[CCWG-ACCT] WP2 Issues with third draft

[Alan Greenberg]

I have not had the time to do a de novo review of the current draft 
from a WP2 perspective, but I have reviewed it for changed in 
response to the ALAC comments.

Following are issues which to the best of my knowledge, I cannot find 
any appropriate changes.

MISSION, CORE VALUES

Page 33: In the infamous "ICANN shall have no powers" section (those 
words since removed), I have been assured that there will be 
instructions to the lawyers so that the final crafted Bylaw will make 
it clear that for the purposes of this section, the identifiers 
themselves will be deemed not to be content. A footnote in the Annex 
would give me some comfort.

Page 35: "Preserve and enhance the neutral and judgment free 
operation of the DNS...". The ALAC had problems with this clause. At 
some point I was told the words came directly from the AoC. I cannot 
find them. What is the rationale and exactly how is ICANN supposed to 
do this. I can accept ICANN taking no actions to violate this, but 
the wording is far wider than that.

Page 38: "Depending on market mechanisms to promote and sustain a 
healthy competitive environment in the DNS market.". The original 
text was preceded by "Where feasible and appropriate". ICANN has a 
responsibility to uphold the public interest, and to do that it must 
be able to make value judgements as to when the open market 
mechanisms are sufficient and when it must intervene. Adding the 
words "healthy" and "bottom up" are not sufficient to accomplish that.

Nowhere: Article 3 of the AoC includes the text "promote competition, 
consumer trust, and consumer choice in the DNS marketplace". Consumer 
choice and consumer choice did not make it into the revised Bylaws. 
The ALAC is not overly concerned with consumer choice, but is very 
concerned about consumer trust. It must be incorporated.

IRP

The IRP still includes that ability to address conflicting panel 
discussions (there was talk about handling these in another way, but 
I can find no such text). However, the outcomes of the IRP do not 
allow for a decision to address this kind of IRP.

Alan