[WSIS CS-Plenary] Re: [governance] MODIFIED draft text on political oversight

[Avri Doria]

Hi,

this one I can agree with.  in fact i think it is an important  
addition to the scheme and should be added to the CS IG position.  in  
addition i think this requirement (in great specificity) should be  
part of any host country agreement (treaty) that may be negotiated.


a.

On 28 sep 2005, at 15.40, Milton Mueller wrote:

> One aspect of my response to Avri/Jeanette political oversight  
> statement
> is significant but has not attracted any comment:
>
>
>>> 4. ICANN'S DECISIONS MUST BE REQUIRED TO COMPLY WITH PUBLIC POLICY
>>> CONSTRAINTS NEGOTIATED THROUGH INTERNATIONAL TREATIES; E.G., WTO
>>>
> TRADE
>
>>> RULES, HUMAN RIGHTS TREATIES, CYBERCRIME CONVENTIONS, ETC.
>>>
> GOVERNMENTS
>
>>> AND INTERNATIONAL ORGANIZATIONS WOULD HAVE A RIGHT TO INVOKE A
>>>
> DISPUTE
>
>>> PROCEDURE WHEN IT BELIEVED ICANN ACTIONS VIOLATED THE TERMS OF
>>> ESTABLISHED INTERNATIONAL PUBLIC POLICY.
>>>
>
> There is all this talk about how governments need to be involved in  
> the
> "public policy" decisions. Basically, this approach calls their bluff.
> It says, "ok, when governments have actually decided among themselves
> what the policy is, and can produce specific rules and procedures
> embodying that policy, then they can intervene - otherwise they  
> cannot.
>
>
> This is an idea that deserves widespread consideration. Unfortunately,
> what many governments seem to have in mind when they talk about their
> authority over "public policy" is a desire to intervene at will in  
> ICANN
> or other processes whenever they ex post facto deem something as being
> of policy interest - .xxx being a case in point. But governments do  
> not
> have, and should not have, a right to make up "public policy" on the
> fly, following no rules or procedures. This idea binds them to
> intervening in cases when there are known public policies established
> through legitimate processes. I note that it also fits in well with  
> the
> statement of Rikke Joergenson of the human rights caucus calling for
> Internet-related organizations to be compliant with established human
> rights norms.
>
> I may not have found the best way to implement this idea, but please
> help me move forward on it.
>
>
>
>