[governance] appeal to the IESG over the way RFC 6852 was published
GTW
gtw at gtwassociates.com
Wed Apr 10 13:18:15 EDT 2013
Mr Morfin ... you might wish to contemplate the relevance of the WTO TBT
DECISION OF THE COMMITTEE ON PRINCIPLES FOR THE DEVELOPMENT OF INTERNATIONAL
STANDARDS, GUIDES AND RECOMMENDATIONS WITH RELATION TO ARTICLES 2, 5 AND
ANNEX 3 OF THE AGREEMENT
> In the coming weeks, I will try to introduce an individual submission
> or two for information that could be used as a multistakeholder
> experience of open cooperation between private sector and civil
> society standardization efforts
clip of principles from
https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-2.aspx?Id=101299&BoxNumber=3&DocumentPartNumber=1&Language=E&Window=L&PreviewContext=DP&FullTextSearch=#
DECISION OF THE COMMITTEE ON PRINCIPLES FOR THE DEVELOPMENT OF
INTERNATIONAL STANDARDS, GUIDES AND RECOMMENDATIONS WITH RELATION TO
ARTICLES 2, 5 AND ANNEX 3 OF THE AGREEMENT
Decision 132
25. The following principles and procedures should be observed, when
international standards, guides and recommendations (as mentioned under
Articles 2, 5 and Annex 3 of the TBT Agreement for the preparation of
mandatory technical regulations, conformity assessment procedures and
voluntary standards) are elaborated, to ensure transparency, openness,
impartiality and consensus, effectiveness and relevance, coherence, and to
address the concerns of developing countries.
26. The same principles should also be observed when technical work or a
part of the international standard development is delegated under agreements
or contracts by international standardizing bodies to other relevant
organizations, including regional bodies.
1. Transparency
27. All essential information regarding current work programmes, as well as
on proposals for standards, guides and recommendations under consideration
and on the final results should be made easily accessible to at least all
interested parties in the territories of at least all WTO Members.
Procedures should be established so that adequate time and opportunities are
provided for written comments. The information on these procedures should be
effectively disseminated.
28. In providing the essential information, the transparency procedures
should, at a minimum, include:
(a) the publication of a notice at an early appropriate stage, in such a
manner as to enable interested parties to become acquainted with it, that
the international standardizing body proposes to develop a particular
standard;
(b) the notification or other communication through established mechanisms
to members of the international standardizing body, providing a brief
description of the scope of the draft standard, including its objective and
rationale. Such communications shall take place at an early appropriate
stage, when amendments can still be introduced and comments taken into
account;
(c) upon request, the prompt provision to members of the international
standardizing body of the text of the draft standard;
(d) the provision of an adequate period of time for interested parties in
the territory of at least all members of the international standardizing
body to make comments in writing and take these written comments into
account in the further consideration of the standard;
(e) the prompt publication of a standard upon adoption; and
(f) to publish periodically a work programme containing information on the
standards currently being prepared and adopted.
29. It is recognized that the publication and communication of notices,
notifications, draft standards, comments, adopted standards or work
programmes electronically, via the Internet, where feasible, can provide a
useful means of ensuring the timely provision of information. At the same
time, it is also recognized that the requisite technical means may not be
available in some cases, particularly with regard to developing countries.
Accordingly, it is important that procedures are in place to enable hard
copies of such documents to be made available upon request.
2. Openness
30. Membership of an international standardizing body should be open on a
non-discriminatory basis to relevant bodies of at least all WTO Members.
This would include openness without discrimination with respect to the
participation at the policy development level and at every stage of
standards development, such as the:
(a) proposal and acceptance of new work items;
(b) technical discussion on proposals;
(c) submission of comments on drafts in order that they can be taken into
account;
(d) reviewing existing standards;
(e) voting and adoption of standards; and
(f) dissemination of the adopted standards.
31. Any interested member of the international standardizing body,
including especially developing country Members, with an interest in a
specific standardization activity should be provided with meaningful
opportunities to participate at all stages of standard development. It is
noted that with respect to standardizing bodies within the territory of a
WTO Member that have accepted the Code of Good Practice for the Preparation,
Adoption and Application of Standards by Standardizing Bodies (Annex 3 of
the TBT Agreement) participation in a particular international
standardization activity takes place, wherever possible, through one
delegation representing all standardizing bodies in the territory that have
adopted, or expected to adopt, standards for the subject-matter to which the
international standardization activity relates. This is illustrative of the
importance of participation in the international standardizing process
accommodating all relevant interests.
3. Impartiality and Consensus
32. All relevant bodies of WTO Members should be provided with meaningful
opportunities to contribute to the elaboration of an international standard
so that the standard development process will not give privilege to, or
favour the interests of, a particular supplier/s, country/ies or region/s.
Consensus procedures should be established that seek to take into account
the views of all parties concerned and to reconcile any conflicting
arguments.
33. Impartiality should be accorded throughout all the standards
development process with respect to, among other things:
(a) access to participation in work;
(b) submission of comments on drafts;
(c) consideration of views expressed and comments made;
(d) decision-making through consensus;
(e) obtaining of information and documents;
(f) dissemination of the international standard;
(g) fees charged for documents;
(h) right to transpose the international standard into a regional or
national standard; and
(i) revision of the international standard.
4. Effectiveness and Relevance
34. In order to serve the interests of the WTO membership in facilitating
international trade and preventing unnecessary trade barriers, international
standards need to be relevant and to effectively respond to regulatory and
market needs, as well as scientific and technological developments in
various countries. They should not distort the global market, have adverse
effects on fair competition, or stifle innovation and technological
development. In addition, they should not give preference to the
characteristics or requirements of specific countries or regions when
different needs or interests exist in other countries or regions. Whenever
possible, international standards should be performance based rather than
based on design or descriptive characteristics.
35. Accordingly, it is important that international standardizing bodies:
(a) take account of relevant regulatory or market needs, as feasible and
appropriate, as well as scientific and technological developments in the
elaboration of standards;
(b) put in place procedures aimed at identifying and reviewing standards
that have become obsolete, inappropriate or ineffective for various reasons;
and
(c) put in place procedures aimed at improving communication with the World
Trade Organization.
5. Coherence
36. In order to avoid the development of conflicting international
standards, it is important that international standardizing bodies avoid
duplication of, or overlap with, the work of other international
standardizing bodies. In this respect, cooperation and coordination with
other relevant international bodies is essential.
6. Development Dimension
37. Constraints on developing countries, in particular, to effectively
participate in standards development, should be taken into consideration in
the standards development process. Tangible ways of facilitating developing
countries' participation in international standards development should be
sought. The impartiality and openness of any international standardization
process requires that developing countries are not excluded de facto from
the process. With respect to improving participation by developing
countries, it may be appropriate to use technical assistance, in line with
Article 11 of the TBT Agreement. Provisions for capacity building and
technical assistance within international standardizing bodies are important
in this context.
--------------------------------------------------
From: "JFC Morfin" <jefsey at jefsey.com>
Sent: Tuesday, April 09, 2013 7:37 PM
To: <governance at lists.igcaucus.org>
Subject: [governance] appeal to the IESG over the way RFC 6852 was published
> For your information I have sent the following mail a few days ago to
> Jari Arrko, the Chair of IETF, without any response yet. (Usually the
> acknowledgment by the Chair is within a few hours).
>
> In a nutshell: RFC 6852 (in annex in my PDF) publishes without
> comments the new IETF,IAB, IEEE, W3C, ISOC paradigm to make the
> internet market palatable.
>
> The purpose of my appeal is NOT to discuss their statement. It is to
> make them explain if:
>
> - either they intent to make the internet the standardization monopoly
> of a market oriented consortium they name "OpenStand" they call us to
> support.
>
> - or they eventually adopt a multistakeholder approach where they
> contribute for the private sector, on par with ITU (for Govs), ISO
> (for intenational organisations) and a civil society "OpenUse"
> innovative endeavour.
>
> jfc
>
> ----
>
> Dear IESG Chair and IESG Members,
>
> For several weeks I have tried, as per RFC 2026, to avoid an appeal
> concerning the way RFC 6852 was published and to consider along with
> the author, now the IAB Chair, and the IETF Chair as to how to remedy
> the various confusions and risks resulting from a simple quote of the
> IAB, IETF, ISOC, IEEE, W3C statement as an IAB RFC, without any IAB
> contextual explanation and/or an IESG disclaimer.
>
> It seems that this effort has come to an end and that there is no
> other alternative for me to formally send this appeal to the IESG
> Chair in order to get things clarified with other organizations and
> innovation projects like mines that, otherwise, are today prevented
> from endorsing or supporting the IETF standardization paradigm.
>
> In the coming weeks, I will try to introduce an individual submission
> or two for information that could be used as a multistakeholder
> experience of open cooperation between private sector and civil
> society standardization efforts and help the multilogue over the
> digisphere operations, management, and standardization together with
> Governments and international organizations.
>
> I thank you for your attention, and for helping a still wider enhanced
> cooperation among the digisphere standardization and internet use
> stakeholders.
>
> Best regards
> JFC Morfin
>
> https://www.dropbox.com/s/qmx6rypqutnws5j/20130326-Appeal-IESG.pdf
>
> ----
>
>
>
> ____________________________________________________________
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George T. Willingmyre, P.E.
www.gtwassociates.com
301 421 4138
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