ICANN ICANN Email List Archives

[gnso-whois-wg]


<<< Chronological Index >>>    <<< Thread Index >>>

Re: [gnso-whois-wg] GAC role? (was: Statement of Interest)

  • To: "Dan Krimm" <dan@xxxxxxxxxxxxxxxx>
  • Subject: Re: [gnso-whois-wg] GAC role? (was: Statement of Interest)
  • From: "Bertrand de La Chapelle" <bdelachapelle@xxxxxxxxx>
  • Date: Thu, 3 May 2007 18:24:52 +0200

Dear Dan,

Your questions are a digression indeed, but certainly worth adressing as
background.

Not speaking on behalf of the whole GAC of course and without opening up the
debate, a few quick answers to your important questions :

On the main point, the answer is straightforward : there is no such thing as
a "formal veto authority" for the GAC, period. At the same time, whatever
Whois system comes out of this working group must take into account the
competence of national authorities and the rules that apply in their
respective jusridictions. This is actually what makes the whole issue so
interesting ... Hence the benefit of involving interested GAC members to get
the whole picture early on. It would be long to get into the details but we
can talk about it offlist or in one of the ICANN meetings.

In general, the relations between the ICANN community and the GAC members
are evolving constantly, and I feel it is in a good direction. The challenge
is to find what is most beneficial in terms of process and what allows to
achieve the best outcome for all. I strongly believe that the first element
is to reduce mistrust and enhance mutual confidence between actors who do
not speak together often enough and particularly not early enough on too
many issues. This is why I personally want to engage in this working group,
to concretely contribute to a more collaborative approach (did I say more
multi-stakeholder ? :-).

Talking about multi-stakeholderism, your remark about the interest of
involving ALAC is pertinent. I believe that is the case, isn't it ? Anyway,
this is the decision of the WG chair or the GNSO as they are the ones who
have set up the group.

As for some of your other questions, without getting into detail either,
they have a lot of relevance to the scientific domain called "game theory" :
- as for "stick(ing) to its own silo until it is time for the silos to come
together to negotiate", theoretical modeling and the study of negociation
dynamics show that the silo approach can often make the final consensus more
difficult than early open discussion : the silo approach catalyzes and
sometimes cristallizes positions on different tracks that can become harder
to reconcile later on; fits with my personal experience by the way; does not
mean that constituencies should not discuss or define positions among
themselves; there is a need for a balance here;
- the approach : "the extremes define the middle" is most appropriate for
uni-dimensional issues where a single parameter must be set (a level of
taxes for instance or a price). But it does not work the same for
multi-dimensional issues - a case we often encounter within ICANN; in that
case, the "middle" can just be a bad solution on all counts while the
optimal solution is based on a very specific balance of parameters that can
only be identified by bringing all the actors together and testing many
different combinations; in game theory, this is called "exploring the
fitness landscape of possible solutions".

Went a bit off track because of your remarks, but hope it is useful. It's
sometimes important to remember that however innovative our processes try to
be, there are well-known complex dynamics that are at play in them. We need
to be aware of these dynamics to help build consensus and avoid vicious
feedback loops that prevent it.

Best

Bertrand

On 5/1/07, Dan Krimm <dan@xxxxxxxxxxxxxxxx> wrote:

At 5:49 PM +0200 5/1/07, Bertrand de La Chapelle wrote:

>On process : after the extensive discussions within the GNSO and the GAC
>separately, it is important to bring the different categories of
>stakeholders together to address the problem in a joint effort rather
than
>in a "silo" approach. This is why as a GAC member, I am pleased
>to participate in this working group.


Bertrand,

This is an important consideration, as a few people here have already
mentioned GAC in regard to the OPOC WG, perhaps with an implication that
GAC has some sort of veto authority over the results of our deliberations.

Can you clarify your impression of the dynamics of authority vis-a-vis
GNSO
and GAC?  I was not aware that GAC had any formal veto authority over
recommendations of GNSO per se, and as a relative newcomer I would like to
understand this better.

If GAC would have differing views from GNSO with regard to OPOC (and Whois
policy, generally), it would seem that GNSO ought to start any such
negotiations from its strongest position, rather than pre-dilute its own
position in anticipation of some further compromise, if such compromise is
even appropriate in the first place.  (What in GAC's charter gives that
body an interest in the workings of this WG?  It could be that this WG
comes out with a policy that reduces GAC's interests.)

I am not that familiar with the consensus-building process surrounding
ICANN's multitude of advisory groups (it appears to be rather informal, if
it exists at all), but if any "hardball" is involved, then GNSO should
"play just as hard" as any other group, and stick to its own silo until it
is time for the silos to come together to negotiate, as "the extremes
define the middle."

Unless GNSO constituencies could have input into GAC deliberations...

Dan

PS -- What about other ICANN advisory groups?  If GAC has any role in our
deliberations, why not ALAC too?  Or perhaps GAC should begin to
incorporate NGOs formally and directly into its deliberative process like
WIPO, etc., so that its own representative structure reaches out to a
broader range of stakeholders (as GNSO makes an initial attempt to do,
with
its six constituencies, though I feel there remains much room for
improvement).  But, that of course is tangential from our narrow mandate
in
this WG.  Please forgive my digression, it is merely contextual.




-- ____________________ Bertrand de La Chapelle Délégué Spécial pour la Société de l'Information / Special Envoy for the Information Society Ministère des Affaires Etrangères / French Ministry of Foreign Affairs Tel : +33 (0)6 11 88 33 32

"Le plus beau métier des hommes, c'est d'unir les hommes" Antoine de Saint
Exupéry
("there is no better mission for humans than uniting humans")


<<< Chronological Index >>>    <<< Thread Index >>>