FINAL VERSION TO BE SUBMITTED IF RATIFIED
The final version to be submitted, if the draft is ratified, will be placed here by upon completion of the vote.
FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC
The final draft version to be voted upon by the ALAC will be placed here before the vote is to begin.
FIRST DRAFT SUBMITTED
(Draft) ALAC statement on the Proposed Bylaws Changes Regarding Consideration of GAC Advice
The At-Large Advisory Committee (ALAC) welcomes the opportunity to comment on the proposed Bylaws changes regarding consideration of Governmental Advisory Committee (GAC) advice, and hereby submits the following as a formal statement to the Board:
- The ALAC salutes the Board’s continued effort on the implementation of the ATRT1 and ATRT2 recommendations, specifically recommendation 11 of the ATRT1 and 6.5 of the ATRT2, which read as follows:
ATRT1 Recommendation 11
The Board and the GAC should work together to have the GAC advice provided and considered on a more timely basis. The Board, acting through the GAC-Board joint working group, should establish by March 2011 a formal, documented process by which the Board responds to GAC advice. This process should set forth how and when the Board will inform the GAC, on a timely basis, whether it agrees or disagrees with the advice and will specify what details the Board will provide to the GAC in circumstances where it disagrees with the advice. This process should also set forth the procedures by which the GAC and the Board will then “try in good faith and in a timely efficient manner to find a mutually acceptable solution.” This process must take into account the fact that the GAC meets face-to-face only three times a year and should consider establishing other mechanisms by which the Board and the GAC can satisfy the Bylaw provisions relating to GAC advice.
ATRT2 Recommendation 6.5
The Board should propose and vote on appropriate bylaw changes to formally implement the documented process for Board-GAC bylaws consultation as developed by the BGRI working group as soon as practicable (see ATRT1 Recommendation 11).
- Notwithstanding the aforementioned positive sign of the Board’s commitment to the ICANN community, the ALAC is concerned that the proposed bylaws changes regarding consideration of GAC advice by the Board may pose a threat to equal footing between the different groups that conform the ICANN community and derive in an unbalanced weight to the GAC’s advice compared to that of the other ACs or the policies proposed by each of the SOs.
- Moreover, the ALAC finds a trend in the Internet Governance ecosystem that tends to push towards giving increased power to governments. This would not only go against the multi-stakeholder model but wouldn’t comply with what the NTIA has stated as principles for the transition of the stewardship of the IANA functions. The proposed bylaws changes regarding consideration of GAC advice would add to this trend that we consider undesirable.
- Considering that the BGRI has already designed a “Process for consultations between the ICANN Board of Directors (“Board”) and the Governmental Advisory Committee (“GAC”), including those required pursuant to Article XI, Section 2.1.j, of the ICANN Bylaws” and said process establishes a transparent, efficient and expedite method to either clarify the GAC advice to the Board; oblige the Board to provide reasonable detail on why it would take action not consistent with GAC advice; reverse the intended Board action or take mitigating action, the ALAC calls the Board to withdraw the proposed bylaws changes regarding consideration of GAC advice and continue to foster equal footing among all participants of the ICANN community.
The ALAC is confident that the Board will continue to implement the recommendations of the ATRT1 and ATRT2 in a way that safeguards the principles of the multi-stakeholder model, more specifically that of equal footing among participants.
