Coming into the whole question of "why have ALS and RALOs to begin with", and the uncertainty of what could be put in an MOU that would be agreed to, and then meaningful, let along enforceable is a major challenge, and sets things on a strange footing.

The large points are whether the public interest holds much weight in ICANN decisions and in terms of regulation of their own processes (and enforcement of policy) - and whether individuals and other small entities who make use of and increasingly depend upon the Internet.

It would be good to map out the gaps in accountability that are currently present... (quite an undertaking, I am sure)  and while it may sound a naive proposal, I think such a framing makes things very clear to a wider audience. 

Who can we depend upon to generate such a map?  What point of entry can we make for the newcomer to these questions?   How can we use information/communications technologies to facilitate that and to increase the strength of an at-large community?

What expertise do we have in regard to these questions, and what advice has been sought?

That's where our focus should be directed:  building our capacity to really represent the at large community - to inform them and to show that we have the weight of the world behind us.  (Not on top of us)

I see the various tools established for At Large and RALO use.   Who controls them?  Will it remain that way?  Do they serve our interest?  What would better serve to be a place to aggregate the issues and voices of the public at large?


-MM




On 4/15/07, RJGlass | America@Large <jipshida@gmail.com> wrote:
There should be some accountability in the process. 

Randy Glass
A@L


On 4/14/07, At-Large Staff <staff@alac.icann.org > wrote:
Dear North American ALS colleagues:

Please find below the clarification promised on the status of MoUs
with ICANN, and the view of the GC on the proposal by Wendy Seltzer on
enforceability of the MoUs.



---------- Forwarded message ----------
From: Daniel Halloran < daniel.halloran@icann.org>
Date: 12-Apr-2007 23:28
Subject: Legal Status of ICANN RALO MOUs
To: Nick Ashton-Hart < nick.ashton-hart@icann.org>
Cc: Sue Jonklaas < sue.jonklaas@icann.org>


Nick,

You asked about the legal status of the MOUs that ICANN enters with
its regional at-large organizations.  Pursuant to ICANN Bylaws
Article XI, Section 2.4g <http://www.icann.org/general/
bylaws.htm#XI-2.4g>, ICANN's RALO MOUs are intended to address the
"the respective roles and responsibilities of ICANN and the RALO
regarding the process for selecting ALAC members and requirements of
openness, participatory opportunities, transparency, accountability,
and diversity in the RALO's structure and procedures, as well as
criteria and standards for the RALO's constituent At-Large Structures."

The RALO MOUs were not intended to be "enforced" in courts of law --
they do not include jurisdiction or dispute resolution language.
They are intended only to document the structure and processes of
these advice formulation and coordination organizations.  It would
probably not be prudent for either ICANN or the RALOs to structure
these relationships in a way that would expose ICANN or the RALOs to
potential liability and increased risk of litigation from non-parties
to these agreements.

I hope this information is helpful.  Please let me know if I can be
of any further assistance.

Best regards,
Dan Halloran


--
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Regards,

Nick Ashton-Hart
PO Box 32160
London N4 2XY
United Kingdom
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Fax: +44 (20) 7681-3135
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Draft MoU with ICANN:
http://www.icannwiki.org/NA_RALO_MOU

Draft Operating Principles:
http://www.icannwiki.org/NA_RALO_OP



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Draft Operating Principles:
http://www.icannwiki.org/NA_RALO_OP




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