[CCWG-ACCT] The Board's take on the Mission Statement

[Greg Shatan]

Let's not forgot what ICANN's Articles of Incorporation (a more
foundational and fundamental document than any Bylaw) say in Section 3:

"the Corporation shall, except as limited by Article 5 hereof, pursue the
charitable and public purposes of lessening the burdens of government and
promoting the global public interest in the operational stability of the
Internet by (i) coordinating the assignment of Internet technical
parameters as needed to maintain universal connectivity on the Internet;
(ii) performing and overseeing functions related to the coordination of the
Internet Protocol ("IP") address space; (iii) performing and overseeing
functions related to the coordination of the Internet domain name system ("
DNS"), including the development of policies for determining the
circumstances under which new top-level domains are added to the DNS root
system; (iv) overseeing operation of the authoritative Internet DNS root
server system...."

If my recollection is correct, neither the CWG or the CCWG has proposed
changing the Articles of Incorporation.

This is a statement of ICANN's purposes, until these are no longer ICANN's
purposes.

Also, let's not forget that PTI is a "controlled affiliate" of ICANN -- a
single member corporation in which ICANN is the sole member (i.e., a *de
facto* wholly-owned subsidary of ICANN) -- and will be treated as such
until a "separation" decision is made.  PTI isolates the IANA functions
from ICANN, structurally and legally, in order to enhance separability and
accountability.  It overstates the case to say that the "Post-Transition
IANA" is separated from ICANN.  That term should be reserved for the time
when ICANN is no longer the "parent" of PTI.

Greg

On Fri, Dec 18, 2015 at 12:05 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> On Dec 18, 2015 3:15 AM, "Mueller, Milton L" <milton at gatech.edu> wrote:
> >
> >
> > No.  We have no problem with having the Scope of Responsibilities be
> fundamental bylaws,
> >
> >
> > MM: As noted in my previous message, I do have a problem if the scope
> includes non-core, nonexclusive things that ICANN does.
> >
>
> SO: +1 to this, so it's a matter of checking if the text in the scope is
> indeed out of remit of ICANN's actual role and responsibilities. Nevermind
> that this is a repetition of what I had earlier mentioned.
>
> >
> >
> > and that obviously means we expect the Scope of Responsibilities to be
> fairly stable.  Changes to the Scope of Responsibilities should require
> careful deliberation and considered action by the community as well as the
> Board.  The Mission Statement should be even more stable and hardly ever
> require amendment.
> >
> >
> >
> > MM: For ICANN to include its role as IFO as a fundamental bylaw is a
> backdoor way of resisting and denying one of the most critical reforms of
> the IANA  transition, namely the legal and structural separation of IFO
> from ICANN and the principle of separability. Sorry, Steve, that isn’t
> going to happen. Besides, to wrest IANA away from ICANN requires a
> massively complex process that certainly already qualifies as “careful
> deliberation and considered action.”
> >
> SO: Okay this seem to be becoming wired to me as I no longer understand
> the intent here, are you saying that ICANN would seize to be the
> IFO(logically) post-transition? If the intent is to somehow recognise the
> subsidiary of ICANN (PTI) as the IFO in the fundamental bylaw then I agree
> otherwise I think having things embedded in fundamental bylaw is most
> appropriate security because these in itself is a literally fundamental
> issues of the organisation structure and should be treated as such.
>
> Regards
> >
> >
> >
> >
> >
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> >
>
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