[governance] Re: [Arab IGF] ICANN to get $8 Million More from New .com Deal

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Sat Aug 4 15:43:51 EDT 2012


On Sun, Aug 5, 2012 at 6:13 AM, Fahd A. Batayneh <fahd.batayneh at gmail.com>wrote:

> Alejandro, while I have no negative stance against the ICANN board or any
> board member in particular, there remains two unanswered questions for me:
>
>    1. How did the board approve .xxx while the community was against it.
>
> To examine and analyse this discretionary power and authority one has to
go to the ICANN By laws. Is the Board obliged to accept the advice of
Advisory Committees or do they have their own discretionary capacity.

>
>    1. How did the board approve the New gTLD program while many answers
>    and concerns were unanswered. Even after the program was launched, the "TAS
>    glitch" caused lots of controversy. Even worst, ICANN is talking about the
>    next New gTLD round (initially planed for 2013) when current issues have
>    not been resolved yet.
>
>  If you revisit the Transcripts of the ICANN Meeting in Singapore, there
was one sole dissenter (I could be wrong, maybe there were two, it would be
worthwhile to check) and the lone dissenter raised objections with his
rationale. However at the same time, to be fair the commercial world
thrives on risks and the Board in this instance had the ultimate discretion
to make the call. The obligation to manage and mitigate the risks is
another issue. There is a delicate balance between listening to the
community and feedback and  making decisions. I still recall Tina Dam
raising at the San Jose meeting her reservations about "Digital Archery"
which was ultimately scrapped. However, one thing must be said is that
ICANN is a community that is open and you can write or make submissions as
an "affected party". For Governments, the GAC, for non- commercial
stakeholders and At Large. There are other avenues other than commercial
stakeholders where people can raise their concerns.

One of the remarkable things about the current Board is that they are also
going out of their way to extract feedback from the global community. They
are also bound by core values within the ICANN By Laws and if people are
not happy with how this is unfolding, then there are mechanisms in place to
raise these concerns etc.

What makes things even worst is that many board members (in their capacity
> as employers of their respective firms) benifited their respective
> employers with the approval of the New gTLD program. Even more, some past
> board members jumped to greener shores with business ventures elsewhere
> (and I am sure you know what I exactly mean).
>
> Yes, that literally enraged the wider global community in terms of
"conflict of interest" management. The reality is that situation boiled
down to personal integrity and ethics as legally. This was of course
through rigorous consultations with the global community  addressed so that
it never happens again.


>
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