[CCWG-ACCT] regulatory/mission issue WS2

Avri Doria avri at acm.org
Sun Nov 8 19:47:36 UTC 2015


Hi,

Just catching up after being with email.

Happy to see the sentences removed.

avri


On 06-Nov-15 14:30, Burr, Becky wrote:
> 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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> Accountability-Cross-Community at icann.org
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