Avri,

 

I have been paying attention to the overall discussion, but I have paid particularly close attention to this issue. After multiple, lengthy discussions, I thought that we had agreed that it was up to the GAC to decide to be in or out.

 

I thought that THAT was the compromise, not that the GAC was in by default, but could choose to be out. If this had been made clear, I would have been very vocal in opposing it. The text on this issue in the final CCWG-Accountability report is ambiguous:

 

99. Implementation of the Empowered Community currently anticipates that all of ICANN’s SOs, the ALAC and GAC (if the GAC chooses to participate) would participate in the Empowered Community – that is, they will be listed in the Bylaws as the five Decisional Participants.

 

I read that as GAC participation was dependent on an affirmative GAC decision to participate. Most apparently disagree with this interpretation.

 

I know that most of the CCWG-Accountability is ready to move on, but I hope the implications – that the practical ability of the EC to actually exercise its powers will be much harder with a habitually indecisive GAC as a participant  – are widely understood.

 

Best,

 

Brett

 

 

Hi,

I thought doing it this way was one of the earlier compromises in this
extended end game.

avri


On 01-Mar-16 11:37, Schaefer, Brett wrote:
>
> Kavouss,
>
>
>
> I am mildly surprised that you, as someone who has been very
> protective of the right of the GAC to make its own decisions, is not
> upset with the determination by the CCWG to make GAC a decisional
> participant by default before it has actually made this decision for
> itself.
>
>
>
> Best,
>
>
>
> Brett
>
>
>
> *From:*accountability-cross-community-bounces@icann.org
> [mailto:accountability-cross-community-bounces@icann.org] *On Behalf
> Of *Kavouss Arasteh
> *Sent:* Tuesday, March 01, 2016 11:28 AM
> *To:* Mathieu Weill; Thomas Rickert; León Felipe Sánchez Ambía
> *Cc:* accountability-cross-community@icann.org
> *Subject:* Re: [CCWG-ACCT] Request for Clarification on Threshold Issue
>
>
>
> Dear All,
>
> Yo are too worried about something that we still do not know how it
> happens
>
> The text approriate and clearly mention that if the No of Decision
> Making SO and AC changed the threshold should be adjusted
>
> That is more than sufficient.
>
> People need to refrain concentrating/ focussing on a particular AC nor
> envisage all possible senarios.
>
> We are not wtritting Bylaws at this stage .
>
> There is ample time and competent individuals to look at the matter
> once happened.
>
> Let us discontinue this counterproductive discussion
>
> Regards
>
> Kavouss
>
>
>
> 2016-03-01 16:32 GMT+01:00 Mueller, Milton L <milton@gatech.edu
> <mailto:milton@gatech.edu>>:
>
>
>
>
>
> *From:*Jordan Carter [mailto:jordan@internetnz.net.nz
> <mailto:jordan@internetnz.net.nz>]
>
> Sorry, wrong. The assumption has been made and it is the same as the
> assumption that was made in the Third, Second and First Draft Reports.
> GAC is going to be listed in the fundamental bylaws as a decisional
> participant in the Empowered Community.
>
>
>
> Huh? See below
>
>
>
> The only way that could change would be if GAC advised it did not wish
> to do so. Same with any other group.
>
>
>
> Which they haven’t done yet. Ergo, my statement below was correct.
>
>
>
>
>
> On 1 March 2016 at 13:16, Mueller, Milton L <milton@gatech.edu
> <mailto:milton@gatech.edu>> wrote:
>
> Whether one agrees with Brett or not, the fact remains that GAC
> has explicitly told us that it is _/undecided/_ on whether to be a
> decisional participant or not. Therefore, until we get a positive
> decision from them, we cannot assume that they will be by default.
> Greg S. was saying essentially the same thing:
>
>
> ------------------------------------------------------------------------
> BrettSchaefer
> Jay Kingham Senior Research Fellow in International Regulatory Affairs
> Margaret Thatcher Center for Freedom Davis Institute for National
> Security and Foreign Policy
> The Heritage Foundation
> 214 Massachusetts Avenue, NE
> Washington, DC 20002
> 202-608-6097
> heritage.org <http://heritage.org/>
>
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>
>
>
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