The IGP filed comments today in ICANN’s second proceeding on GNSO Stakeholder Group Charters. In its comments IGP identified both substantive issues in the revised NCSG charter proposal drafted by ICANN policy staff, as well as procedural flaw in ICANN’s proceeding. In light of these concerns, IGP asked that ICANN immediately drop its attempt to impose its revised NCSG charter proposal, and instead reinstate the original Noncommercial Stakeholder Group (NCSG) charter proposal submitted by the NCUC for consideration by the Board.

July 23, 2009

To whom it may concern:

The Internet Governance Project is an alliance of academics that puts expertise in international affairs, political science, information technology, public policy, economics, and other fields into practical action in global governance and Internet policy. The IGP is also a member of the Noncommercial Users Constituency (NCUC).

We are writing to express 1) opposition to the revised Noncommercial Stakeholder Group (NCSG) charter proposal* prepared by the ICANN policy staff and Board’s Structural Improvements Committee (SIC), and 2) support for the original NCSG charter proposal**, which was developed in an inclusive and transparent manner by the NCUC, and supported by over 80 civil society organizations and individuals in a previous public comment period.

Our position is grounded in two arguments, one substantive, the other procedural.

Substantively, the central problem of the ICANN staff/SIC revised NCSG charter is the primacy it affords Constituencies in the structure of the NCSG. Organizing the NCSG and allocating Councillor seats by Constituency is inimical to consensus based policy making and is to the detriment of noncommercial interest representation within the GNSO’s policy development process. It will result in constant political lobbying by Constituencies, rather than focusing on policy development work. The original NCSG charter proposed by NCUC recognized this, and sought to avoid it entirely by creating a simplified NCSG structure where Constituencies can freely form as desired thereby protecting minority viewpoints, but its Councillors are selected directly by the entire Membership. Unsurprisingly, this simpler, more efficient structural form, first promoted by the NCUC, has been adopted by the Registry and Registrar stakeholder group charter proposals. However, only in the case of the revised Noncommercial Stakeholder Group charter proposal did the ICANN policy staff/SIC remove it in its entirety without explanation.

Procedurally, it is plainly apparent that ICANN policy staff and the SIC ignored previous public comment in developing its NCSG charter proposal. It is true that ICANN is not bound to recognize any public comments submitted in a proceeding, as is the case in traditional government regulatory institutions (e.g., under the APA in the United States). However, ICANN’s power to regulate, in part, stems from the public’s willingness to accept it as a legitimate governance institution. It is in ICANN’s own interest to honestly support bottom-up processes of decision making, similar to other Internet governance institutions like the Regional Internet Registries and the Internet Engineering Task Force. By blithely ignoring public comment, ICANN imperils its own legitimacy in the eyes of the public and its stakeholders.

In light of these concerns, we ask that ICANN immediately drop its attempt to impose its revised NCSG charter proposal, and instead reinstate the original Noncommercial Stakeholder Group (NCSG) charter proposal submitted by the NCUC for consideration by the Board.

Respectfully submitted,

Brenden Kuerbis
Syracuse University, School of Information Studies

Dr Jeanette Hofmann
London School of Economics and Political Science
Wissenschaftszentrum Berlin für Sozialforschung (WZB)

Dr Michel van Eeten
Delft University of Technology

Dr Lee McKnight
Syracuse University, School of Information Studies

Dr John Mathiason
Syracuse University, Maxwell School of Citizenship and Public Affairs

Dr Milton Mueller
Syracuse University, School of Information Studies
Delft University of Technology

Dr Hans Klein
Hertie School of Governance (Berlin)
Georgia Institute of Technology, School of Public Policy

Dr Derrick Cogburn
American University, School of International Service
Syracuse University, School of Information Studies

* http://gnso.icann.org/en/improvements/ncsg-proposed-petition-charter-22jun09.pdf
** http://gnso.icann.org/en/improvements/ncsg-petition-charter.pdf