[CCWG-ACCT] regulatory/mission issue WS2

[Greg Shatan]

I'm still digesting this, but not getting indigestion. My first reaction is
to agree with Steve DelBianco.

Greg

On Friday, November 6, 2015, Steve DelBianco <sdelbianco at netchoice.org>
wrote:

> Becky — may get a rise but certainly no riot.  If I understand it, you
> propose we eliminate the sentence that created the concern over ICANN not
> being able to enforce contracts:
>
> Without in any way limiting the foregoing absolute prohibition, ICANN
> shall not regulate services that use the Internet's unique identifiers, or
> the content that such services carry or provide.
>
>
> With that sentence gone, we no longer need this one:
>
> ICANN shall have the ability to enforce agreements with contracted
> parties, subject to established means of community input on those
> agreements and reasonable checks and balances on its ability to impose
> obligations exceeding ICANN’s Mission on registries and registrars.
>
>
> And we are left with a tight mission statement that should prevent future
> adventures like NetMundial:
>
> ICANN shall act strictly in accordance with, and only as reasonably
> appropriate to achieve its Mission
>
>
> Makes sense to me.
>
>
> From: <accountability-cross-community-bounces at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community-bounces at icann.org');>>
> on behalf of Becky Burr <Becky.Burr at neustar.biz
> <javascript:_e(%7B%7D,'cvml','Becky.Burr at neustar.biz');>>
> Date: Friday, November 6, 2015 at 12:30 PM
> To: Accountability Community <accountability-cross-community at icann.org
> <javascript:_e(%7B%7D,'cvml','accountability-cross-community at icann.org');>
> >
> Subject: [CCWG-ACCT] regulatory/mission issue WS2
>
> All:  At the risk of causing a riot, I confess that am getting
> increasingly concerned that we are confusing ourselves (and possibly the
> bylaws) by trying to include and explain the prohibition on regulation of
> services that use the Internet’s unique identifiers or the content that
> such services carry or provide.  Perhaps we would be better off relying on
> a clear Mission statement and enhanced accountability mechanisms to prevent
> mission creep? I could certainly make the argument, based on the proposed
> mission statement, that ICANN has no authority to regulate ISPs, or to use
> its authority over registries and registrars to do so indirectly.  (Please
> note, ICANN’s Bylaws currently authorize ICANN to enter into contracts.
> See  Article XV, Section 1).
>
> Should we discuss this approach?  The report language on ICANN’s Mission
> Statement, reflecting the recent changes to address IAB/IETF concerns,
> would then read:
>
> The Mission of The Internet Corporation for Assigned Names and Numbers
> ("ICANN") is to ensure the stable and secure operation of the Internet's
> unique identifier systems in the ways described below.  Specifically, ICANN:
>
> 1.  Coordinates the allocation and assignment of names in the root zone of
> the Domain Name System ("DNS"). In this role, ICANN’s Mission is to
> coordinate the development and implementation of policies:
>
> •For which uniform or coordinated resolution is reasonably necessary to
> facilitate the openness, interoperability, resilience, security and/or
> stability of the DNS; and
>
> •That are developed through a bottom-up, consensus-based multi-
> stakeholder process and designed to ensure the stable and secure operation
> of the Internet’s unique names systems.
>
> 2.  Coordinates the operation and evolution of the DNS root name server
> system. In this role, ICANN’s Mission is to [to be provided by root server
> operators].
>
> 3.  Coordinates the allocation and assignment at the top-most
> level of Internet Protocol ("IP") and Autonomous System ("AS") numbers.
> ICANN’s Mission is described in the ASO MoU between ICANN and RIRs.
>
> 4.  Collaborates with other bodies as appropriate to publish core
> registries needed for the functioning of the Internet. In this role, with
> respect to protocol ports and parameters, ICANN's Mission is to provide
> registration services and open access for registries in the public domain
> requested by Internet protocol development organizations, such as the
> Internet Engineering Task Force.
>
> ICANN shall act strictly in accordance with, and only as reasonably
> appropriate to achieve its Mission. Without in any way limiting the
> foregoing absolute prohibition, ICANN shall not regulate services that use
> the Internet's unique identifiers, or the content that such services carry
> or provide. ICANN shall have the ability to enforce agreements with
> contracted parties, subject to established means of community input on
> those agreements and reasonable checks and balances on its ability to
> impose obligations exceeding ICANN’s Mission on registries and registrars.
>
>
> *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>
>
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