[CCWG-ACCT] [Acct-Legal] Question raised on this morning's Legal SubTeam Call

Dr Eberhard Lisse el at lisse.NA
Thu Apr 30 09:16:02 UTC 2015

Dear Co-Chairs Thomas and Mathieu,

Besides that this is not a decision to be made by one Co-Chair, as
usual, your colleague is wrong, it has nothing to to with
implementation or operational accountability.

Let me quote (selectively) from the Charter:

	The CCWG-Accountability will investigate accountability
	mechanisms regarding all of the functions provided by ICANN.

	Suggested questions to be considered as part of Work Stream
	1 include, but are not limited to:

	What would be the impact of NTIA's transition of the IANA
	Functions Contract in ensuring ICANN's accountability and
	what potential accountability concerns could this cause?

	The CWG-Stewardship's scope is focused on the arrangements
	required for the continuance of IANA functions in an
	accountable and widely accepted manner after the expiry of
	the IANA Functions Contract.  Accountability for the
	administration of the IANA functions (i.e., implementation
	and operational accountability) is not within the scope of
	the CCWG-Accountability as it is being dealt with by the

I am clearly not asking about implementation or why IANA department
staff should not lean on (cc)TLD Managers, that would be out of
scope for the CCWG Accountability, but we need to establish the
foundations on which this rests and the impact this may have.

The Charter requires it.

I have also not asked about the statutory rights in each country
where a (cc)TLD Manager finds itself, but I am thankful for the
reminder, as this also needs to be looked at.

And as before, just because some here want to rush, doesn't mean it
needs to be rushed.

So, to clarify:

	Are there any statutory (US (Federal and/or States) and/or
	other) rights of (cc)TLD Managers affected by the existence,
	acts or omissions of the IANA Function Manager at present,
	and will that change with/after the transition?

But, perhaps assigning the question to the independent counsel will
clear this up, and I am quite satisfied if we start with the US.


On 2015-04-30 08:17, León Felipe Sánchez Ambía wrote:
> I agree with your reasoning and I also believe Dr.  Lisse’s
> question is out of scope as per our Charter as it relates to
> accountability for the administration of the IANA function which
> is in the scope of the CWG’s work instead.
> Best regards,
> León
>> El 30/04/2015, a las 2:11, James Gannon <james at cyberinvasion.net
>> <mailto:james at cyberinvasion.net>> escribió:
>> Eberhard is talking about statutory rights of ccTLD managers
>> which would be set down under national law of the domicile of the
>> ccTLD manager, potentially hundreds of sets of laws.  I think
>> that anyone can see that this would be a mammoth undertaking by
>> any law firm and may take months or years to come to a wholesome
>> opinion on.
>> -James
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/

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