Looking back at ICANN 47

Why am I writing this? I’ve been told that I haven’t written anything amusing lately. There are much better summaries of ICANN 47 out on the Web, so what I’m presenting here, a week after ICANN 47 has ended, is…

…A not-so-serious commentary on a completely arbitrary selection of ICANN 47 events

The first new registry and registrar agreements were signed during the Opening Ceremony.
I was hoping the Opening Ceremony photo op would outdo the laying of hands on the giant HAL computer (remember 2001, the movie?) that happened at ICANN 46 in Beijing.

HAL at ICANN 46. Photo credit: ICANN

HAL makes a celebrity appearance at ICANN 46. Photo credit: ICANN

Or outdo the giant Canada goose that stalked ICANN CEO, Fadi Chehadé, in Toronto.

It looked less scary in InDesign... Giant Canada goose stalks Chehadé. Photo credit: ICANN

It looked less scary in InDesign… Giant Canada goose stalks Chehadé. Photo credit: ICANN

But I had to settle for this less visually interesting, but more historically significant, event.

There's a non-white man in there. No women though. Photo credit: ICANN

Many white men, reflecting geographic distribution of new gTLD applications. One man from Africa. No women. Photo credit: ICANN

New gTLD applicants were cranky with the GAC’s advice and the Board’s new gTLD committee said the GAC’s advice was not implementable.
The GAC’s Category 1 safeguards from Beijing didn’t go down well with applicants. The Board’s New gTLD Program Committee (NGPC) questioned how well thought out the advice was, suggesting that there was no way it could actually be implemented.

The NGPC said they weren’t rejecting the GAC’s advice outright, but hoped they could work with the GAC to find a way to achieve the GAC’s aims. The GAC explained that the advice was meant to be an early draft for comment by the wider ICANN community and not a final position. The NGPC seemed mollified by this. New gTLD applicants weren’t so happy, and spent a lot of time at the microphone during the Open Forum expressing their displeasure.

Amazon was particularly cranky with the GAC.
It was surprisingly dramatic when, one by one, many of the GAC members expressed their support for Brazil’s objection to Amazon Inc.’s .amazon application in their Tuesday morning GAC session. Amazon Inc. wasn’t in the room on Tuesday, but they were certainly at the microphone during the Public Forum on Thursday to express their strong objection to the GAC’s Durban advice on .amazon. Stay tuned for more on the .amazon issue in coming months.

The GAC stayed up well past midnight developing a Communiqué text that all GAC members could live with, if not actually be happy about.
Unsurprisingly, the cause of the long drafting session was debate about new gTLD strings. .wine and .vin were the main culprits. No doubt, many of the GAC members were desperate for a glass or two of .wine to drown their sorrows when the marathon drafting session finally ended.

Those who have followed ITU for any length of time may be interested to learn that it was Kavouss Arasteh, the Iranian representative to the GAC, who played mediator between opposing parties in the late night negotiations. Arasteh is the man who initiated the infamous vote during WCIT. After that vote, you may remember, things went seriously downhill.

Arasteh is very excited to vote at WCIT. Other participants? Not so much. Photo credit: ITU

Arasteh is very excited to vote at WCIT. Other participants? Not so much. Photo credit: ITU

Arasteh seems to be redeeming himself by acting as elder statesman at ICANN GAC meetings. Durban was only his second ever ICANN meeting too. Keep an eye on Arasteh, folks. It’ll be interesting to see how he progresses as he learns even more about ICANN-related activities.

The GNSO went around telling anyone who’d listen that the GNSO Policy Development Process (PDP) wasn’t as broken as everyone had been saying it was.
The general message was that, yes, the PDP can take two to three years before something comes out the other end, but that other processes, including those by IETF and ccNSO, can take even longer. Even Chehadé called for less criticism of the GNSO PDP and more celebration of its achievements.

ALAC and the GAC agreed that working together would be useful.
Unfortunately, they couldn’t think of any current projects that they could work together on, and momentarily discussed if they could create some new joint projects. Because people in the ICANN community don’t already have enough on their plates. We definitely all need more projects to fill in that time we currently squander on sleep.

The ccNSO celebrated turning 10 years old by showing a video mash-up of ccTLD community members dancing in ways that only geeks can.
Perhaps “half-hearted wiggling” would be more accurate than “dancing”, but anyhow… That little gem has now been uploaded to YouTube for all to enjoy. Skip through to 3:20 to go straight to the dancing.

The ccNSO celebration dinner also marked itself out as possibly the only time in ICANN’s history that an entire Supporting Organization tried to escape the ICANN CEO. As Chehadé arrived to schmooze the room, the last remnants of the ccNSO party goers were escaping via the lifts. Chehadé, not to be defeated, invited himself onto the homeward bound bus, helping out the bus driver by calling out the names of conference hotels on the route.

The Internet Governance update discussed WCIT. Again.
In Costa Rica, we discussed WCIT. In Prague, we discussed WCIT. As we got closer to WCIT, we discussed it a bit more in Toronto. Then WCIT was held in December. In April, in Beijing, we looked back at what happened at WCIT. And in Durban, because we all can’t get enough of that warm WCIT feeling, we discussed WCIT again.

Please. ICANN. No more WCIT. Really. Stop.

There’s enough happening in the crowded Internet governance calendar to fill the Internet Governance Update session. We don’t need to revisit the same event at each meeting.

ICANN fellows were really active.
Whatever ICANN is doing to support ICANN fellows and newcomers, keep doing it. It was fantastic to see so many new faces speaking so confidently at the microphone in a wide assortment of ICANN sessions. I didn’t feel completely comfortable at ICANN meetings for a long time, so it’s great to see ICANN is working so hard to make today’s newcomers feel valued from the moment they step foot into the conference venue.

Let’s show the CWG-Internet there’s public interest in their work

Only a few weeks ago, the ITU Council 2013 had a long debate over whether it was appropriate to open the Council Working Group on international Internet-related public policy issues (CWG-Internet) to non-government stakeholders. The conclusion of that debate was they would have to wait until ITU Plenipotentiary 2014 in Busan, 20 October – 7 November 2014, to discuss any potential changes to the Guadalajara version of Resolution 102, which started the CWG.

In the meantime, however, the first ever open online consultation conducted by the CWG-Internet is about to close on 1 August 2013.

Any stakeholder can submit responses to the three following topics that the CWG is seeking further information on:

  • Issue 1: Consultation on effectively countering and combatting spam.
    The Council Working Group on International Internet-Related Public Policy Issues invites all stakeholders to provide input on international public policy issues related to effectively countering and combatting spam.
  • Issue 2: Consultation on international public policy issues concerning IPv4 addresses.
    The Council Working Group on International Internet-Related Public Policy Issues invites all stakeholders to provide input on international public policy issues related to (a) unused legacy IPv4 addresses, and (b) inter-region transfers of IPv4 addresses.
  • Issue 3: Consultation on developmental aspects of the Internet.
    The Council Working Group on International Internet-Related Public Policy Issues invites all stakeholders to provide input on international public policy issues related to developmental aspects of the Internet.

Given the interest so many non-government stakeholders had in the World Conference on International Telecommunications (WCIT) and the Fifth World Telecommunication/ICT Policy Forum (WTPF-13), you’d probably expect the CWG-Internet consultation to be inundated with responses, yes? Well, actually, in reality, the answer is “no”.

Since the open consultation opened in February this year, it has received exactly four responses. And not a single one of those four responses are from any of the Internet-related organizations that have pushed so hard to be able to participate in ITU’s Internet-related activities. It’s a little perplexing.

Why the lack of response to CWG-Internet’s Online Consultation?

Having asked a number of people why their organizations aren’t responding to the online consultation, I’ve heard two main responses:

  1. The information about the online consultation topics is very vague.
    Probably the worst offender here is Issue 3, which asks for input on international public policy issues related to “developmental aspects of the Internet.” With a topic is so broad, people don’t have a clue how to begin framing a response to it.
  2. There are so many Internet governance related processes underway, that organizations are losing the capacity to respond to all of the processes.
    In the first half of this year, we’ve had UNESCO’s WSIS+10 review, ITU’s WTPF (plus its final Informal Experts Group meeting in February), the WSIS Forum, the formation of the CSTD Working Group on Enhanced Cooperation (WGEC), two IGF preparatory meetings, an ICANN meeting, Regional Internet Registry meetings, and much, much more. The ever-expanding Internet governance calendar is growing at such a rate that it’s not just developing country stakeholders that have trouble following it all. Even the best-resourced stakeholders are having difficulties fitting in all these consultations with their actual day-to-day work.

Why it’s important that stakeholders do respond

Despite the very understandable reasons stakeholders haven’t responded to the CWG-Internet consultation, it’s vital that we do have a decent response rate to the consultation.

If we don’t respond, then it gives the governments who have a “let’s keep the CWG-Internet closed” stance a fantastic argument for keeping the status quo. After all, if the community shows no interest in interacting with the CWG-Internet even when the CWG-Internet has asked for submissions, what could possibly be achieved by opening up the CWG’s meetings?

Instead, we need to help bolster the case for opening the CWG-Internet by showing that non-government stakeholders do have something very important to contribute to the governments’ work on international public policy issues related to the Internet. By providing submissions to the online consultation, we can support the ongoing efforts of governments who have been trying to open the CWG-Internet.

A template to help stakeholders respond to the online consultation

To make it easy for stakeholders to respond to the online consultation in the short time that remains, below is a proposed structure for responses to CWG-Internet:

  1. Thank the CWG-Internet for seeking input from the larger community.
    Your organization understands that the members of the CWG-Internet are discussing a very wide range of international public policy issues related to the Internet. As it’s unreasonable to expect that government representatives in the CWG-Internet are experts in all areas under discussion, your organization welcomes the CWG-Internet’s recognition that it needs the input of subject matter experts in specific Internet-related fields.
  2. Explain what your organization is and why it can help the CWG-Internet with its work.
    Don’t overdo the introduction to your organization, but do explain why you have expertise or interest in one or all of the three issues CWG-Internet is seeking input on. Do give links to, or append, any documents you have produced on the issues CWG-Internet is interested in.
  3. Note that, unfortunately, it’s not possible to give specific advice to the CWG-Internet given the overly broad parameters of the consultation, but welcome the opportunity to respond to more specific questions from the CWG-Internet.
    Including this will help pro-“open the CWG” governments argue for the need to make CWG-Internet’s documents available to non-government members, even if we can’t get the CWG-Internet meetings opened. By offering to answer any specific questions the CWG-Internet has on the issues they have sent to open consultation, we can hopefully get a more meaningful and informed dialogue happening between governments in the CWG-Internet and the wider ecosystem of Internet governance stakeholders.
  4. Provide links to forums that are already discussing the issues CWG-Internet is interested in, and encourage them to engage with those forums.
    In the interests of “enhanced cooperation”, take the time to direct governments to organizations and forums that are already discussing the issues that are the subject of the online consultation. If there’s a page associated with the forum that explains how to participate, include a link to that, too.
  5. Thank the CWG-Internet again, and tell them you look forward to engaging with them in future to assist in their deliberations.
    If you’re feeling really bold, you may want to encourage the CWG-Internet to consider more direct interaction with your organization and other non-government stakeholders in future, via more open CWG-Internet modalities.

CWG-Internet discussions at ITU Council 2013

ITU Council 2013

Photo credit: ITU pictures via Flickr

After the divisive discussions about the ITU’s role in Internet issues at WCIT in December 2012, the harmony that appeared to reign at WTPF-13 in May this year signaled hope for better relations between governments and other stakeholders in future Internet governance discussions. The ITU Council 2013, however, held 11-21 June 2013, showed that there are still many speed bumps in the road ahead.

The CWG-Internet decision at ITU Council 2013

The issue was discussed on four separate occasions during the two-week council meeting: 13 June, 14 June, 19 June, and 20 June. There were five formal proposals related to the Council Working Group on international Internet-related public policy issues (CWG-Internet) and the Chair of Council 2013 proposed two ways forward.

Ultimately, the decision on the CWG-Internet by the ITU Council 2013 was not to make a decision.

Instead, Member States informally accepted that the Secretary-General could, in his work to support ITU activities, energize the public consultations that the ITU Council 2012 agreed to adopt in Resolution 1344.

How the Secretariat-General will achieve this is not clear. However, it does seem very probable that the informal mechanism proposed by the Chair of Council 2013—that the Secretariat-General convene a meeting of an Informal Experts Group on the day prior to CWG-Internet meetings—will not be implemented. This is because Resolution 1344 requires a full month’s gap between when the public consultation period ends and when the CWG-Internet meets.

Please note that there was no resolution or decision related to this. Instead, there was simply informal acknowledgement that the Secretary-General will do something to encourage non-government stakeholder involvement in the existing open consultation process.

When is the next opportunity to open the CWG-Internet?

We now have to wait until the next ITU Plenipotentiary Conference (PP-14), 20 October-7 November 2014, for Member States to consider whether or not to open the Council Working Group on international Internet-related public policy issues (CWG-Internet) to non-government stakeholders.

What can non-government stakeholders do in the meantime?

  • Ask your government to allow you to be part of its delegation to CWG-Internet meetings. This is in keeping with the Secretary-General’s statement on a multiple occasions that multistakeholderism can occur in ITU through multistakeholder composition of Member State delegations.
  • Ask your government to share the CWG-Internet documents with you. If you’re particularly public-spirited, be one of the lovely souls who sends them to WCITleaks so others can read them, too.
  • Respond to the CWG-Internet online consultations. As of the time of writing this blog, only four responses have been received to the public consultation first announced in January. That’s less than one submission per month. Closing date for submissions is 1 August 2013. Respond, people!

More detail on what happened at ITU Council 2013

I have a habit of writing too much for a single blog post, so below are links to smaller sections, containing summaries and analysis on the CWG-Internet discussions that happened at ITU Council 2013:

Reflecting on what the Council decision means for the multistakeholder model

[This post is part of a series on the ITU Council 2013 discussions on CWG-Internet. To read from the beginning, go here.]

It’s all very well for pro-open CWG-Internet parties to use WTPF-13 as a shining example of multistakeholder participation, but in reality, the majority of multistakeholder participation happened in the preparatory Informal Experts Group (IEG) work and not at the WTPF-13 in May.

Photo credit: ITU pictures via Flickr

Photo credit: ITU pictures via Flickr

A number of States had, for various reasons, not participated in the three IEG meetings and, instead, expected WTPF-13 to follow the usual pattern of intergovernmental meetings: you turn up, you debate the proposed texts, you play around with square brackets, and make changes to the proposed texts until everyone is equally unhappy.

At WTPF-13, however, there was a strong push by governments who’d participated in the IEG process not to reopen debate on the carefully developed IEG consensus draft Opinions. Sure, remote participation was available for the IEG meetings, and many governments chose not to use it. The fact is, however, that in hindsight, WTPF-13 reinforced the main two opposing views held by governments in discussions about the Internet governance model:

  1. Multistakeholderism is effective in getting all views represented and included.
  2. Multistakeholderism benefits those with the money to participate while penalizing the developing world.

Those who participated in the IEG meetings tended to be the pro-multistakeholder crowd and were happy with the largely pro-multistakeholder text that came out of the IEG meetings.

Those who doubt the virtues of multistakeholderism tended to have skipped the IEG meetings, or, if they’d attended the IEG meetings, believed that IEG consensus texts could be reopened at WTPF-13. When those texts weren’t reopened in Geneva, they felt like their views had been excluded in a process that, ironically, was lauded for being “multistakeholder”.

Those holding the latter view were, quite understandably then, concerned that their last refuge of equality amongst governments, the CWG-Internet, might be opened. Given the rhetoric of multistakeholderism and its inclusion in the Tunis Agenda, however, it’s hard for States to openly reject multistakeholderism. Therefore, in the end, the formal proposals to open the CWG-Internet were defeated by the procedural issue of whether or not it was legal for the Council to change the contents of a Plenipotentiary resolution.

Of course, the Member States of the ITU will replay the CWG-Internet argument all over again in Busan during Plenipotentiary 2014. In Busan, however, there will be one major difference: the procedural arguments that defeated attempts to open the CWG-Internet, even on a limited trial basis, will no longer apply. The Plenipotentiary in 2014 will have the authority to update the resolutions made at Plenipotentiary 2010. The debate, therefore, is likely to focus on the value, or otherwise, of including non-government stakeholder participation in the CWG-Internet.

At this June’s ITU Council meeting, we caught a preview of the arguments that some Member States will probably use to keep the CWG-Internet closed during Plenipotentiary:

  • Multistakeholderism does not ensure equal representation of all views.
  • Multistakeholderism does not mean that individual stakeholder groups can’t hold their own (closed) meetings.
  • The Tunis Agenda states that each stakeholder group has a distinct role in Internet governance and “policy authority for Internet-related public policy issues is the sovereign right of States”.
  • There are lots of other forums that other stakeholder groups can participate in, both at the ITU and in the wider Internet governance landscape

The last argument is the weakest, so I won’t deal with it any further here. But the first three arguments merit further consideration. For now, though, I’ll only address the first argument. I’ll blog later on the second two arguments later.

Argument against opening CWG-Internet: “Multistakeholderism does not ensure equal representation of all views”

Photo credit: ITU pictures via Flickr

Photo credit: ITU pictures via Flickr

It’s true that multistakeholderism, as practised today, leads to an unbalanced representation of stakeholder views. I disagree, however, with the Member State representative who said at ITU Council 2013 that until the problems of multistakeholderism are fixed, it shouldn’t be invoked in the CWG-Internet. If we waited for perfection before doing anything, the Internet, and many other things we rely on, would still not exist. However, we shouldn’t passively accept the problems with multistakeholderism either. Instead, we should all be looking for ways to ensure there are no barriers, financial or otherwise, for participation by all stakeholders in multistakeholder settings.

Unbalanced multistakeholder participation isn’t a problem limited to ITU. We also see it in the so-called “I* organizations”: ICANN, ISOC, IAB, IETF, the RIRs and W3C. Yes, there has been much work by the I* organizations to enable participation through fellowships, remote participation, multilingualism and more. But is it enough? Could the I* organizations do more? Can the large companies who have benefitted from the Internet plough some of their profits to help less well-resourced stakeholders participate in Internet governance discussions? Could governments from developing countries work more closely with stakeholders in their own countries to ensure a wider range of views are included?

Finding ways for those with more resources to assist stakeholders with limited resources is about ensuring that the Internet ecosystem survives. If supporters of the multistakeholder model of Internet governance really want to ensure that the model thrives and grows—even to the point of opening up the CWG-Internet—then it’s vital to use a community-developed approach to making that model more effective.

It can be very easy to criticize an opponent’s point of view. We’ve seen many times over the years how pro-multistakeholder parties point out the deficits of a government-only model. (I’ve done this myself). And we’ve seen pro-government parties point out the deficits of the multistakeholder model.

The problem with this model is that in focusing on our opponent’s flaws, we forget to about our own flaws. Or, even worse, we work so hard to hide our flaws from our opponent, we are scared to even admit to ourselves that what we do is less than perfect. The risk in such an approach is that it can alienate our own supporters.

This is where organizations invoking multistakeholder practices must be careful today. We must acknowledge where multistakeholderism isn’t working so well and fix it. We must listen to those who criticize our practices and find ways either to explain the merits of those practices or to examine those practices to address their concerns.

Of course, not all criticisms will be legitimate. But we should never reject a criticism out of hand simply because we don’t like the overall philosophy of those who are making it. Multistakeholderism is about embracing a variety of views, even if they are different to our own.

Right now, a number of governments are concerned about embracing multistakeholderism because they see it as a messy process where the loudest and best-resourced voices continue to dominate. They have a point. If we want them to let us in the CWG-Internet room when they’re having discussions, then we also need to make sure they feel that they can participate on an equal footing with better resourced governments and other stakeholders in other venues too.

We should all work on improving multistakeholder practices to ensure that all stakeholder voices, particularly those who have found it difficult to participate, are included. If we can do this, then one of the major arguments against having multistakeholder processes for the CWG-Internet will disappear.

Finally, if we are truly committed to multistakeholderism, we should ensure that we demonstrate good multistakeholder etiquette when interacting with the ITU. And how better to do that than ensure the full diversity of stakeholders respond to the current CWG-Internet’s open consultation before it closes on 1 August 2013? With only four submissions received since the consultation opened in February, we’re currently doing a terrible job of demonstrating the existence of even the faintest multistakeholder interest in participating in the CWG-Internet’s activities.