[gnso-ppsc-pdp] Fwd: [] Off Topic - Minority Reports

[Avri Doria <avri@xxxxxxx>]

Hi,

The following is a message that I sent to the VIWG.  


On 23 Jul 2010, at 13:07, Neuman, Jeff wrote:

> Can you submit a comment to the PDP-WT on your view of minority reports and 
> making sure that they are preserved?

Being lazy, I figured forwarding this message to this list was an easy way to 
do that. Of course if/when it comes time to talk about it, I will say more if 
need be.

cheers,

a.


Begin forwarded message:

> From: Avri Doria <avri@xxxxxxx>
> Date: 23 July 2010 11:19:50 EDT
> To: Gnso-vi-feb10@xxxxxxxxx
> Subject: [gnso-vi-feb10] Off Topic - Minority Reports
> 
> 
> 
> I have waited to write this until the report was released.
> 
>> From what little of the call I could be on yesterday, I heard a discussion 
>> that could have a chilling effect related to minority reports.
> 
> One member of the group told us that he was sick of being threatened by 
> minority reports.  I personally find this disturbing, and not only because I 
> had considered submitting such a report at one point in time.
> 
> The critical importance of minority reports has been recognized as the only 
> prevention from tyranny of the majority.  While we know that that the 
> majority is always right in a democratic process because that is the 
> definition of a democratic process, it does not mean that the minority may 
> not have a valid point to make.  While this overwhelming 
> rightness-by-defnition is even more the case in situations of rough 
> consensus, I believe that only makes recognition of the voice of a minority 
> that can respond to the voice of overwhelming majority even more important. 
> 
> One might argue that they don't have a problem with minority reports, they 
> just feel that pre-announcing it is a threat or an argument technique.  And 
> it is true that it might be.  But if someone does it all the time, the value 
> of that announcement will decrease in value.  It someone is either always 
> announcing one and pulling back, or is always writing them, their value is 
> decreased.    So while it is a tool that can be used whenever anyone wants, 
> it is also a tool that decreases in value the more often it is used. And 
> frankly, would people prefer for minority reports to show up unannounced 
> after all was said and done?  It seems that only right thing to do is to 
> declare the intention of creating such a report.
> 
> Then the question comes down to discussing ones reason for a minority report 
> before actually submitting.  Several people on this list spoke harshly of my 
> plan to submit one as a sandbagging if I did not explain my issues so that 
> there was the ability to discuss.  I think this was right even though it had 
> not been my original intent to explain.  What makes a minority report valid 
> is that it expresses an issue or concern that the writer feels was not 
> adequately understood and reflected upon by the group.  As a minority of one, 
> I had the responsibility to express my issue as clearly and completely as I 
> could.  And I had the responsibility to work toward compromise if this was 
> possible.
> 
> I have been part of the GNSO 'Improvements' Working Group work team and feel 
> that the use of minority reports is an important ingredient in ICANN 
> processes.  Just as postpartum reflections on the process are.  As we are 
> only at a temporary annealing point in this process, it is not yet time for 
> this reflection hence I labeled it  "Off Topic."  But I feel this group has 
> been exemplary i because of size, timing and the crucial importance of its 
> issue, so I wanted to put this note into the record for use when it is time 
> for WG self-analysis.  I also wanted to try and stem the type of behavior 
> that attempts to bully* those who put in minority reports by subjecting them 
> to abusive tones and attitudes.  
> 
> a.
> 
> * Not that either Anthony or I can be easily bullied.  But the next person 
> might be. And not that I want anyone in authority to prevent such abusive  
> behaviors, though I do hope people can decide to self modulate.