Re: POLICY vs. IMPLEMENTAION (was [council] FW: Letter from the GAC regarding IOC/RC Protections)

[Volker Greimann <vgreimann@xxxxxxxxxxxxxxx>]

All,

I am in full agreement that a better definition of these terms is 
necessary and I appreciate staffs efforts in this matter, even though I 
think this needs broader community involvement. Definitely a session to 
attend in Beijing, so I would urge staff not to schedule it concurrently 
with other important sessions. One further consideration is the question 
if policy "taints" (for lack of a better word; I mean it without the 
negative connotations here) implementation. I would argue that even if a 
decision is 90% implementation and 10% policy, it should be enveloped 
under the umbrella of policy and therefore subject to GNSO approval.
Best,

Volker
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> Hi Jonathan and thanks for forwarding this.
> Jeff, this is an interesting idea which I've asked for comments on
> from our constituency group.
> I think it is a good idea to take a step back from the issues and look
> strategically at what is happening and why in the GNSO relationship
> with the GAC. The examples you cite are symptoms, I agree, of a wider
> problem and they will simply keep happening if not resolved. I'm not
> convinced getting agreed definitions of "policy" vs "implementation"
> will resolve some of these issues. But if it is a measure to assist
> and has community support then the Council should consider it.
> Thanks for raising this
> Kind regards
> Joy
>
> On 30/11/2012 3:55 a.m., Neuman, Jeff wrote:
> > All,
> >
> >
> >
> > We have a very serious problem here that needs immediate attention.
> > I am not referring to the merits of whether any of these
> > organizations deserve protection or not, or whether there should be
> > additional safeguards for IP owners in the new gTLD process or
> > whether certain Whois Review team recommendations could be put into
> > place .  Forget all of that.  Forget the merits and substance of
> > these important issues.
> >
> >
> >
> > The real issue is that new reliance on the terms “policy” vs.
> > “implementation.”  This is the issue that should receive top
> > priority. To quote Alan Greenberg (or at least paraphrase), when
> > one group wants something in place without using the policy
> > process, they call it “implementation.”  Those that oppose it, call
> > it “policy.”  While that statement was made several times by Alan
> > partly in jest, that statement does have merit.
> >
> >
> >
> > Lets look at the following 3 examples:
> >
> >
> >
> > 1.       _ IOC/RC_– As the letter sent around by Jonathan shows,
> > the GAC is thoroughly annoyed with the GNSO for starting a policy
> > process on the protection of IOC and Red Cross marks.  They believe
> > (although unstated), that they have exclusive jurisdiction over
> > these types of public policy issues and do not want the GNSO to
> > take “years” to work out whether these organizations (which they
> > believe are protected by law) should receive protections in the new
> > gTLD process.  Without commenting on the merits of this argument,
> > look at what they have done. They have called the protections as
> > nothing more than “implementation” and therefore, the GNSO should
> > explain itself as to why we believe we have a right to start a
> > policy process on it.  After all, implementation can just be
> > enacted by the Board.  There is no need for the GNSO to get
> > involved, in their view…nor do they want it.
> >
> >
> >
> > 2.       _Whois Review Team_:  The ICANN Board sought guidance from
> > the entire Internet community on whether the recommendations
> > involved “implementation” or “policy”.  Why? Because if it is
> > implementation, there is no need to involve the GNSO community and
> > it can just be enacted.  Those that supported the recommendations
> > wholeheartedly called them “implementation.”  Those that opposed
> > the recommendations called it “policy.”  I believe that many who
> > called it policy actually truly believe there are policy issues
> > involved, but some called it policy, to have it go through the long
> > drawn out process we call a PDP (with the hopes that it dies a slow
> > death).  Neither side of this debate is blameless.
> >
> >
> >
> > 3.       _The now infamous New gTLD “straw-man”_:  For the record,
> > I was a part of the group that discussed the straw man in Brussels
> > and LA over the past few weeks.  I found those discussions very
> > useful and appreciate the efforts being made by the new ICANN CEO,
> > who I have a tremendous amount of respect for.  I believe he truly
> > will make a huge positive impact on ICANN for many years to come.
> > But, now the debate has turned into what is policy and what is
> > implementation.  The IPC/BC and their representatives have called
> > all of their proposals “implementation”.   The NCSG, Registries,
> > Registrars and Applicants have called much of it policy.  ICANN
> > staff has now weighed in on their thoughts and have classified
> > certain items as implementation (thereby negating the need for GNSO
> > policy development), and other items as policy, thereby requiring
> > extensive involvement from the GNSO community – note I did NOT say
> > necessarily PDP).
> >
> >
> >
> > I believe we all need to take a step back from the issues
> > _immediately_ and decide once and for all an agreed upon bottom-up
> > multi-stakeholder definition of what is “policy” and what is
> > “implementation.”  Or at the very least a framework for making that
> > assessment when issues arise.  I would advocate for a cross
> > community group made up of members from ICANN staff, the GNSO, the
> > GAC and others to come together to figure this issue out, so that
> > we get out of this rut we are now in.  At the same time, we need to
> > fix the image of the GNSO policy processes so that they are no
> > longer feared, but embraced.  They need to not be used as vehicles
> > for delay, but rather utilized for the common good.
> >
> >
> >
> > If we are able to do this, I believe many of the issues we are now
> > having will become easier to resolve (and we can focus on the
> > merits). If not, I see these issues getting much worse over the
> > coming months/years.  I believe the future of the GNSO, and even
> > the multi-stakeholder model in general hinge on the definition of
> > these 2 words.
> >
> >
> >
> > I would be very happy to volunteer to serve on such a group.
> >
> >
> >
> > Thanks.
> >
> >
> >
> >
> >
> > *Jeffrey J. Neuman** **Neustar, Inc. / Vice President, Business
> > Affairs*
> >
> >
> >
> > *From:*owner-council@xxxxxxxxxxxxxx
> > [mailto:owner-council@xxxxxxxxxxxxxx] *On Behalf Of *Jonathan
> > Robinson *Sent:* Thursday, November 29, 2012 5:00 AM *To:*
> > council@xxxxxxxxxxxxxx *Subject:* [council] FW: Letter from the GAC
> > regarding IOC/RC Protections
> >
> >
> >
> > All,
> >
> >
> >
> > FYI.  Please see the attached letter received from the GAC last
> > night my time.
> >
> >
> >
> > Jonathan
> >
> >
> >
> > *From:*GAC Secretariat [mailto:gacsec@xxxxxxxxxxxxx] *Sent:* 28
> > November 2012 21:38 *To:* jonathan.robinson@xxxxxxxxxxx
> > <mailto:jonathan.robinson@xxxxxxxxxxx> *Cc:* Steve Crocker; Fadi
> > Chehade; Heather Dryden; Maria Häll; alice@xxxxxxx
> > <mailto:alice@xxxxxxx>; Choon Sai LIM (IDA) *Subject:* Letter from
> > the GAC regarding IOC/RC Protections
> >
> >
> >
> > Sent on behalf of Heather Dryden, GAC Chair
> >
> >
> >
> > Dear Jonathan,
> >
> >
> >
> > Attached please find a letter from the GAC regarding IOC and Red
> > Cross/Red Crescent protections.
> >
> >
> >
> > Best regards,
> >
> >
> >
> > Jeannie Ellers
> >
> >
> >
> > Jeannie Ellers Manager, GAC Coordination Internet Corporation for
> > Assigned Names and Numbers 1101 New York Avenue NW, Suite 930
> >
> > Washington, DC 20005 Ph. +1 202 570 7135 M. +1 310 302 7552
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Volker A. Greimann
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