[CCWG-ACCT] Board comments on the Mission statement

[Bruce Tonkin]

Hello David,


>>  I had proposed a revised "services clause" :  ICANN should not be allowed to impose -- directly or indirectly, via its contracts -

I think that is better language than "regulate".

 >>  obligations on persons or entities whose only connection to the DNS is that they use a domain name for Internet communication.  

In this context are you distinguishing general Internet users from registrants.   Ie Registrants register domain names for Internet communications.  There are a range of obligations imposed on registrants, through ICANN's agreements with registrars.   

See section 3.7.7 of the registrar accreditation agreement (RAA): https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en

3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.


>>  "ICANN should not be allowed to impose -- directly or indirectly, via its contracts -- obligations on persons or entities whose only connection to the DNS is that they use a domain name for Internet communication, except for 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 which are developed through a bottomup, consensus-based multi-stakeholder process and designed to ensure the stable and secure operation of the Internet's unique names systems."

I think the "except" clause gets closer to the current situation.   In the first clause though I think it would be helpful to understand whether you are referring to general Internet users, or those that actually have a domain name, IP address or other unique identifier assigned to them.

Regards,
Bruce Tonkin