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ICANN's Global Elections: On the Internet, For the Internet
A
Study of the ICANN At-Large Elections by
Common Cause and the Center for Democracy and Technology
March 2000
Prior to the
November 1999 meeting in Los Angeles, the ICANN board adopted an amendment
to the bylaws that established a basic framework for the At-Large elections.
[12] At the Los Angeles meeting, many members of
the ICANN community expressed concern with the amendment, and voiced more
general criticisms of the At-Large election process.
Common Cause and the Center for Democracy and Technology (CDT) were asked
by the Markle Foundation and others in the public interest community to
provide an independent assessment of these concerns and the At-Large elections
as a whole. Our procedure for conducting this study involved both reaching
out to members of the ICANN community and soliciting input from experts
in online voting, democratic process, and international elections.
A.
Outreach within the ICANN Community
A significant part of this study involved outreach to the ICANN community
to gather opinions on the problems with the current election process and
possible solutions to those problems. The scope of our outreach was necessarily
limited by time and resource constraints, and we were not able to speak
with as many ICANN participants as we would have liked to under ideal
circumstances. In particular, we must acknowledge that our outreach to
overseas participants was limited, and our perspective on certain issues
has been influenced by our experience working primarily on issues involving
U.S. policy.
We sought to gather input from a broad cross-section of the ICANN community.
Those consulted for this study included leaders from the nonprofit community,
corporations and industry groups, intellectual property and trademark
interests, registrars and registries, and technical standard organizations.
We also made an effort to include international leaders from each of these
groups. Our contact with these participants took place via email, phone
calls, group conference calls and in-person meetings.
During our outreach, we posed the following three issues for discussion:
1) What is the purpose of the At-Large election, and how does it relate to ICANN's mission?
2) Do you agree or disagree with the current election rules? Please describe why you agree or disagree.
3) Do you have ideas for how the At-Large election might be improved?
We found that
these questions provoked an interesting discussion among members of the
ICANN community. Although responses that we received varied, we were able
to identify some common themes among the concerns raised and suggested
remedies proposed. These themes are discussed in detail in Section 3 and
Section 4 of this report.
List of Individuals Consulted [13]
| Izumi Aizu | MAC, Asia & Pacific Internet Association |
| Theresa Amato | Citizen Advocacy Center |
| Takashi Arano | ASO Address Council |
| Karl Auerbach | MAC, Boston Working Group |
| Mikki Barry | Domain Name Rights Coalition |
| Raimundo Beca | ASO Address Council |
| Becky Burr | Department of Commerce |
| Marilyn Cade | AT&T |
| Diane Cabell | Berkman Center |
| Caroline Chicoine | Blackwell Sanders Peper Martin |
| Roger Cochetti | Network Solutions, Inc. (Prior: IBM Corporation) |
| Tod Cohen | MPAA |
| Charles Costello | Carter Center |
| Leslie Daigle | Rattlenote Technology Inc. |
| Barbara Dooley | Commercial Internet eXchange Association |
| Esther Dyson | ICANN |
| Michael Froomkin | University of Miami School of Law |
| Leslie Harris | Harris Associates |
| Don Heath | Internet Society |
| Hans Peter Holen | ASO Address Council |
| Kim Hubbard | ARIN |
| David Johnson | Wilmer Cutler & Pickering |
| Kanchana Kanchuanasut | Asian Institute of Technology |
| Myungkoo Kang | Seoul National University |
| Kathryn Kleiman | ACM's Internet Governance Cmte. |
| Hans Klein | Computer Professionals for Social Responsibility (CPSR), Georgia Institute of Technology |
| Dori Kornfeld | ACM |
| Sue Leader | ISOCNZ |
| Andrew McLaughlin | ICANN |
| Eric Menge | U.S. Small Business Administration |
| Steve Metalitz | International Intellectual Property Alliance/Copyright Coalition on Domain Names |
| John Montjoy | Commercial Internet eXchange |
| Milton Mueller | Syracuse University |
| Andy Oram | CPSR |
| YJ Park | APTLD |
| David Post | Cyberspace Law Institute/Temple University Law School |
| Nii Quaynor | Network Computer Systems |
| Oscar Robles | NIC-Mexico/ITESM |
| Ellen Rony | Co-author, Domain Name Handbook |
| Peter Schalestock | Perkins Coie LLP |
| Joe Sims | Jones Day (ICANN) |
| Theresa C. Swinehart | MCI WorldCom |
| Don Telage | Network Solutions, Inc. |
| Dany Vandrome | RENATER |
| Bill Washburn | Real Names Corporation |
| Jonathan Weinberg | Wayne State University |
| Frederick W. Weingarten | American Library Association |
| Daniel Weitzner | WWW Consortium |
| Cathy Wittbrodt | ASO Address Council |
| Jonathan Zittrain | Berkman Center |
[Top]
[Outreach within the ICANN Community] [Election
Experts]
B.
Election Experts
In addition to reaching out to participants in the ICANN process, the
ICANN Election Study brought fresh perspectives to the At-Large membership
debate by engaging elections experts from outside the ICANN community.
On February 9th 2000, Common Cause and the Center for Democracy and Technology
invited experts in democratic process, elections, and online voting to
the Kennedy School of Government for a roundtable discussion on the ICANN At-Large election process. [14]
The participants in the discussion contributed many different types of
expertise - from monitoring elections on an international level, to designing
voting systems, to creating secure mechanisms for online voting, to creating
rules for campaign finance and election fraud. They provided their perspectives
on the complex issues that ICANN faces in establishing these elections.
Participants generally agreed that evaluating the election system is difficult
given that ICANN's purpose and the goals of the election are not clear.
[15] The insights and suggestions provided by these
experts have been included in our analysis in Section
4 of this report.
List of Elections Experts Consulted [16]
Derek Bok, President Emeritus, Harvard University
Charles Costello, The Carter Center
Lorrie Faith Cranor, AT&T Labs Research
Richard Engstrom, University of New Orleans
Jeff Fischer, International Foundation for Election Systems
Ron Gould, Elections Canada
Steven Hill, Center for Voting and Democracy
Arend Lijphart, University of California, San Diego
Peter Molnar, Shorenstein Center on Press, Politics & Public Policy
Joseph Nye, Kennedy School of Government, Harvard University
Drazen Pantic, Center of War & Peace and News Media
Juliana Pilon, International Foundation of Election Systems
Virginia Postrel, Reason Magazine.
Trevor Potter, former Chairman, U.S. Federal Election Commission
Ed Still, Lawyers Committee for Civil Rights Under Law
Tracy Westen, Grassroots.com
Fred Werthheimer, Democracy 21[Top] [Outreach within the ICANN Community] [Election Experts]
[Next: Appendix II: Letter to the ICANN Board]
12: http://www.icann.org/general/bylaws.htm
13: We
would also like to acknowledge the many members of the ICANN community
that expressed interest in our study, but were unable to participate
due to time and resource constraints.
14: The agenda for the roundtable discussion is
available at: http://www.commoncause.org/icann/roundtable/agenda.htm
15: Highlights from this interdisciplinary discussion
on the purpose and structure of the ICANN At-Large elections are available
at http://www.commoncause.org/icann/roundtable/
16: Biographies
of participants are available at http://www.commoncause.org/icann/roundtable/participants.htm
Some invitees who could not attend this roundtable also provided
us input, including Tracy Westen of Grassroots.com (formerly of the
Center for Governmental Studies), Juliana Pilon of the International
Foundation of Election Systems, Arend Lijphart of the University of
California, San Diego, Virginia Postrel of Reason Magazine.
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