A Methodological Proposal for Analyzing Governance of CIR Functions

15 November 2009 - A Workshop on Critical Internet Resources in Sharm el Sheikh, Egypt


Building on past “legal” workshops, this workshop will examine the governance of Critical Internet Resources (CIR) from a functional perspective, providing a new mode of legal analysis (or methodology) that ensures that the governance structures and forms are appropriate for the particular CIR function in question. By using a functional analysis, a set of policy options for evolving the governance structures are enlarged and the rationale for adopting a particular organizational form (or several forms) can be more clearly articulated and set in a broader legal context taking account of the advantages and disadvantages of various options for governance structures mapped to a various CIR functions. The workshop will provide as wide a perspective as possible on the legal considerations that are involved in mapping different organizational structures to different CIR functions. The Workshop will raise awareness of the issues and will also contribute to the body of work addressing questions concerning organizational forms under consideration, and will therefore provide a unique contribution to the "literature" about the governance of CIRs.

a) Provide the names and affiliations of the panelists you are planning to
invite. Describe the main actors in the field and whether you have you
approached them about their willingness to participate in the proposed workshop.

At this early stage our proposed panel is as follows:

Desiree Miloshevic - Afilas/Oxford Internet Institute
Senior Official - Council of Europe (to be confirmed)
Henry Judy - ABA
Veni Markovski - ISOC Bulgaria
Rajnesh Singh - ISOC Pacific
Senior Official - Latin America (to be confirmed)
General Counsel - ICANN (Invited)
David Satola - Word Bank (Moderator)


We believe that the diversity represented by the organizers (coming from the
technical, academic, private sector, public sector (multilateral), civil
society and legal communities) all of whom have expressed an interest in
contributing to the Workshop, enures that the issues will be evaluated from a
broad variety of perspectives.

As I believe the Secretariat already knows, we have been in discussions
with the organizers of two other workshops that appeared to be similar in
orientation to see if combining workshops would make sense. We consulted with
Ian Peter of the Internet Governance Caucus (# 196) and Bob Woodcock of ARIN (#
114). In each case, after discussing the content and objectives of our
respective proposals, we mutually concluded that our respective proposals were
not closely enough linked to merit a merger. In each case, we concluded that
the workshop proposals were going to examine different subject areas from
different approaches. All of the organizers thought the IGF would benefit from
the opportunity to see all.

Our proposal is mainly a legal workshop (our core organizers are all
lawyers) and we intend to focus on a legal analysis of organizational responses
(i,e., the different aspects of different legal forms of organizations) to
managing CIR functions. As we state in our proposal, the starting point for our
analysis are the functions being performed in the management of CIR. We will
then explore a function-by-function (or function-specific) mode of legal
analysis that ensures that the whatever governance structure is used will be
appropriate for the particular CIR function in question. We believe that our
workshop would provide a unique contribution to the "literature" about the
governance of CIRs. Given what we believe to be the unique nature of our
workshop proposal and the diversity of the organizations involved, we would
like to retain our focus on the legal aspects of the functional analysis.