[CCWG-Accountability] Related work on ICANN's Public Interest

Wed Dec 17 16:07:56 UTC 2014

Thanks Bruce, Steve.

I've read the rest of the thread and think it goes down a little bit of a
rabbit hole, but that's OK (maybe it means the same one won't appear
later?).

For me the primary concern with a non-defined use of the term "public
interest" is that it gives license to the person using it to advance beyond
the ICANN remit of technical coordination of the DNS and other Internet
identifiers, into all sorts of other things. Alternatively, it can be used
to try and dismiss proposed policy or practice that make sense to the
operational communities.

On that basis I have a degree of comfort with Steve's post. If we are clear
that ICANN serves the global public interest by serving the operational
communities and coordinating among and between names, numbers and
protocols, then other questions get a bit easier to answer.

To me, this narrow focus on the core mission helps to avoid a number of
downsides that ICANN has occasionally or currently displayed/displays. In
particular, it means that we as a community don't have to solve all the
answers to questions that sometimes get thrown at us (use of names etc).

If ICANN thought or operated as if it had the role of judging the broad
public interest, then it would be trying to turn itself into a government.
It is governments or states, with their democratic legitimacy (well,
often!) and role in the international system, who judge the public
interest.

We shouldn't take that on, in my view - we should stick to our knitting of
technical coordination.

Hope this helps

best,
Jordan

On 17 December 2014 at 01:34, Steve DelBianco <sdelbianco at netchoice.org>
wrote:
>
>   As mentioned on today's call, here is a proposed definition for global
> public interest in the context of ICANN:
>
>   The 'public' part of public interest is concerned more with users and
> registrants than with contracted parties and others who are deeply involved
> at ICANN.
> And the public interest in ICANN decisions is broader than just a secure
> and stable DNS. Namely, users and registrants want ICANN to make sure the
> DNS delivers two essential and measurable qualities: *Availability* and *Integrity,
> *of *Registrations and Resolutions*
>
>   *Availability *of the DNS is critical for global users who increasingly
> rely on the Internet for information, communications, and commerce. Domain
> name resolutions need to be available 24 hours a day, 365 days a year, from
> anywhere on the globe. Availability also means being able to use any
> language and any script for both generic and country-code domains and email
> addresses.
>
>  Availability can also apply to domain names sought by registrants: will
> domains in new gTLDs be available to the public, or will they be captured
> by insiders? That kind of availability should also be part of the public
> interest test for ICANN decisions.
>
>  *Integrity* of the DNS is vital to registrants and end-users of the
> Internet. Registrants rely upon the integrity of domain name registration
> to ensure that their identities are not misrepresented or misappropriated.
> E-commerce and Internet financial transactions absolutely require integrity
> in resolution of domain names and secure delivery of encrypted data.
>
>  Internet users depend upon the integrity of domain name services to
> provide accurate and authentic results when they look up a website or send
> an email. Integrity is undermined by deceptive practices such as
> redirecting users to fraudulent websites or providing false information
> about the true owner of a web domain.
>
>   I encourage further discussion on the concept of global public interest
> in our CCWG. This term is too important to leave undefined or let a few
> individuals define it to fit their own agenda.   If we allow 'public
> interest' to mean anything and everything, it will end up meaning nothing
> at all.
>
>   --
>  Steve DelBianco
> Executive Director
> NetChoice
> http://www.NetChoice.org <http://www.netchoice.org/> and
> http://blog.netchoice.org
> +1.202.420.7482
>
>
>
>   On 12/16/14, 11:48 AM, "Bruce Tonkin" <Bruce.Tonkin at melbourneit.com.au>
> wrote:
>
>   Hello All,
>
>  The origin of the strategic work on public interest comes from the
> strategy panel on Public Responsibility Framework.
>
>  https://www.icann.org/en/system/files/files/prf-report-15may14-en.pdf
>
>  That panel recommended the following definition:
>
>  "Panel Definitions Submitted to ICANN:
>
>  As an independent, global organization, ICANN is one of the
> organizations charged
> with responsibility for an increasingly important shared global resource:
> The Internet.
> As one of the stewards of this resource, ICANN recognizes it has a
> responsibility to
> protect and promote the global public interest, both throughout its work,
> and in
> collaboration with other entities. ICANN's public responsibility permeates
> all areas of
> its work and is at the core of its operations.
>
>  ICANN defines the global public interest in relation to the Internet as
> ensuring the
> Internet becomes, and continues to be, stable, inclusive, and accessible
> across the
> globe so that all may enjoy the benefits of a single and open Internet. In
> addressing its
> public responsibility, ICANN must build trust in the Internet and its
> governance
> ecosystem."
>
>  This definition though has not been formally adopted.
>
>  Regards,
> Bruce Tonkin
>
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>

-- 
Jordan Carter

Chief Executive
*InternetNZ*

04 495 2118 (office) | +64 21 442 649 (mob)
jordan at internetnz.net.nz
Skype: jordancarter

*To promote the Internet's benefits and uses, and protect its potential.*
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