Below please find the comments of the Center for 
Democracy
and Technology, Common Cause, and Oxford University's 
Programme in Comparative
Media Law and Policy regarding the 
ICANN Staff Proposal for At-Large Study Implementation.Rob
Courtney
Policy Analyst
Center for Democracy & Technology
1634 Eye St. NW,
Suite 1100
Washington, DC 20006
202 637 9800
fax 202 637 0968
http://www.cdt.org/
rob@cdt.org
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COMMENTS OF
THE CENTER FOR DEMOCRACY AND TECHNOLOGY,
COMMON CAUSE, AND
THE
PROGRAMME IN COMPARATIVE MEDIA LAW AND POLICY 
(OXFORD UNIVERSITY) 
ON THE ICANN
STAFF RECOMMENDATION ON AT-LARGE 
STUDY IMPLEMENTATION
The Center for Democracy
& Technology (CDT), Common 
Cause and the Programme in Comparative Media Law and
Policy (PCMLP - Oxford University) offer the following concerns 
and comments
on the ICANN Staff Recommendation on 
At-Large study implementation. 
GENERAL
FRAMEWORK AND PRINCIPLES
We support the staff’s conception of a study that relies
on 
self-generated studies from within the ICANN and Internet 
community in
order to propose and explore different solutions to 
the problems of ICANN. 
We support the creation of a formal Study Committee to 
coordinate these outside
studies and to help guide them toward 
community consensus. 
ICANN'S RESPONSIBILITIES
TO THE STUDY EFFORT
A largely outsourced approach to the study cannot and should
not, however, absolve ICANN of important responsibilities it has 
to the Internet
community as a whole. ICANN’s founding 
documents, public statements made by its
officers, and its 
agreements with the U.S. government all have committed ICANN
to meaningful representation of the Internet user community on 
its board
of directors. 
We believe that ICANN’s requisite commitment to the concept of 
public
representation should guide the Staff Recommendation 
and consequently, the implementation
of the At-Large Study.
The Staff Recommendation on At-Large Study Implementation
reiterates this principle by acknowledging that "it has been 
assumed from
the time of ICANN’s creation that there must be 
some mechanism for the Internet
community as a whole to 
provide input and accountability to ICANN – and to help
to more 
broadly legitimize the decisions and actions of ICANN."
CDT, Common
Cause, and PCMLP strongly believe that the nine 
Board seats currently reserved
for At-Large Directors fulfill that 
purpose, and are necessary to counterbalance
the nine seats 
held by the Supporting Organizations. In the past, we have 
strongly
opposed any effort that appeared to put at risk these 
nine At-Large seats. It
has been our consistent view that the 
so-called  "Cairo compromise" contemplated
a post-election 
study of how best to select the At-Large directors, not whether
to 
have any At-Large directors at all.  
However, the board in Yokohama
expanded the scope of the 
study to review "whether the ICANN Board should include
"At 
Large" Directors[, and] if so, how many such Directors there 
should be."
We believe this expansion of the study was 
unwarranted and unnecessarily opened
up a question that 
should by now be settled in favor of ICANN’s commitment to
have a strong public voice in its internal governance.
Accordingly, we urge
the Board to keep ICANN’s organizational 
commitment to public representation
in mind – what the staff 
paper calls the "logically inescapable" principle that
"the Internet 
community should have some appropriate input into ICANN 
policy
decisions" – while evaluating the Staff Recommendation 
on the At-Large Study
Implementation.
**We offer the following specific comments on the staff 
proposal:**
1.
THE STUDY COMMITTEE SHOULD SPEND SIGNIFICANT 
EFFORT ON INTER-STUDY COORDINATION
AND GENERAL 
OUTREACH.
We strongly support the staff report’s recognition of
the Study 
Committee’s responsibility to "facilitate and encourage" studies 
outside
its own. Effective conduct of these studies, however, will 
require a substantial
effort at communication and coordination 
on the part of the Study Committee.
Study processes should be 
diverse, but also transparent and open in their activities.
We 
hope, therefore, that the Board will provide the Study Committee 
with
more specific indications of its proper role, including:
- The establishment and
maintenance, throughout the study 
process, of a web-based forum for public input.
-
A fully transparent and public Committee process, including 
open meetings of
the Committee with prior notice to the 
Community, and public access to all studies,
reports, 
memoranda and other documents considered by or generated 
by the
Committee.
- The creation of a Study Committee web site, for 
intercommunication
and data sharing both among independent 
study groups and between those study
groups and the Study 
Committee.
- The creation of electronic mailing lists,
for updates on the study 
process, intercommunication between its participants,
and 
discussion by the public.
- Several in-person meetings sponsored by the
Study 
Committee, in a geographically-diverse set of locations, to 
conduct
public outreach and solicit input.
- A substantial workshop, sponsored by the Study
Committee, 
about the study of the At Large directors, to take place in 
conjunction
with the ICANN Meeting in Melbourne.
- Development of suggested timelines for the
conduct of 
independent studies.
- A substantially open drafting process, with
full justification of 
any conclusions reached in the Committee’s final report
to the 
Board.
In addition, the Board should explicitly charge the Study 
Committee
with on- and off-line outreach, coordination, and 
education, and should expect
vigorous activity from the 
Committee.
2. ICANN SHOULD GUARANTEE ADEQUATE RESOURCES
TO 
THE STUDY COMMITTEE. 
Since the Study Committee will play a critical role
in securing the 
public’s long-term voice in ICANN, the Board should fully support
the Committee’s work. It cannot reasonably do so without 
assuming responsibility
for funding the Committee’s activity. 
ICANN resources should be used to provide
at least a 
substantial part of the Study Committee’s operating expenses, 
and
the Board should direct staff to explore additional funding 
sources. 
Should
ICANN fail to make funding a top priority, the Internet 
community may perceive
a lack of commitment to the study effort 
and could prevent meaningful consensus
from ever being 
reached. Further, a lack of funding will likely cripple the 
Committee’s
ability to perform effectively the necessary 
co-ordination tasks outlined above.
3.
THE STUDY COMMITTEE SHOULD PROVIDE ELECTION 
DATA SWIFTLY, WIDELY, AND IN A MANNER
CONSISTENT 
WITH PERSONAL PRIVACY. 
The Study Committee should, consistent with
ICANN’s 
commitment to personal privacy of its members, take 
responsibility
for public provision of all data regarding the 
At-Large Membership’s registration
and voting processes. In 
doing so, the Study Committee should consider available
methods of protecting individual privacy, such as withholding 
election data
that is personally identifiable and not critical to the 
study effort (such as
name and address), or transforming 
election data that is personally identifiable
but critical to studying 
the election (such as IP address and member ID number),
so 
that personal identities are not disclosed.
4. IN ITS CONSIDERATION OF THE
BOARD'S STRUCTURE, 
THE STUDY COMMITTEE SHOULD EXPLORE THE LARGER 
CONTEXT
OF DECISION MAKING WITHIN ICANN. 
The ICANN Bylaws call for the Study Committee
to consider both 
whether there should continue to be At Large directors and,
if so, 
how many. We believe that these questions about the Board’s 
structure
can be addressed only in the larger context of 
considering the number of Directors
from all of ICANN’s 
constituencies. 
Recommendations from the Study Committee
about the 
structure of the Board structure could well lack legitimacy unless
the overall questions of the Board’s composition are fairly 
included within
the study. Accordingly, if questions about the 
existence and number of At Large
directors are to be put into the 
study agenda, we urge the Board to properly
shape the mission 
of the Study Committee by providing it with a sufficiently
broad 
mandate to study the overall composition of the Board as a 
whole. 
CDT,
Common Cause and PCMLP appreciate this opportunity to 
comment on the implementation
of the At-Large study process. 
We look forward to working with the Board to establish
a 
legitimate and effective study process.