Hi, To reiterate, and go further, on my comment about not exorcising the word 'fairness' from the frames of reference. I believe that the importance of the concept and term fairness stems from the relative notion of fairness, i.e. something is not fair unless both sides see something as fair from their subjective viewpoint. Nothing can automatically be called fair from one side of an issue. The importance of this is that it keeps every actor aware that they must take the perspective of the other into account. I think that this is also something that falls on the ombus-process if the actors cannot agree on the fairness of something, i.e. it goes to an impartial venue that can take all pints of view into account. Additionally the notion of fairness is set in the core values of ICANN which is supposed to motivate our actions within the organization and the council. To indicate that this notion does not apply to the council or to a review of the council's work may give the appearance of setting ourselves outside the core values. this is probably an appearance we should try to avoid. I also think that item 4(a) under H
Interpretation and examination of the use of concepts used in the By Laws such as “open and transparent manner”, “fairness”, “consensus”, “bottom-up policy development” is required.
indicates that the concepts involved in determining fairness should be explicit and examined. I think this is important as it not only serves to make the word understandable, but then gives the ombus- office criteria it can use when having to determine whether a claim of unfairness is justified. Bascially I think that the requirement is such that in every situation the precise content of what makes something fair or not cannot be defined before hand. the requirement for fairness, forces the council to due diligence in terms of inspecting all sides of every issue. a.