR ³NO² TO ITS INCLUSION IN
YOUR RESPONSE


[On your question as regards the future of the JPA - The IGC firmly believes
that global co-operation will be enhanced by a transition beyond the JPA to
a situation where all stakeholders feel that they have equitable
arrangements for participation, that ICANN is subject to due process
procedures and is accountable to all stakeholders. Therefore, the IGC
believes that merely extending the current JPA arrangement is not a lasting
viable solution.
 Some of us believe the JPA should be ended now, as it is an ineffective
mechanism to deal with the problems that must be resolved to place ICANN on
a viable long-term path forward. On the other hand, some of us believe that
a time-limited extension of the JPA might be the most effective means to
ensure that ICANN does take on board necessary changes.
Irrespective of when the JPA actually ends however, the IGC believes that it
should be replaced by a new global accountability framework, the development
of which should commence as soon as possible in an open, multistakeholder,
transparent and inclusive process.]






 

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