[gnso-vi-feb10] Off Topic - Minority Reports

[Avri Doria <avri@xxxxxxx>]

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.