Representation in Cyberspace Workshop: Details 

Notes of the Real-Time Scribe

Meeting held in Cambridge, Massachusetts
Saturday, January 23, 9:00 am - 5:00 pm

Introduction | Lessons from Membership Organizations | Reports from Breakout Sessions | Reflections on Membership

Reports from Breakout Sessions

Who is a member?

(Tamar Frankel)

Main concern is that at large directors ought to represent users.

Question is how to best achieve that.

Some thought best way=one user one vote, individuals only.

Some arguments that users not always willing to invest time to be so active-perhaps associations (membership associations, corporations, business associations, etc.) would be more active, would lend stability.

Proposal of organizational and individual membership with voting rights.

One big pool for membership or organizations one possibility.

Separate voting pools voting for separate directors one possibility.

Concern with double voting by individuals who vote and who are represented by organizations.

Not full consensus, but serious consideration.

What about those individuals and organizations who do not want to be active, voting members, but who want a special "voice" in ICANN?

Proposal of type of non-voting membership for non-activists.

What if we mess it up? How to retain flexibility?

  • Need clear method to revisit and revise
  • Need notice ahead of time about what the method will be.
  • Required re-affirmation?

    Reactions from committee:

    Clarify "special voice" proposal

  • Apart from power to vote for directors, some might want power to raise special concerns (beyond regular channels). Like standing.

    How would "special voice" scale-if hundreds wrote each week, board won't pay attention? How do people find out if they get heard?

  • Maybe part of internal reconsideration or external review process

    Where organizations can be members, what would be the weight of the organizations vote?

  • No consensus. Counting membership within each organization would be difficult. Possibly one organization/one vote within separate class would be more fair than organizations and individuals in one big pool. Possibility of non-voting organizational membership discussed.

  • Bicameral system discussed.

    What about fees?

    Also discussed-representation through organizations organized nationally. Concern raised that nations with few users would be dominated by a few (e.g. the ccTLD registry, the government).

    Different levels of participation (even if everyone voted) also discussed.

    Minority report: Idea that countries would be members was ruled out of bounds on the basis of the White Paper.

    Capture: Threats and Countermeasures

    (Wendy Seltzer)

    Outlined groups or types of interests that might capture ICANN.

  • National interests
  • Commercial interests
  • Current board and officers
  • SOs
  • Individuals

    Tried to lay out mechanisms for preventing capture:

  • Competition between groups might naturally prevent capture by any one-openness of board decisions key to function of this mechanism. (Can only exercise checks if you can tell what's going on.)
  • Classes of members within at-large might promote balance of powers.
  • Or, each individual might police the group interests with which they are associated.
  • Permit only individual members, as they are least likely to capture (counter that commercial or national interests could just effect capture through individuals-employees, citizens, etc.) Again, transparency and openness are key.
  • Use Internet for communication about what is going on within the board would help interests police each other and hold board accountable.

    Reactions from committee:

    Example-Russian press captured by commercial interests, so it's impossible to know what is really going on. Or . . . truth is known but no power to do anything about it.

    Perhaps individuals should have information and power to make changes (e.g. kick out the board).

    What about capture away from future members-if too much is frozen according to status quo?

    Structure can promote conservatism, by keeping some people out. Can try to build flexibility and vision into rules and structure. E.g. sunset provisions.

    If the board is captured, the organization (membership) is probably captured too-so openness is not sufficient. We should look at mechanisms used in other membership organizations to prevent (and fix) capture.

    (Will Zachmann)

    Assigned values re perceived treat of capture:

  • National Governments or interests 50/100
  • Corporations 34/100
  • SOs 7/100
  • Current Board and Officers 7/100
  • Individuals 2/100

    Would be helpful if at-large directors were well-known within the Internet community generally.

    Is capture by national governments realistic given requirements of geographic representation on the board? (Izumi argues that fear might be unrealistic.) Membership by billions of Chinese citizens is not necessarily a bad thing. Doesn't = capture.

    What about capture by Internet professionals?

    How should directors be nominated and elected?

    (Jean Camp)

    Recommendations:

  • Any member can self-nominate, with petition and information (identity, office sought, bio of not more than 250 words, statement of not more than 250 words, Internet access, time commitment, willingness to pay for/provide translation if necessary, citizenship as defined by country of claimed citizenship)

    Questions:

  • Will claims be auditted or petitions rejected if claims false? (No consensus)
  • Age as idenfier (e.g. are you age of legal consent in your country?, or give age?)
  • Should there be more specific requirements re time commitment, etc.?

    Standing committee to deal with membership, authentication, fraud, quorum, election mechanics, etc.

    When identifying self as candidate, candidate must provide conflict of interest and financial disclosure.

    May not be member of election committee.

    (Minor): Membership fraud is voter fraud. Mechanisms to prevent voter fraud should be investigated.

    Fee should be to cover cost of authentication and members (not poll tax).

    (Major recommendation): Current bylaws on geographic representation limit voter autonomy and are infeasible. (Automony problem is that SO vote will limit options of at large members). This should be revisited and revised.

    Reactions:

    Why is geographic limit infeasible?

    If SO selects a director who does not meet geographic distribution requirement, what happens? One bylaw provision says board elects SO nominee automatically, other says geographic representation required.

    Even if SOs within the rules, their votes can limit options of at-large members who vote later.

    What if SOs vote at the same time for directors who, together, mess up geographic diversity? Who yields?

    No objection to the objective itself, only to the mechanism.

    Any discussion of how voting should work (parties? Cumulative voting?)

    Considered options for slates; could be considered further by election committee.

    How would translation service requirement constrain candidates (how much would it cost, etc.)?

    Included requirement as a minimum to "taking part" in the activities of the board and serving constituents. Perhaps volunteers could provide it.

    (Note, previous version of bylaws included provision for translation; perhaps this should be addressed by the Board.)



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    Wendy Seltzer, Alex Macgillivray, Antoun Nabhan, and Ben Edelman
    Berkman Center for Internet & Society at Harvard Law School 
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