[CCWG-ACCT] Who is managing the lawyers and what have they beenasked to do?

Bruce Tonkin Bruce.Tonkin at melbourneit.com.au
Wed Jul 8 09:22:36 UTC 2015


Hello Eberhard,


>>   As I have mentioned, there are no accountability measures contemplated for ccTLD Managers, whatsover, no matter how much one wishes to dress the windows.

I think I may have mentioned this before, but one option would simply be to have a legal agreement between each ccTLD manager and ICANN that clearly sets out what ICANN is responsible for, and sets out any dispute mechanisms.     The agreement could then be used to hold ICANN accountability for its commitments to the ccTLD manager.

In that agreement you could require that ICANN act in accordance with its bylaws published at a particular address.

The agreement could also set out the legal jurisdiction of  the agreement – which presumably could be the country associated with the ccTLD manager.

Ie once this groups works out an appropriate set of accountability mechanisms – a version of those could be incorporated into a legal agreement with the ccTLD manager.   

It is up to the ccTLD manager whether they wish to sign such an agreement.   The agreement could also be structured as a no fee agreement, although I do feel that ccTLD managers should contribute to the cost of operating the IANA function in some form – even if it is voluntary – but that could be on a separate basis to the actual agreement.

Regards,
Bruce Tonkin



 


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