[CCWG-ACCT] proposed language for Mission statement on contract enforcement

[Eric Brunner-Williams]

Nigel,

I'm unaware of that argument. Could you point to an articulation of it?

You do appreciate that if resolver return values -- that is, 
associations between names and addresses -- are ... unpredictable, then 
"technical co-ordination" may reasonably include allocations, of names 
and addresses, with uniqueness guaranteed, but not the means of 
association of names and addresses.

Eric

On 10/30/15 9:35 AM, Nigel Roberts wrote:
> Eric
>
> There's a strong argument that "addressing the wildcard problem" was 
> corporate overreach.
>
> I know some will disagree, but it's nothing to do with the technical 
> co-ordination of internet identifies, and everything to do with 
> economic regulation.
>
>
>
> On 30/10/15 16:31, Eric Brunner-Williams wrote:
>> Becky,
>>
>> "shall not regulate services that use the Internet's unique identifiers"
>> -- had this language been in place a decade ago how could the
>> corporation have addressed the wildcard problem? Who would be the
>> regulator(s) of monitized synthetic returns? These are things that
>> actually broke the net, and an appeal to Vixie's patch seems ... well
>> ... to court risk of repetition.
>>
>> Where do we go in the future when VGRS initiates another disruptive
>> service unforeseen in contract? When the Egyptian government next
>> withdraws all prefixes can we keep the last authoritative nameserver for
>> Egypt running after its data expires?
>>
>> Also, assuming for the moment that ICANN currently exercises delegated
>> rule making authority, if ICANN explicitly abandons this authority, does
>> that authority revert to the delegating agency?
>>
>> If I may, to regulate, or not regulate, stub-, recursive- and
>> authoritative-resolvers and their resolutions via port 53 of delegated
>> name spaces to allocated address spaces, is more on-point, and vastly
>> narrower, than "services that use ..."
>>
>> Eric
>>
>> On 10/30/15 6:19 AM, Burr, Becky wrote:
>>>
>>> In Dublin we discussed, both in our working meetings and over two
>>> brown bag lunches, an approach to addressing concerns about the
>>> Mission Statement prohibition on regulation of services that use the
>>> Internet’s unique identifiers, or the content that such services carry
>>> or provide.  The following language (in blue) is proposed to address
>>> this concern:
>>>
>>> ICANN shall have no power to act other than in accordance with, and 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.  In service of its Mission, 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.
>>>
>>> What we discussed (over the lunches) as a reasonable check and balance
>>>  (in addition to existing mechanisms such as public comment, etc.) is
>>> a new mechanism whereby registries and registrars are permitted to
>>> sign RAs and RAAs subject to a public reservation that they intend to
>>> challenge one or more specified provisions of such agreements on the
>>> grounds that the provision(s) would exceed the scope of ICANN’s
>>> Mission.   This mechanism will need to be developed.
>>>
>>>
>>>
>>>
>>> J. Beckwith Burr
>>> Deputy General Counsel & Chief Privacy Officer
>>>
>>>
>>>
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>
>>
>>
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