[governance] "Oversight"

[David Cake]

Having participated in one of the AoC review teams, I wouldn't describe the process as being particularly beholden to the GAC, or particularly typical of GAC operation. That it is not a typical example of GAC operation is a good thing - it is one of the few points within the ICANN process where GAC representatives act as equals to other community members . GAC reps on the RT act as individuals, contribute effort to the review alongside other community members, and their contributions are not treated as being 'the voice of the GAC', or representative of a national position. 

This contrasts with normal ICANN operation, where the GAC stays out of community policy development processes, but seeks to control the outcomes without direct participation ( and often from a fairly uninformed perspective as a result). 

However, the result is that the AoC process seems to not really represent GAC oversight, but rather, ICANN being accountable to the ICANN board, and ICANN overseeing itself. That the GAC participates in the ICANN self- oversight process (rather than staying within its somewhat dysfunctional silo) is a good thing, but doesn't really represent GAC oversight of ICANN in a meaningful sense in my experience. And the AoC process seems to be a valuable process for ICANN improvement, but doesn't really represent any weakening of those aspects of ICANN that are under direct US control. 

Regards 

David

Sent from my iPad

On 13/06/2012, at 12:43 PM, Milton L Mueller <mueller at syr.edu> wrote:

> 
> 
>> -----Original Message-----
>> For many weeks the debate about ICANN in this list has been
>> counterfactual in that it does not take into account that more and more
>> processes of ICANN have actually been moved a significant step away from
>> "unilateral US control", by being handed over to Review Teams which
>> operate under the Affirmation of Commitments and do not report to the
>> USG.
>> 
>> Instead, these reviews are reported to a combination of ICANN leadership
>> and the GAC. So far the Accountability and Transparency Review has been
> 
> [Milton L Mueller] 
> 
> So ICANN's Board is accountable to....ICANN's Board. And the GAC! You invoke the GAC! 
> 
> So, let me see if I have it right: it is a terrible thing to make ICANN report to a UN agency, or governed by a treaty, but it is OK to make it report to a committee of governmental representatives that exactly mirror the UN in membership eligibility, and which is composed of the exact same governments who comprise the UN. 
> 
> The difference being that the GAC is unburdened by any law or treaty, its decisions or pronouncements do not have to be consistent with its members own national law, nor ratified by any democratically elected entity. 
> 
> Thank you for making the flaws of the AoC so evident. No wonder the Parminders of the world are dissatisfied. This is grist for their mill, really. 
> 
> 
> 
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