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Workshop: JPA Discussion & President's Strategy Comittee Presentation

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Domaine.info and ICANN present... Workshop: JPA Discussion Monday 23 June 2008 The PSC itself is an evolving body but these are the key drafting members who have been involved heavily in the documentation that's before you To remind members of the community about the origins of the President's Strategy Committee In ICANN, we have two types of committees We have the Board Committees And then for some reason that goes way back into the deep, dark mists of time we have President's Committees. So this Committee is not a Board Committee It is a committee, brought together to give advice to the Board And it is only to give advice on strategy issues, it is not the final decision-making body So what you will hear today is a presentation from a group of people directed towards the best interests of our community for consultation but only to give advice and let me be quite clear, the final decision-making body on such matters is the ICANN Board under the ICANN bylaws. We produced three different documents At different levels of complexity The first one, which was intended to be the simplest, most obvious, strategic document for presentation to Ministers, Chairmans of Boards , groups that didn't have the time to dive too deeply into the analysis is the Action Plan. That sets out in five key steps what we actually think we need to do. And we supported that, for those of you have much more time and want to analyze the issues more deeply, a more detailed paper discussing the issues and the background and giving references. And we see all of these as living documents and this one in particular to be expanded as more relevant and other research is done And then we've included an FAQ - a Frequently Asked Questions - document because those of us who have been living this for a long time understand completely acronyms like MoU, JPA, and IANA and even ICANN But we don't want through the use of those acronyms to exclude anyone, particularly newcomers to the debate and so we've published a set of simple question and answers And what we've done is set out what we think are the five key elements of the plan And then we go forward and explain them slightly The overwhelming message that we have got from everyone as we do this, is that ICANN going forward into the future, must be safeguarded from capture The institution, the mechanisms, the processes and therefore the outcomes must not be subject to domination by any particular group or groups Any particular groups such as a single government, or a group of governments, some individuals some corporations or a single corporation we must have systems that ensure that the multi-stakeholder model is preserved and protected against capture and abuse. So we think that's what the community wants is tighter accountability mechanisms on decisions and finally the ability to unseat a Board that it thinks is not responding properly. Globalisation The Internet is growing enormously all over the world I was talking to my friends from .CN the Chinese registry who tell me they have just gone past 12 million domain names So China, within a month or two, will probably surpass Germany as the largest of the country code registrations And you won't be at all surprised to know that that kind of growth has been going on in China, and there are many other statistics that point to that. Similarly, in India. So we need to ensure that the Internet organizations of the future meet all of the globalization trends. At the same time, We want to suggest that we confirm headquarters in the United States. And that's for a number of very practical reasons. We have explored the possibility of setting up for other administrative purposes different legal subsidiaries of ICANN in those jurisdictions that are suitable. This will allow us to have other contracts, other arrangements Paul mentioned some of the difficulties of staff, and visas, and bank accounts etcetera So if we're going to be a global organization, we need more. And we must never lose sight of the fact that we are responsible for coordinating the essential resources that keep the Internet running. It's my observation, as someone who has been involved in ICANN before the days it was even called NewCo that one of the things that really contributes to trust is when people speak clearly and directly but also when they acknowledge what their interests are. And I think that in this community particular with the diversity of interests that people bring, and the diversity of perspectives they bring, and as we are working together to make a number of very critical decisions parties need to keep in mind that they are here because they have an interest and they need to declare it. Try to look at what you see... the whole problem on different layers you have specific procedures for the Board and also for the councils. And it is much easier sometimes for the Board if it redelegates decision-making to the Council because the knowledge, the expertise, and also the constituencies which have to find a consensus. Let's say in the traditional way of trying to get the right votes together to get a majority. Thank you for that. Rob - we'll make you the last one on this - and then we'll move on Well, internationalization - is that the proper word first of all? Should we talk about globalization? Actually, globalization is here upon us already So I think that whatever word we choose to offer you for debate, the idea is that we have to endow ICANN with all the appropriate tools to meet its global challenge. I think that is of the essence. How we do it can be discussed - I think that the general aim is quite clear So I think that we can derive one or two ideas from this general statement - provided you are in agreement with that - if you're not, I'm glad to hear from you The first is that we have to look into the future Internationalization is one of the greatest features of the future it is this globalization. The multiplying of users, but also the infinite variety of usages or uses, which can be made of the Internet When we speak about globalization or internationalization what it is not meant to mean and that is an inter-governmental structure. We all know the debates that were held at the WSIS and I think that we have advanced pretty far from those days. Also, among the governments, there was a question about capture by governments and I would just say that I haven't detected after WSIS the second phase, so much of those conspiracies any more actually the Internet Governance Forum has provided a good framework for governments granually are adopting into this multi-stakeholder mode where they certainly are participants - not trying to capture anything If we are talking about globalization, then the issue of languages is vitally important. We have to be able to express ourselves in the language that we master the best. And that's why I have decided to speak in French. Having said that, I have two comments to make on this issue. My first comment is linked to the fact that ICANN's job is to manage global resources, a resource which is global. This means that we have to be able to handle the global nature of this resource that we are supposed to manage. I guess first off I'd really like to congratulate the PSC for its work I think the documents that are posted are really useful they're very clear and understandable and I think the questions for the consultation are very put I don't completely agree with the direction all of them are going, but I think they're provocative and I think they'll produce some really useful answers that can be helpful input going forward. I have to say this one point is the one that mystified me the most it's not as well elaborated in the presentation as to what the driver for this is. and precisely how it would work. I'm having some trouble visualizing it And one of the concerns I have about this certainly has nothing to do with globalization - I think ICANN has to do whatever it can to be seen to be serving the needs of people around the globe. but it's the notion of the global legal presences that troubles me a little bit and I preface this saying that I'm not a lawyer but having observed lawyers in legal systems in conflict over a few years I really worry about the possible implications of establishing multiple legal presences and having to deal with multiple legal regimes. I think there's a separation in this proposal between two concepts: one is the further deepening of ICANN's globalization and I think a statement which is reasonably in accord with many in the community, that ICANN needs to increasingly be able to serve its community. It performs a global function, but nevertheless has to interact with people who live in geographies and timezones. And so aspects of what it has to do has to be able to live with that reality So that's one element of it. But let's come to the specific element of legal identity. Which is I think you're question: why separate legal identities? This is where I'll be administratively frank -- We will not shift our headquarters from the United States we presently do operate some offices and we will shortly be opening some more or one more at least - in other countries. The process of establishing those is not an easy process. To establish a subsidiary entity of a California not-for-profit public-benefit corporation and to deal with such issues as your requirements under government pension laws We have staff on board who frankly we cannot send to the United States neither their fault nor anybody else - their countries have requirements for visas for the United States and vice versa, which makes it actually quite difficult. They can only visit the US twice in a two-year period before they've got to renew visas. These sorts of issues emerge... Your comments and reactions welcome: [email protected]

Video Details

Duration: 12 minutes and 28 seconds
Country: France
Language: English
Producer: Domaine.info - ICANN
Director: Sam Syamak Bavafa
Views: 5,449
Posted by: icann on Jul 7, 2008

ICANN PARIS 2008
32nd ICANN Meeting
Hôtel Méridien Montparnasse
Monday, June 23rd
13:30-15:30 - Room: Utrillo

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