1.1 A Value-based and Conceptual Approach

Participation and representation are governance values that are now globally accepted. They are based upon the concept that those who are affected by decisions or policies initiated by the relevant bodies should participate or be represented in the policy making processes. Participation creates empowerment and empowerment yields a sense of collaboration. The more comprehensive the level of participation, or the more inclusive the level of representation, the less likely that those subject to a resulting policy will consider that policy unfair or illegitimate. This holds especially true for such a globally pervasive medium as the Internet.

The appropriate structure of internal governance for ICANN is therefore largely a question that depends in important part on two related threshold questions: what is the essential organizational character of ICANN? And what is the essential nature of its mission?

The relationship among these questions arises because, to the extent that ICANN functions as a public or quasi-public entity that engages in the formulation of public policy about the Internet, i.e., decision-making that has broad impact on the general public, then the legitimacy of ICANN depends, at least in substantial part, on having some public voice as an important part of the structure of its decision-making.

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