[governance] ITU vs. ICANN

Avri Doria avri at psg.com
Fri Oct 8 13:00:31 EDT 2010 

Hi,

I am all in favor of evolving ICANN to the point where its board is not subject to California law stipulating it inability to subject itself to outside veto but rather to a multistakeholder Internet Governance regime of some sort.    And yes, I understand we have different views of what the future should look like.

I was just making a descriptive stmt, not a normative one.

a.

On 8 Oct 2010, at 12:50, parminder wrote:

> 
> 
> On Friday 08 October 2010 09:30 PM, Avri Doria wrote:
>> Hi,
>> 
>> 
>> interesting question.
>> 
>> if the ITU so decides, what difference would it actually really make?  
>> other than raising heat and discord levels, that is.
>> 
>> there is no reason that ICANN would have to accept this decision.  
>> in fact, according to California law, it cannot accept an external veto.
>>   
>> 
> 
> I am very much against ITU taking over ICANN tasks or taking over its supervision, but try not quoting the control of ICANN by California law favorably to keep people like me on this of the argument :) 
> 
> 
> More substantially, I remain of the firm view, expressed often here, that our best bet is a new global IG policy and supervisory dispensation, which inter alia replaces US's supervision over the ICANN ( with ICANN continuing to do all the technical functions it does at present ), and which is more more open, with multistakeholder participation - a new age body. I  am also of the view that such a body (with the characteristics we want it to have, or close about ) was more likely at WSIS, more likely in the 2007 than today, still more likely today then it will be the next year, and its likelihood will keep coming down as time passes and more and more governments understand the Internet and how to control it.... There may just still be time. 
> 
> The alternatives to what I propose is an emerging IG regime, which is shaping up right now in front of our eyes, with the following compoments - greater ITU role, plus ACTA kind of plurilateral treaties undemocratically imposed on less powerful governments, plus national governments doing arbitrary and ad hoc controls and regulation over the Internet plus ad hoc GAC's interventions, without then being based on an clear principles, plus of course US being able to do anything it wants to the global critical Internet resources whenever it wants to (see discussions on COICA Bill in the US).
> 
> The best way forward for  civil society is to support a global process of developing general principles for Internet policies, along with new institutional mechanism to overlook the implementation of these principles and policies. And it will be best if civil society takes lead in this. That would our best best way to get as much foot in as possible..... I just keep hoping one day we will wake up to this imperative :) Parminder 
> 
>> and there is no reason why those who are already in the GAC would have to accept it either, because unless i am mistaken, ITU decisions do not have the value of treaties - and even then treaties only count after nations have signed them.  and in fact withdrawing from GAC would just decrease the near veto they already have on the ICANN Board.
>> 
>> interesting times.
>> 
>> a.
>> 
>> 
>> 
>> On 8 Oct 2010, at 11:41, Kleinwächter, Wolfgang wrote:
>> 
>>   
>> 
>>> "US and Russia face off over ICANN veto power
>>> 
>>> 
>>> 
>>> Kevin Murphy, October 6, 2010, 13:14:29 (UTC), Domain Policy 
>>> 
>>> The ruling body of the International Telecommunications Union this week kicked off a major policy-making meeting in Guadalajara, Mexico, and has already seen the US and Russia taking opposing stances over the future control of ICANN.
>>> 
>>> 
>>> 
>>> A group of former Soviet nations, chaired by the Russian Federation's Minister of Communications, seems to have proposed that the ITU should give itself veto power over ICANN decisions.
>>> 
>>> 
>>> 
>>> A proposal filed by the Regional Commonwealth in the field of Communications (RCC) calls for the ICANN Governmental Advisory Committee to be scrapped and replaced by an ITU group.
>>> 
>>> 
>>> 
>>> Consideration should be given to the expediency of having the functions of GAC carried out by a specially-constituted group within ITU with the authority to veto decisions adopted by the ICANN Board of Directors. If it is so decided, the ITU Secretary-General should be instructed to consult ICANN on the matter.
>>> 
>>> 
>>> 
>>> The proposal was first noted by Gregory Francis at CircleID. 
>>> 
>>> 
>>> 
>>> It says that the GAC is currently the only avenue open to governments to "defend their interests" but that it has "no decision-making authority and can do no more than express its wishes".
>>> 
>>> 
>>> 
>>> It also notes that fewer than 50% of nations are members of the GAC, and that only 20% or fewer actually participate in GAC meetings.
>>> 
>>> 
>>> 
>>> The proposal was apparently submitted to the ongoing ITU Plenipotentiary Conference but, in contrast to ICANN's policy of transparency, many ITU documents are only accessible to its members.
>>> 
>>> 
>>> 
>>> A reader was kind enough to send me text extracted from the document. I've been unable to verify its authenticity, but I've no particular reason to believe it's bogus.
>>> 
>>> 
>>> 
>>> The RCC was set up in 1991 to increase cooperation between telecommunications and postal operators in the post-Soviet era. Its board is comprised of communications ministers from a dozen nations.
>>> 
>>> 
>>> 
>>> Its position on ICANN appears to be also held by the Russian government. Igor Shchegolev, its communications minister, is chair of the RCC board.
>>> 
>>> 
>>> 
>>> At the Plenipotentiary on Tuesday, Shechegolev said (via Google Translate): 
>>> 
>>> 
>>> 
>>> We believe that the ITU is capable of such tasks to international public policy, Internet governance, its development and finally, protection of interests of countries in ICANN. 
>>> 
>>> 
>>> 
>>> Meanwhile, the US has committed itself to the multi-stakeholder model of internet governance as embodied by ICANN. The State Department's Philip Verveer told the conference:
>>> 
>>> 
>>> 
>>> the ITU should be a place where the development of the Internet is fostered. The Internet has progressed and evolved in a remarkably successful way under the existing multi-stakeholder arrangements. Changes, especially changes involving inter-governmental controls, are likely to impair the dynamism of the Internet-something we all have an interest in avoiding. 
>>> 
>>> 
>>> 
>>> ICANN itself has no formal presence at the Plenipotentiary, after ITU secretary-general Hamadoun Toure turned down a request by ICANN president Rod Beckstrom for observer status.
>>> 
>>> 
>>> 
>>> The conference carries on until October 22. It's likely that we haven't heard the last of the anti-ICANN rhetoric."
>>> 
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