[CCWG-Accountability] [ccTLDcommunity] Alternative proposal to the CWG transition plan

Fri Dec 19 06:42:12 UTC 2014

Just as info, i think this contribution may need to be submitted at the url
below(if not already done) as that is where comments will be formerly
received:

https://www.icann.org/public-comments/cwg-naming-transition-2014-12-01-en

Regards
Member of the CWG-Stewardship

On Fri, Dec 19, 2014 at 7:26 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:
>
> Thanks for the share Dr Lisse
>
> Regards
>
> On Fri, Dec 19, 2014 at 7:06 AM, Dr Eberhard W Lisse <el at lisse.na> wrote:
>>
>> Please find enclosed a draft proposal from auDA forwarded with permission.
>>
>> greetings, el
>>
>> Sent from Dr Lisse's iPad mini
>>
>> > On Dec 19, 2014, at 07:21, Chris Disspain <ceo at auda.org.au> wrote:
>> >
>> > Yes el, with pleasure
>> >
>> > Chris Disspain
>> > CEO - auDA
>> >
>> >> On 19 Dec 2014, at 16:20, Dr Eberhard W Lisse <el at lisse.na> wrote:
>> >>
>> >> Chris,
>> >>
>> >> can I forward to CCWG-Accountability?
>> >>
>> >> el
>> >>
>> >> Sent from Dr Lisse's iPad mini
>> >>
>> >>> On Dec 19, 2014, at 04:58, Chris Disspain <ceo at auda.org.au> wrote:
>> >>>
>> >>> All,
>> >>>
>> >>> Over the next couple of days auDA will be finalising its comments on
>> the CWG proposal. As part of those we will be putting forward an
>> alternative proposal. That proposal is below and also attached as a word
>> document. I would welcome and very much appreciate input and feedback from
>> ccTLD colleagues on our draft alternative. Like the CWG one, there is more
>> work to do on it and detail to be filled in but I think it stands as a
>> viable way forward that might, as a whole, be more palatable to some ccTLDs
>> than the CWG proposal. Of course I could be wrong. I’ve been wrong before,
>> once or twice.
>> >>>
>> >>>
>> >>> IMPORTANT - As you know, I’m on the ICANN Board. The below proposal
>> and the comments auDA will make on the CWG proposal come from auDA. The
>> proposal has nothing to do with the ICANN Board and has not been discussed
>> with the ICANN Board.
>> >>>
>> >>>
>> >>>
>> >>> Cheers,
>> >>>
>> >>> Chris Disspain | Chief Executive Officer
>> >>> .au Domain Administration Ltd
>> >>> T: +61 3 8341 4111 | F: +61 3 8341 4112
>> >>> E: ceo at auda.org.au | W: www.auda.org.au
>> >>> auDA – Australia’s Domain Name Administrator
>> >>>
>> >>>
>> >>>
>> >>> auDA’s Alternative Proposal to CWG Transition Plan
>> >>>
>> >>> Assumptions:
>> >>>
>> >>> 1. In a limited number of circumstances (such as 'gross incompetence'
>> or ‘material breach’) there should be an option for the IANA function to be
>> transferred from ICANN to another operator - The Nuclear Option.
>> >>>
>> >>> 2. There should be an enhancing of the current functional separation
>> of the IANA function from the rest of ICANN - Functional Separation.
>> >>>
>> >>> 3. There should be a TLD registry operator centric standing committee
>> to liaise with and oversee the IANA functions operator on administrative
>> and service level functions - The Customer Standing Committee.
>> >>>
>> >>> 4. There should be an independent, binding arbitration mechanism to
>> handle certain disputes - Appeals.
>> >>>
>> >>> 5. There should be a separate review body to review any ccTLD
>> revocation and delegation (formally referred to as re-delegation) - The
>> ccTLD Review Body
>> >>>
>> >>> Note - there is a further assumption that the ICANN Accountability
>> working group will deal with ICANN wide accountability recommendations (for
>> example a Board spill mechanism) and that such matters are best dealt with
>> there. It is clear that any fully formed transition proposal from the CWG
>> has to be inextricably linked to the work of that Accountability WG and
>> therefore the timing of the work of the groups needs to become aligned.
>> >>>
>> >>>
>> >>> Proposal:
>> >>>
>> >>> 1. The Nuclear Option - Where the IANA functions operator is grossly
>> negligent or incompetent or in material breach of its obligations under
>> agreed service level commitments or performance indicators, it needs to be
>> possible for the IANA function to be moved to a new operator.
>> >>>
>> >>> This could be achieved by the creation of a ‘Golden Bylaw’, similar
>> to the corporate concept of a golden share (
>> http://en.wikipedia.org/wiki/Golden_share). The Golden Bylaw would give
>> the TLD registry operators the right, in certain circumstances, to require
>> ICANN to put the IANA function out to re-bid. The Golden Bylaw would set
>> out at least:
>> >>>
>> >>> a) the requirements to trigger the re-bid process - FOR EXAMPLE a
>> vote of over 75% of ccTLD registry operators and 75% of gTLD registry
>> operators
>> >>>
>> >>> b) what would need to happen to trigger the TLD registry operator’s
>> vote - FOR EXAMPLE a petition by more than 15% of TLD registry operators
>> >>>
>> >>> c) the composition of a Re-Bid Committee that would oversee the vote
>> and the subsequent re-bid and decide who the successful bidder was. The
>> Re-Bid Committee could, FOR EXAMPLE, comprise of 20 registry operators
>> (split between ccTLDs and gTLDS) plus a representative from each of the
>> GAC, ALAC, SSAC and RSSAC
>> >>>
>> >>> d) the basis upon which the Golden Bylaw itself could be changed -
>> FOR EXAMPLE only by a vote of over 75% of ccTLD registry operators and 75%
>> of gTLD registry operators
>> >>>
>> >>> e) the other aspects of this proposal set out below.
>> >>>
>> >>> 2. Functional Separation - The current levels of functional
>> separation of the IANA function from the rest of ICANN can be enhanced as
>> part of the transition in a number of ways including:
>> >>>
>> >>> a) the IANA department having its own discrete budget
>> >>>
>> >>> b) the IANA department having its own legal advisors and independent
>> legal advice.
>> >>>
>> >>> 3. Customer Standing Committee - This committee would provide the
>> day-to-day liaison between the IANA functions operator and the TLD registry
>> operators. It could be made up of an equal number of ccTLD and gTLD
>> registry operators plus a representative from each of the GAC, ALAC, SSAC
>> and RSSAC. It would perform, at least, the following tasks:
>> >>>
>> >>> a) work with the IANA functions operator to agree service levels and
>> performance indicators
>> >>>
>> >>> b) review and re-negotiate the service levels and performance
>> indicators at agreed intervals
>> >>>
>> >>> c) receive reports on and monitor the IANA functions operator’s
>> performance with respect to the service levels and the performance
>> indicators
>> >>>
>> >>> d) conduct a regular IANA functions operator budget review.
>> >>>
>> >>> 4. Appeals - To deal with disputes that arise in respect to matters
>> covered by 3 above there should be a binding arbitration mechanism
>> utilising the services of an independent arbitration organisation.
>> >>>
>> >>> 5. The ccTLD Review Body - The ccTLD community needs to work to come
>> to consensus on the review body contemplated by the Framework of
>> Interpretation WG. Whilst it may not be essential that this work is done by
>> the time of the transition, it is essential that the appeals mechanism set
>> out in 4 above is clearly understood to not be that ccTLD Review Body.
>> >>>
>> >>>
>> >>>
>> >>> _______________________________________________
>> >>> ccTLDcommunity mailing list
>> >>> ccTLDcommunity at cctld-managers.org
>> >>> http://www.lists.cctld-managers.org/mailman/listinfo/cctldcommunity
>> >>>
>> >>> To unsubscribe please send a blank email to
>> ccTLDcommunity-unsubscribe at lists.cctld-managers.org
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>>
>
>
> --
> ------------------------------------------------------------------------
>
>
>
>
>
> *Seun Ojedeji,Federal University Oye-Ekitiweb:
> http://www.fuoye.edu.ng <http://www.fuoye.edu.ng> Mobile: +2348035233535**alt
> email: <http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
> <seun.ojedeji at fuoye.edu.ng>*
>
> The key to understanding is humility - my view !
>
>
>

-- 
------------------------------------------------------------------------


*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

The key to understanding is humility - my view !
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