[CCWG-ACCT] Fwd: Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts

Dr Eberhard W Lisse el at lisse.na
Thu Nov 5 22:46:59 UTC 2015


David,

nice to hear that you think all is hunky dory. But why are having a CCWG Accountability then, in the first place?

Have you ever been in a developing country during a civil war yourself?

el

-- 
Sent from Dr Lisse's iPad mini

> -------- Forwarded Message --------
> Subject: Re: [CCWG-ACCT] Fwd: Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts
> Date: Thu, 5 Nov 2015 19:50:25 +0000
> From: David Conrad <david.conrad at icann.org>
> To: Nigel Roberts <nigel at channelisles.net>, accountability-cross-community at icann.org <accountability-cross-community at icann.org>
> 
> Nigel,
> 
> This isn't a portmanteau, it is a fantasy that cannot occur.
> 
> 1) in the event there is contention between the existing and proposed new
> TLD manager, ICANN follows (and always has) the "Postel principle" of
> referring the contending parties back to resolve their differences and to
> return with a consensus proposal, maintaining the status quo.
> 
> 2) Section 3.1 of RFC 1591 clearly and explicitly requires the
> administrator of a zone to be in the country of the TLD.
> 
> 3) ICANN would not, under its current bylaws, be able to support the use
> of a 12 month old copy of the registry database because it would obviously
> have direct, negative impact to the security and stability of the DNS.
> 
> 4) Section 3.4 of RFC 1591 would disallow the transfer due to the
> requirement that "significantly interested parties in the domain should
> agree that the designated manager is the appropriate party."
> 
> Any one of these would result in IANA refusing to allow the transfer to
> move forward.
> 
> Regards,
> -drc
> 
>> Here's an example.
>> 
>> ICANN takes away the management of a ccTLD from a ccTLD manager in a
>> third world country based on false representations from a third party.
>> 
>> The responsible person at the manager has little English and is in any
>> event under the pressure of threatened harm to himself or his staff if
>> he objects. ICANN locates a 12 month old copy of the registry database
>> and passes it to the new manager who starts operations out of North
>> America, selling the domains for profit to California startups.
>> 
>> (NB: This is a portmanteau stitched together from various situations, so
>> is entirely hypothetical for our purposes).
>> 
>> ICANN has on the face of things, infringed at least on two fundamental
>> rights here - intellectual property, and the right to a fair hearing.
>> 
>> Your proposed wording could easily be used to eliminate any consequences
>> from this.

[...]


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