Beruflich Dokumente
Kultur Dokumente
12
M e d i a , P o l i t i c s , P o w e r D P I 6 5 9 N i c c o M e l e
Introduction
The
upcoming
conference
on
International
Telecommunications,
held
in
Dubai,
at
the
beginning
of
December,
constitutes
once
again
a
challenge
for
ICANNs
power
over
the
Internet.
Especially
the
articulation
of
such
a
private
body
with
the
power
of
the
International
Telecommunication
Union
(ITU)
will
be
questioned.
If
the
neutrality
of
the
Internet
seems
preserved,
many
fear
the
United
States
might
be
isolated
not
signing
the
agreement
giving
power
back
to
the
ITU.
Google
raised
other
concerns
by
asking
users
at
the
end
of
November
2012
to
"pledge
your
support
for
the
free
and
open
Internet".
"I
see
this
as
a
constitutional
moment
for
global
cyberspace,
where
we
can
stand
back
and
say,
`Who
should
be
in
charge?'
said
Ronald
Deibert.
University
of
Toronto,
"What
are
the
rules
of
the
road? (NBCNews 2012).
On
the
other
hand,
the
G20
has
been
formalized
since
it
first
met
at
the
Heads
of
States
level
in
2008.
Moreover,
the
G20
is
now
surrounded
by
a
nebulous
of
more
or
less
formalized
bodies
seeking
to
influence
the
decisions.
Both
bodies
therefore
can
be
considered
as
facing
a
multi-stakeholder
approach
to
the
issues.
Comparing
the
way
decisions
are
made
in
both
organizations
will
give
a
chance
to
bring
forward
best
practices
and
to
raise
solutions
in
order
to
make
these
two
consensus
based
organizations
to
improve.
Moreover,
the
G20
and
ICANN
despite
numerous
differences
stated
in
the
next
few
pages
have
major
common
points.
In
particular,
they
are
the
two
only
key
bodies
operating
purely
on
a
consensus
basis.
Never
shall
countries
vote
on
an
issue
at
the
G20;
never
would
stakeholders
vote
on
an
issue
at
ICANN.
If
the
legitimacy
of
the
G20
remains
debated
and
mainly
is
issued
by
the
personal
legitimacy
of
heads
of
States,
for
the
past
15
years
ICANN
has
forced
a
very
unique
concept
of
legitimacy.
Despite
uncertainties
on
the
mandate
granted
by
the
American
Commerce
Department
and
on
its
independence,
ICANN
now
is
an
operating
body
with
defined
rules
making
it
a
functional
organization.
However,
in
order
to
improve
the
process
of
decision
making
in
international
institutions
as
a
whole,
comparing
decision- making
guidelines
from
one
to
another
is
usually
very
insightful.
Therefore,
this
paper
will
show
how
the
G20
and
the
ICANN
can
learn
from
each
other
to
be
at
the
source
of
new
governance.
In
particular,
the
use
of
technology
as
a
facilitator
shall
be
considered
as
a
means
to
build
on
a
diverse
environment.
This
paper
does
not
aim
at
defining
the
future
of
the
ICANN,
which
has
already
been
commented
in
depth
by
many
experts,
analysts
and
scholars,
more
qualified
than
I
am
to
monitor
the
future
of
this
unique
UFO
in
the
world
of
international
institutions.
This
paper
aims
at
considering
the
decision-making
process
used
by
the
ICANN
and
the
G20
nebulous
in
order
to
be
able
to
define
a
common
set
of
practices
and
diverging
view.
We
aim
to
demonstrate
that
a
convergence
of
practices
could
benefit
both
parties.
To
do
so,
my
paper
will
start
by
analyzing
both
organizations
and
presenting
the
key
characteristics
they
have
before
contrasting
their
key
differences
in
mission
statement.
By
analyzing
accountability,
transparency
and
decision
making
procedures,
we
shall
then
shift
to
a
micro-level
comparative
analysis
before
pointing
out
a
few
key
best
practices.
From a governance point of view, the G20s decisions are taken by consensus, they have no mandatory value apart from the political accountability of the heads of states signing the Final Communiqu. These decisions come from the sole will of Heads of States with no supporting permanent secretary, with no bureaucracy to ensure continuity and with a presidency initiating all major reforms and pushing on specific topics.
The G20 does not stand on its own as a decision-making body. Since it was created in 2008, many informal bodies have been created and gravitate around the Heads of State conference. In particular, do the B20, the L20, the Y20 and the G20 Youth Summits hold a special role and do pretend to have an impact on the issue of the summit. The upcoming Russian presidency ahs set the stage to a new environment with the formalized: Buisness 20, Civil 20, Labor 20, Think 20 and Youth 20. Before assessing the links between these different parts of the G20 nebulous, lets present all of them briefly. The B20 or Business 20, created in 2010 by the Korean presidency of the G20 is meant to express common views from the international business community. More specifically, its main purpose consists in developing recommendations and issuing relevant commitments from the business leaders and business organizations to deal with nowadays issues (Buisness 20 2011). Perpetuated ever since, the structure is now composed of eight taskforces in order to structure the message business leaders cant to deliver to Heads of States. The L20 or Labor 20 was created by the French presidency of the G20 and regroups the trade union organizations of the G20 countries. Since 2011, they have been able to host a joint B20 L20 meeting issuing a final Communiqu uniting the positions of the Business and Labor representatives. In 2011, they seize[d] the opportunity of social issues being put on the agenda of the G20 to draw the attention of governments to some major issues on which they have developed a common vision (B20 & L20 2011). The Youth 20 requires involvement of Youth of the G20 countries. However, on this side, diverging initiatives have been initiated. In order to involve Young Entrepreneurs, the G20 Young Entrepreneurs Alliance organizes the G20 YES a gathering of young entrepreneurs and the organizations that represent them, to convene, network and discuss the policy and regulatory changes needed to foster entrepreneurship in the G20 countries (G20YES 2012). However, the French Presidency endorsed the G8 & G20 Youth Summits which since 2006 gathers students and young professionals from all G20 countries to address the most pressing international issues thanks to the leadership of the G8 & G20 Youth Network, an international network of student organizations committed to promote international dialogue and cultural openness (Youth Diplomacy 2011). The G20YS (G20 Youth Summit) is constituted by a generation of young and successful business leaders caring about the prosperity of their immediate business environment as well as the development of their communities and countries (G20YS 2012). To the already numerous initiatives, the Russian 2013 presidency has created the Civil G20 represented by grassroots groups, non-governmental organizations, academics
6 ICANN & the G20 nebulous: Multistakeholder decision processes and other actors significantly contributes to transparency, review and evaluation processes as well as to monitoring the outcomes and commitments of the G-20 (Civil G20 2012). The presidency also chose to create the Think G20 to gather think tanks around the evolution of the G20. These five major bodies represent a major part of the engagements taken by the G20 Graph 1. Vision of the harmony of these groups by the 2013 G20 Russian presidency
no power to enforce discussions. In fact, the G20 can be seen as an informal forum where heads of states get the opportunity to know each other. When it comes to para- G20 institutions, they are not granted any legitimacy whatsoever and do not implement any decisions. In fact, their Final Communiqus remain on purpose vague and do not talk about specific actions but remain at the level of principles. The only way the G20s decisions are applied relies in the political pressure it puts on members of the group. The G20 Research Group, University of Toronto, led by John Kirton, publishes extensive reports of application of decisions with quantitative measure of achievement to try and push the implementation forward. On the other side, ICANN is more or less ruled by the principle formulated by Lawrence Lessig: Code is Law. Since it is managing a scare resource, and because the mandate granted by the US department of Commerce does not give that precise a definition of the role and status of ICANN, all decisions are implemented. In fact, ICANN is accountable to 2.2 billion Internet users that the decisions they took were the right ones. ICANN has developed a management delivery with objectives and goals with a system and structure to make it happen said Fadi Chehade, president and CEO, of ICANN (Henderson 2012). Therefore, ICANNs decisions are implemented and controlled on a day-to-day basis.
8 ICANN & the G20 nebulous: Multistakeholder decision processes As mentioned previously, ICANN is ruled mostly in accordance with the set of principles defined in agreement with the Department of Commerce of the United States. ICANN has "authority without legitimacy." Still, it is authority all the same to use Koppells words (Stuff.co.nz 2012). This lack of legitimacy and the necessity to build an operating Internet requires therefore a powerful accountability system. In fact, as previous analyses have already mentioned, ICANN does not build on a single definition of accountability. In fact, the transparency Frameworks and principles refer to three types of accountability: public sphere accountability, corporate and legal accountability and participating community accountability. Given the fact that corporate and legal accountability do not exist for the G20 we shall not expand on this issue. Public sphere accountability relies in the idea that stakeholders should be certain ICANN has behaved responsibly. Specifically this issues, when it comes to ICANN derives from the board composition and the ability not to renew the mandate of a board member not giving satisfaction to the Internet community. The G20 has obviously no such type of mechanism since the members of the Club are chosen. However, in order to ensure representativeness, they have created a process to invite countries to be part in the discussions. To ensure accountability, having a defined process to select these countries and inviting on a permanent basis the President of the General Assembly of the UN (rather than the Secretary General) would be a first step. Graph 2. Conclusions of the Accountability and Transparency at ICANN, an independent review by the Berkman Center for the Internet and Society
to the G20, groups like the L20 of labor leaders, the B20 of business leaders and the T20 of think-tank leaders, have formed as concerned stakeholders and adjuncts of official diplomacy to advise governments. In particular, this years convening of business leaders, or the B20, has re-doubled efforts to offer action plans from business in areas which stand to advance the G20s agenda. Be it through partnerships, amalgamated programs or collective initiatives, the private sector has stepped up to address important issues like food security, green growth and employment - to name a few. With the receptivity of governments, such engagement will go a long way toward delivering timely, concrete and scalable actions by leaders (Birkes 2012). This analysis points out one of the key benefits there would be for the G20 to shift to a multi-stakeholder analysis. Mainly, in one world, this would be a way to use all available brains. The business part of the world wants to be a part of the discussions (DelBianco 2011). By creating their discussion forum they clearly showed their will to cooperate (The Guardian 2012).
Graph 3. Interaction between the B20 and the G20, a formal process (example of the Mexican presidency of the G20) In fact, the mission when creating ICANN that way was to ensure few ideas were coming out and that the stakeholders agreed on a few key points. The general idea is that, when going down the pipeline of discussions and formal exchanges only the core values, the fundamental principles remain (Crawford, Former board member of ICANN - Berkman Center Director 2012). Therefore, analyzing gravitating influences as interesting inputs and valuable ideas, as ways to use all available brains, would allow more interesting summits. Indeed, given the fact that the Final Communiqus do not get many formal engagements or achievements, why not use them to get a few key messages through?
10 ICANN & the G20 nebulous: Multistakeholder decision processes be in favor of certain of the different stakeholders. The transparency process allows to show why decisions were taken, which ideas were considered and how the differing views were reconciled. The report then considers four different policies in order to enhance transparency: information design, information and document request, exemptions and a transparency audit. Pascal Lamy, in a 2010 speech, has highlighted the role of the formal multilateral arrangements, he has also noted the role of the informal groups and in particular the G- 20. While the role of the G-20 lies in providing leadership to address key economic governance issues, decision-making is the prerogative of formal institutions. (Wall Street Journal 2010). From this analysis, I would like to draw two key points when it comes to transparency in the G20 environment and relate each points to two buckets of the report. First, none of the existing parties (G20, B20, L20) have formal transparency procedures and if this will be more widely developed in the next part of this report, I do believe explaining clearly how and when decisions are taken would be a first step. Having the discussion of an economics forum handled by diplomacies of all countries and treated as normal diplomacy, mainly hidden and behind the scenes seems outdated to me. I understand how useful this may be to have a clear Final Communiqu drafted with meetings along the way but why not being public. Having a formal transparency audit for the G20 is utopic and even ICANN has no publicly available transparency analysis. The suggestion made is therefore to add information to the Dashboard on performance metrics. Given the fact that the University of Toronto does the analysis, why could it be displayed on the G20 website to press and urge governments to move forward and to show citizens when they can push? Moreover, reports on ICANN show that exemptions and subjects for which transparency should be limited are defined very widely. For the G20, all is exempted from publication! Narrowing transparency exemptions would increase legitimacy. The second comment relates to the refusal of all parties to build a permanent secretary. Given this denial, the process of releasing documents and data will never be as formalized as it is in IANN. However, even without going that fare, including for the public to request information that is not publicly available through a Documentary Information Disclosure Policy (DIPD), as exists for the Internet would allow us to continue moving forward on the path of Open Government. Creating a clear information- request procedure and developing independent procedures to explain why some instances lead to denial of information would endanger nor the discussions nor public safety. ICANN is usually told they release so many documents in such a disorderly manner that only experts are able to handle the contents and that one-time users are unable to find what they look for. If the G20 made one step towards this path would be a major step.
ICANNs AoC commits to maintain and improve robust mechanisms for public input to ensure the outcomes of its decision-making process will reflect the public interest. The by-laws revised in 202 now include staff responsible for public participation and the
Board Public Participation Committee thinks on public involvement at all levels including board levels (to complement the nomination of at-wide elected board- members). In fact, the Berkman Center points out a few points for improvement especially by using open-innovation literature and principles. Following the analysis of participation, we shall focus on bringing people to interact, aggregating inputs and incorporating in the final decision. ICANNs general Manager of Public participation, Kieren McCarthy, noted that ICANN should move towards simpler input mechanisms such as polls not reliant on people reading whole reports to increase public participation (Berkman Center for Internet & Society October 2010). The G20 is far from there, soliciting public comments on drafts does not exist and discussions forums mandatory for all decision taken by ICANN- are not relevant. However, rather than having an informal lobbying process, using the same type of strategy as the EU to manage to deal with inputs could make sense (White paper, Green Paper). In fact, ICANNs at large White papers obey to the same logic and are supposed to bring people to comment and argue. To enhance participation at the G20, starting by announcing all meetings and releasing preparatory documents would be a first step and would give a use to the Civil 20 as well as to the Think20, which could comment on early drafts. When it comes to aggregating and responding to the input, since the process does not exist yet in the G20, what comes out of the gathering done by ICANN is that public comments are rare, heterogeneous and people feel they were not heard. Therefore, rather than having the B20 and Y20 happening at the same time as the summit, it would be more useful to have formal meetings ahead of time to allow inclusion of comments. Moreover, how risky would it be to create contests and calls for ideas? The only risk would be to receive a good idea and not to be able to reach a consensus. In fact, this could be organized through the Y20, T20 or C20. Aggregation and transmission to the board is always a sensitive issue. ICANN does not manage to give people the feeling that comments are taken into account when it arrives to the Board. In fact, I believe from a G20s perspective, they should never arrive to the Heads of States but should be treated as one of the inputs to the B20/C20/Y20/T20 contributions. According to the Berkman center report, ICANN considered delivering a matrix with specific answers by the Board to Comments classified by theme. This matrix could be used by the Heads of States to comment on para-G20s comments. Indeed, this would bring some states to force opposition rather than putting subjects in drawers but I feel citizens would appreciate and consensus would therefore move faster.
Citizens do not see on a daily basis the works of ICANN or the G20 and usually and tempted to comment or analyze what happens only when something has gone wrong and the newspapers are mentioning the body. This can very quickly give of both institutions a very negative image and give the feeling that they are in another world. This ability to be seen as a technocratic body means that a heavy focus must be put on managing the relation with citizens. Therefore, being able to create an accountable, transparent process of decision-making can change everything. In fact, this transparency
12 ICANN & the G20 nebulous: Multistakeholder decision processes will be a key part in implementation and efficiency of the body. This will require a he change in mentalities but can mean an incredible change in impact. From being a discussion forum for leaders, the G20 can became the crossroad where public participation can be expressed if the turn is managed properly and allows all citizens to express their ideas.
Create an engagement process through a commenting period on early drafts Enhance the participation of citizens by creating contests to put forward new ideas (through the Y20, C20 and T20) Giving formal answer by the G20 to para-G20 institutions comments Managing an online forum/question box to deal with citizens concerns
Reaching consensus is important but not enough to have an effective governance Making the G20 a truly multi-stakeholder body by creating a formal consultation process of all stakeholdders Ensuring all gravitating bodies are formally heard to see all values which could be recognized in the G20 Final Communiqu Create criteria to decide how to invite the 5 invited countries to the G20
14
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