| At Large Membership and Civil Society Participation in ICANN |
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A Public Private Partnership
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The use of the phrase "public-private partnership" is, as Bret says, hardly new. Almost two years ago, when Dr. Lynn issued his paper that kicked off the ICANN reform process, here's what ICANN's announcement said:
"What has become clear to me and others is that a purely private organization will not work," said Lynn. "The Internet has become too important to national economic and social progress. Governments, as the representatives of their populations, must participate more directly in ICANN's debates and policymaking functions. We must find the right form of global public-private partnership - one that combines the agility and strength of a private organization with the authority of governments to represent the public interest." Announcement of "ICANN President Recommends a Roadmap for Reform", 24 February 2002 <http://www.icann.org/announcements/announcement-2 4feb02.htm> [icann.org].
Although the form of PPP Dr. Lynn originally proposed was not adopted in the reform process, another variant of public-private partnership was agreed and implemented in the 2002 ICANN bylaws.
*George
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The previous note was from me. I hadn't realized that my ICANNwatch login cookie had wandered out to play.
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I don't agree that it is necessary that in a true partnership "ultimate power" must be shared. Although the Board has the ultimate authority to approve things ICANN does, the Governmental Advisory Committee (GAC) has a vital, cooperative role in making decisions on policies. (The Supporting Organization Councils also have a vital role on policy matters in their specific areas.)
According to Article XI, Section 2.1(j) and (k) of the bylaws, the GAC participates closely in the aspects of ICANN decisions that involve public policies:
j. The advice of the Governmental Advisory Committee on public policy matters shall be duly taken into account, both in the formulation and adoption of policies. In the event that the ICANN Board determines to take an action that is not consistent with the Governmental Advisory Committee advice, it shall so inform the Committee and state the reasons why it decided not to follow that advice. The Governmental Advisory Committee and the ICANN Board will then try, in good faith and in a timely and efficient manner, to find a mutually acceptable solution.
k. If no such solution can be found, the ICANN Board will state in its final decision the reasons why the Governmental Advisory Committee advice was not followed, and such statement will be without prejudice to the rights or obligations of Governmental Advisory Committee members with regard to public policy issues falling within their responsibilities. That, it seems to me, it the sort of joint decisionmaking that qualifies as a "partnership".
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