[CCWG-ACCT] FW: Fwd: FW: ICANN Board Comments on Third CCWG-Accountability Draft Proposal on Work Stream 1 Recommendations

Burr, Becky Becky.Burr at neustar.biz
Wed Dec 16 19:44:02 UTC 2015


I believe, as Bruce indicated, that ICANN¹s counsel has long taken the
position that ICANN is not a ³regulator² period.  I think we could agree
that ICANN doesn¹t have the kind of statutory grant of authority that
sovereigns usually confer on formal regulatory bodies, but to me that is
enormously irrelevant.  ICANN regulates - the New gTLD Application
Guidebook reflected bottom up policy making supplemented with implementing
³rules.²  Just because no one is forced to apply for a new gTLD doesn¹t
eliminate the regulatory role played by ICANN when it comes to registries
and registrars.

So the question - and it is an important question - is what is the scope
of ICANN¹s regulatory authority.  As I¹ve said more than a few times, the
scope of that authority is the picket fence.

I would be shocked if Bruce was to report that ICANN would agree to a
prohibition on ³regulation² - and I don¹t think anything that the CCWG has
done so far asks for that.  Rather, the reference in the Board comments is
likely just a reiteration of counsel¹s oft-repeated but IMHO meaningless
assertion that ICANN does not have formal regulatory authority granted by
a sovereign.

If it walks like a duck etc.


J. Beckwith Burr 
Neustar, Inc. / Deputy
General Counsel & Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington D.C. 20006
Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
<http://www.neustar.biz>




On 12/16/15, 2:23 PM, "Avri Doria" <avri at acm.org> wrote:

>
>
>On 16-Dec-15 05:27, Bruce Tonkin wrote:
>> (2) ICANN is not a regulator, and does not regulate content through
>>these contracts.
>
>doesn't this just mean it is not a content regulator without indicating
>that it is not a regulator in any other aspect of the role?
>
>avri
>
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