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

[Eric Brunner-Williams]

Hi Becky,

Correct. These do not arise from the IANA Functions Contract, nor from 
"generally accepted principles of law".

I'm attempting to make the point that the latter -- "generally accepted 
principles of law" -- provides little if any basis for significant 
activities of the contractor.

I'm also alluding to Malcolm's closing comment:
> We should be very careful not to create a sense
> that the narrow scope of ICANN's responsibilities for DNS is supplemented
> by a broader ambition to use the DNS to pursue a general and unbounded 
> set
> of policies "in the public interest",
l attempt to show that even when the IANA Functions are as narrowly 
construed as we can sensibly make them, "public interest" leads us to 
larger ends than we originally had, or are reflected in the several IANA 
Functions Contracts since 1998.

Regards,
Eric Brunner-Williams
Eugene, Oregon


On 12/17/14 1:45 PM, Burr, Becky wrote:
> Eric - I don't think that the IANA Functions Contract provides any support for IANA adding IDNs, dealing with IPv4 issues, or DNS sec.  Those are all policy issues to be addressed through ICANN's policy development processes, the number registry processes, etc.
>
>
> J. Beckwith Burr
> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington, DC 20006
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> -----Original Message-----
> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Eric Brunner-Williams
> Sent: Wednesday, December 17, 2014 4:21 PM
> To: accountability-cross-community at icann.org
> Subject: Re: [CCWG-Accountability] Related work on ICANN's Public Interest
>
> On 12/17/14 8:53 AM, Malcolm Hutty wrote:
>> Certainly I would regard it as being in the public interest that ICANN
>> should discharge its functions properly, and in accordance with
>> generally accepted principles of law.
> Dear Malcolm,
>
> What "generally accepted principles of law" do you suggest apply to the management of protocol parameters?
>
> Similarly, what "generally accepted principles of law" do you suggest apply to the management of globally unique address identifiers?
>
> And finally, what "generally accepted principles of law" do you suggest apply to the management of globally unique resource-to-address identifiers (domain names)?
>
> There is of course, from the Green and White Papers period, competition policy and a transition from an incumbent monopoly contract to a competitive regime, but other than that, where do the "generally accepted principles of law" properly inform the party or parties conducting each of these three management activities?
>
> Where, among the "generally accepted principles of law" would one look for support of the proposition that adding labels in the Han Script to the IANA root zone is in "the public interest"?
>
> Similarly, where would one look for support of the proposition that allocation of scarce v4 addresses not be made solely upon the basis of highest price offered?
>
> And finally, where would one look for support of the proposition that algorithms for signing zones include the GOST suite?
>
> My point being that when the IANA Functions are as narrowly construed as we can sensibly make them, "public interest" and "generally accepted principles of law" are difficult to find points of association, let alone concordance.
>
> Regards,
> Eric Brunner-Williams
> Eugene, Oregon
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