[icann-eu] CYBER-FEDERALIST No.8: ICANN'S At Large Study

[Hans Klein <hans.klein@pubpolicy.gatech.edu>]

                        Please forward
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  CYBER-FEDERALIST      No. 8        December 28, 2000 

                   ICANN'S AT LARGE STUDY

             Civil Society Democracy Project (CivSoc)
   Computer Professionals for Social Responsibility (CPSR)
                  http://www.CivSoc.org

               The Internet Democracy Project 
         http://www.internetdemocracyproject.org/
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ICANN's At Large Study

Yesterday marked the deadline for submitting public comments on ICANN's
newest project: the At Large Study. The study will consider whether ICANN
should have At Large directors at all, how many they should be, and what is
the appropriate structure of the At Large membership. The URL to the Call
for Public Input is:
    http://www.icann.org/at-large/study-comments.htm.

This project is also called the "clean sheet" study, because it explicitly
breaks with previous commitments to Internet user participation in ICANN.
ICANN's last Board of Directors articulated the break in one of their bylaw
revisions, modifing the bylaws to state: "previous decisions and
conclusions regarding an 'At Large' membership will be informative but not
determinative."  Thus, despite the fact that Internet user participation is
a fundamental aspect of ICANN's institutional design, the At Large study
abandons that commitment.

Just a few months ago this proposal would have struck fear into anyone
supporting Internet democracy. ICANN's At Large structure embodies its
democratic elements.  But today there can be less worry.  Times have changed.

In the four months since the At Large study was announced, democracy has
been implemented in ICANN.  First, in October the At Large elections
brought a tidal wave of reform, with reformers winning most At Large
director seats, notably in the European and North American regions.  Then
in November at ICANN's Annual meeting in Marina del Rey, the At Large
membership self-organized, launching an Interim Coordinating Committee to
ensure the continued vitality of the membership.  With directors on the
Board and coherent organization at the global grassroots, the At Large
membership is alive and well.

As a result, the most radical changes considered in the At Large Study seem
infeasible. It will be difficult for a clean sheet study to propose
eliminating the At Large directors.  Likewise, as the membership continues
the self-organization process, it will be difficult for the study to
eliminate the emerging user organization.

Still the study presents opportunities for mischief. ICANN's staff might be
tempted to try to weaken or re-write the rules for Internet user
participation in ICANN.   Attempts could be made to reduce the number of At
Large directors from nine to five, to eliminate elections as the means of
selecting directors, and to marginalize the At Large membership.  The study
may also provide an excuse for further delay in the implementation of At
Large mechanisms.  To prevent or minimize such actions, Internet users will
have to participate actively in the study process.

On a more optimistic note, the study could actually contribute to the At
Large membership's self-organization.  All Internet users would benefit
from a constructive attempt to develop better mechanisms and roles. The
Interim Coordinating Committee can solicit analyses on relevant topics, and
these can be submitted to the At Large study.  The study could provide a
useful avenue for delivering the results of member self-organization to the
Board.

A number of excellent comments have been posted in response to ICANN's Call
for Public Input (CFPI).  Most notable are those from:
     Thomas Roessler and Alexander Svensson (with many signatories)
     Barbara Simons (with many signatories)
	Myungkoo Kang
	Center for Democracy and Technology and Oxford University
     Nobuo Sakiyama
(All comments are posted at: http://forum.icann.org/atlargestudy/  My
apologies to commenters not mentioned, many of whom provided excellent input.)

Even as the study process moves forward, it may be useful to identify some
additional "big picture" topics for consideration.  Many of these are
suggested by the Call for Public Input (CFPI) itself:

* At Large election analysis: The CFPI repeatedly refers to the At Large
membership in terms of a "problem."  However, the recent elections were a
major success.  Turnout was high, issues were debated, and highly-qualified
candidates were elected.  Significantly, the technical expertise of the At
Large directors is higher than the Board average.  This success should be
documented.

* The problem of capture: In one At Large region there may taken place a
top-down mobilization by the business constituency.  The elections should
be studied to see if there was an attempt at capture.  An initial study of
the Japanese elections is available at:
http://www.CivilSocietyInternetForum.org/election-report.html

* Consensus procedures in ICANN: the CFPI refers to ICANN as a consensus
development organization.  Yet concerns have been expressed by at least one
At Large director that the ICANN staff selectively invokes "consensus" for
its own convenience.  For instance, the CFPI includes a questionable claim
that there is "consensus" that the At Large membership is a "problem."
Consensus should be given clearer procedural definition, and demonstration
of a lack of consensus should also be defined.

* Constraints on ICANN: the CFPI notes that "ICANN's mission is narrowly
(and properly) circumscribed."  This is not obviously true.  ICANN's
repeated changes to its by-laws demonstrate how ineffective those bylaws
are at limiting the organization.  The very idea of a clean sheet study
illustrates how commitments can be cavalierly abandoned.  Formal and
effective constraints on ICANN's mission need to be identified.

In summary, the At Large study needs to be carefully watched in order that
it not serve a means to weaken democracy in ICANN.  On the other hand, the
study can serve as a useful vehicle by which the self-organization of the
membership receives consideration by the Board of Directors.  Hopefully the
study can also help clarify issues of consensus and constraint.

Hans Klein


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CYBER-FEDERALIST is a regularly published series of analyses and
commentaries on Internet governance and ICANN.  It is produced as part of
the Internet Democracy Project. See: 
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    http://www.internetdemocracyproject.org/
    http://www.cyber-federalist.org  (archive)

The Cyber-Federalist is written by Prof. Hans Klein of the Georgia
Institute of Technology School of Public Policy.  See:
http://www.prism.gatech.edu/~hk28/

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