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RE: [council] Draft ATRT2 Comments
Thanks James. Would it be okay to modify as follows?
"In practical terms, we understand that the average time to complete a PDP can
be a barrier to participation and can undermine the ICANN model. The
multi-year effort to participate in a PDP is a commitment that individuals
often can't afford and commercial organizations cannot justify. And the
anticipated elapsed time makes the PDP an unattractive mechanism for addressing
urgent or controversial matters, and provides incentives for parties to
escalate these immediately to other structures, such as the Board or GAC. So we
are supportive of efforts to make PDPs more time effective."
"At the same time, as with our comments on item 10.4 below, we are concerned
that speed not be the main metric used to determine the performance of the
GNSO. . . "
Chuck
From: James M. Bladel [mailto:jbladel@xxxxxxxxxxx]
Sent: Tuesday, December 10, 2013 2:29 PM
To: Gomes, Chuck; Maria Farrell; Mike O'Connor
Cc: council@xxxxxxxxxxxxxx
Subject: Re: [council] Draft ATRT2 Comments
Hi Chuck:
Well, I started to mark up the text, but quickly realized that the entire
paragraph focused solely on the dangers of focusing exclusively on elapsed PDP
time.
Perhaps a clean way to salvage this section would be to include an introductory
sentence or two that captures my concerns below. How about we prepend
something like this to the section:
"In practical terms, the average time to complete a PDP represents a barrier to
participation and undermines the ICANN model. The multi-year effort to
participate in a PDP is a commitment that individuals often can't afford and
commercial organizations cannot justify. And the anticipate elapsed time makes
the PDP an unattractive mechanism for addressing urgent or controversial
matters, and provides incentives for parties to escalate these immediately to
other structures, such as the Board or GAC."
Thoughts?
J.
From: <Gomes>, Chuck <cgomes@xxxxxxxxxxxx<mailto:cgomes@xxxxxxxxxxxx>>
Date: Tuesday, December 10, 2013 at 13:07
To: James Bladel <jbladel@xxxxxxxxxxx<mailto:jbladel@xxxxxxxxxxx>>, Maria
Farrell <maria.farrell@xxxxxxxxx<mailto:maria.farrell@xxxxxxxxx>>, Mike
O'Connor <mike@xxxxxxxxxx<mailto:mike@xxxxxxxxxx>>
Cc: "council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>"
<council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>>
Subject: RE: [council] Draft ATRT2 Comments
James,
It sounds like you are in agreement with the sentiments you flagged but would
add some to them. In my reading of the comments I understand them to be saying
that PDP measurement shouldn't focus so much on time that quality is sacrificed
and you seem to say the same thing, i.e., "the future of the BU/MSM is entirely
dependent upon a PDP that is timely -and- results in quality outcomes". If I
am correct, how would you change the current wording?
Chuck
From: owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx>
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of James M. Bladel
Sent: Tuesday, December 10, 2013 1:58 PM
To: Maria Farrell; Mike O'Connor
Cc: council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>
Subject: Re: [council] Draft ATRT2 Comments
I support this version of the draft, except for the sentiments contained in the
section regarding making the PDP more time effective.
While I don't dispute that elapsed time for a PDP is only one (among several)
measure of the overall quality of the process, I strongly believe that in the
"real world," the slow pace of the PDP is a threat to the PDP, the GNSO and
even the ICANN model itself.
This isn't just alarmist thinking on my part - the multi-year average TTL for a
PDP represents a significant barrier to wider participation from volunteers
(who can't afford the commitment) and commercial organizations (who cannot
justify it). It also provides a clear incentive for governments and other
interests to seek faster paths to advance their agendas through ICANN, ensuring
that urgent or controversial topics will immediately escalate to a Board/GAC
interaction.
In my opinion, the future of the BU/MSM is entirely dependent upon a PDP that
is timely -and- results in quality outcomes.
Thanks-
J.
From: Maria Farrell <maria.farrell@xxxxxxxxx<mailto:maria.farrell@xxxxxxxxx>>
Date: Tuesday, December 10, 2013 at 10:41
To: Mike O'Connor <mike@xxxxxxxxxx<mailto:mike@xxxxxxxxxx>>
Cc: "council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>"
<council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>>
Subject: Re: [council] Draft ATRT2 Comments
Hi Mikey,
These changes look great to me, thanks a million.
Does anyone else plan to chip in?
We have an agenda item on this on Thursday's meeting, and a submission deadline
on Friday.
All the best, Maria
On 10 December 2013 16:31, Mike O'Connor
<mike@xxxxxxxxxx<mailto:mike@xxxxxxxxxx>> wrote:
hi Maria,
here's a redline markup for you all to take a look at. i love your draft and
don't disagree with anything in it. i'm trying to amplify and refine. feel
free to back out anything that puts you on edge.
mikey
On Dec 9, 2013, at 2:23 PM, Maria Farrell
<maria.farrell@xxxxxxxxx<mailto:maria.farrell@xxxxxxxxx>> wrote:
Dear all,
Here are some draft comments on the ATRT2 recommendations re. the GNSO.
Mikey and David - I know you two kindly volunteered to help out with this. Can
you particularly take a look?
Also, there's a need for a para or bullet point list summarising relevant work
the GNSO is already doing, e.g. the SCI? or Staff paper on improving the PDP?
I'm drawing a blank on the other initiatives. Can someone please rustle up a
list of them?
This needs to be submitted by the 12th, so comments please ASAP.
All the best, Maria
Dear members of the Acountability and Transparency Review Team (2),
The GNSO Council thanks you for the outcome-oriented analysis and
recommendations in the ATRT2 Draft Recommendations of 21 November, 2013. We
particularly appreciate the time and care that went into these recommendations,
the commissioning of useful research and, especially, the efforts made by the
ATRT2 and its leadership to promote awareness and dialogue about the
recommendations at the Buenos Aires meeting.
The Council's input focuses on recommendations regarding the GNSO PDP. Broadly,
we strongly support the call for broader and more active working group
participation and earlier involvement of the GAC, and will work hard to
implement final recommendations on these issues.
New recommendations arising from issues not addressed by ATRT1 Recommendations
10.1 on developing funded options for professional facilitators to help GNSO
PDP Working Groups
While some Councilors supported this suggestion, others were concerned that
facilitators may not always be appropriate in the multi-stakeholder model.
Broadly, we believe this is an option that could be considered in the context
of the ATRT2's recommendation to develop explicit guidelines for when to use
facilitators. Agreement should be elicited by Working Group participants to use
facilitators on a case by case basis, and with a clear understanding of
facilitators' roles.
10.1 on face to face meetings during GNSO PDPs
We support this recommendation and the development of guidelines for when F2F
meetings may be required and justified. However, we do note that there is a
variety of ability amongst Working Group participants to travel to F2F
meetings. Many volunteers cannot leave work or family to do so, for example. We
suggest that if intercessional F2F meetings are used more often that ICANN
consider adopting the IETF approach that agreements reached during F2F meetings
are then subject to consideration by mailing list members.
10.1 on GNSO and the wider ICANN community developing ways to make the GNSO PDP
process more time-effective
As with our comments on item 10.4 below, we are concerned that speed not be the
main metric used to determine the performance of the GNSO. There is not one but
three fundamental ways to judge PDP performance: time, participativeness and
agreement. Time measures only how long it took to get to a policy; the second
two are effectively proxy measures for its quality. Stressing too much the most
obvious performance variable could have the unintentional consequence of
sacrificing quality. Further, increasing the pressure of time can result in
forced compromises that quickly fall apart or result in participants
end-running to the Board, a phenomenon the report identifies. This undermines
the legitimacy of the whole process.
We suggest this recommendation be revised to stress more that 'time-effective'
encompasses efficient use of participants' time - including preparation for and
chairing of calls and follow-up activities, etc. - rather than focusing on a
single, quantifiable metric that can draw attention away from other qualities.
10.2 on the GAC, with the GNSO, developing ways to input to PDP Working Groups
We strongly support this recommendation and are eager to work with the GAC on
ways to implement it.
10.3 on the Board and GNSO chartering a strategic initiative to broaden
participation in GNSO PDPs
We broadly support this recommendation and welcomed the detailed quantitative
analysis provided in support of the need to broaden participation. We do also
note staff's observation that in some cases input to public comments may appear
to be from, for example, the US but has been submitted by a US-based individual
on behalf of a peak organization that consulted more widely.
Nonetheless, there is clearly a need to both broaden and deepen participation.
Some of our councilors suggest that as well as outreach to increase
participation from outside of ICANN, we should also do 'in reach' to deepen
participation by individuals already involved in ICANN but who have never
participated in a Working Group. We ask that the ATRT2 may consider this
suggestion.
10.4 on the Board stating a process for setting gTLD policies when the GNSO
'cannot come to closure on a specific issue within a specified time-frame'.
We share the concerns stated by others that the couching of this recommendation
may unwittingly undermine the multi-stakeholder model in ICANN. Policy-making
can take longer than is predictable or desirable, but nonetheless be effective
in its deliberativeness, output and degree of support. This recommendation
seems to perpetuate a belief that the GNSO - the engine of gTLD policy
development and the only part of ICANN driven by carefully balanced stakeholder
decision-making - is too slow and argumentative. That belief can drive some
ICANN participants to go around the GNSO and straight to the Board, undermining
the multi-stakeholder process and ICANN's raison d'etre. While Board deadlines
can sometimes help overcome intractable differences, it's not clear how to
ensure constructive negotiation within the PDP without later recourse to the
Board or GAC.
This recommendation seems to contradict the research report finding that there
is both a conflict but ultimately a 'sweet spot' to be found between
policy-making being sufficiently participatory and speedy. We suggest that this
recommendation be revised to help the GNSO find that sweet spot - which will
change from one issue to the next and is not a 'one size fits all' amount of
pre-specified time. For example, the recommendation could be re-drafted to
suggest the Board interact formally or informally with the GNSO to find out
more about PDPs that appear to be going too slowly; to find out if that is
indeed the case, and to constructively offer advice or encouragement to assist.
Recommendation 10.4 also says the Board should note under what conditions it
believes it may alter PDP recommendations after formal Board acceptance. We
support this part of the recommendation.
Recommendation 10.4 also says there should be an additional step in the PDP
Comment Process that allows those whose comments have been synthesized
improperly to request changes. We support this recommendation, while noting it
will add some time to the process. Perhaps it could be implemented on an
'if/then' basis, i.e. inserting an opportunity for commenters to raise their
initial concerns to trigger taking the additional step of requesting changes to
the summary. However, we also suggest replacing the term 'improperly' with
'incorrectly' or 'wrongly', as the word 'improper' has connotations of
wrongdoing rather than inaccuracy, which don't seem relevant here.
Summary of work the GNSO is already doing
...
4. Summarise if appropriate
Full text of the report is here:
http://www.icann.org/en/about/aoc-review/atrt/draft-recommendations-15oct13-en.pdf
<ATRT2 draft GNSO Council response.docx>
PHONE: 651-647-6109<tel:651-647-6109>, FAX: 866-280-2356<tel:866-280-2356>,
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