[CCWG-ACCT] Your public comment re replacement of IANA provider

Avri Doria avri at acm.org
Wed Sep 16 05:19:51 UTC 2015


Hi,

I think it was just oversight on our part.  At one point I was supposed
to track these things for the CWG in the CCWG, but once the chairs took
over the liaison role with their frequent joint leadership meetings, I
admit I fell asleep on the task and it was only when doing the review of
both documents that the gap became obvious. So, I started talking it up
and decided to put a comment on it.

Part of the CWG requirement on the CCWG was a mechanism to insure that
the ICANN Names Operational  Community would have the same power that
the IETF has to replace its IANA function operator defined in an
ironclad manner under the new accountability mechanisms.  Not only did
the CWG recommend that a fundamental bylaw be created that covered the
Separation Cross Community WG (SCWG), but it included the requirement
for the outcome of this group to be approved both by the Board " *and a
community mechanism derived from the CCWG-Accountability**process."
*T*he CWG was not determining the CCWG outcome of a *SM*, but indicated
that whatever Community Mechanism we create, have the power to approve,
or disapprove, the recommendation of the SCWG along with the
Boar*d.****Similar to the CCWG WS1 recommendation itself, it is a
decision that the community and the Board would need to come to
together. ****While not an issue in the CWG comment on CCWG Draft 2, I
believe there is an inconsistency between the CWG report as included in
the ICG aggregated proposal and CCWG Draft 2. The CWG comment on CCWG
indicates that this may no longer be necessary as the other mechanisms
somehow make up for the absence of this direct power. This may indeed
end up the result, but I believe that at the issue needs to be
discussed, and a change needs to be made either in the ICG report,
backing off on the explicit requirement, or in the CCWG's list of
community powers. Of course if we go with the MEM, this may all be moot
as far as the CCWG is concerned, as there would be no community powers
as conceived in Draft 2. Though I expect we would need to then change
the CWG's explicit requirements as defined in the ICG aggregated
proposal. As far as NTIA is concerned, I just think they will be looking
for consistency in our recommendations. I do not believe they care about
such details, as long as we find general agreement on them. thanks avri

> Avri,
>
> I was very interested in your comment regarding the need to amend to
> provide for a community power to allow approval of any replacement
> IANA provider in the event of separation.  This seems to very directly
> concern the IANA transition itself and the prospect of securing
> certification of the proposal by the NTIA to Congress.
>
>  
>
> Could you please explain this a bit further in simple language?  Are
> you saying that ICG or Stewardship has specified that in the event it
> becomes necessary to replace PTI, then approval (or veto) of that
> choice should be a listed community power of the Sole Member?
>
>  
>
> Just seeking to understand this issue more clearly.
>
>  
>
> Thank you,
>
> Anne
>
>  
>
>  
>
>  
>
> **
>
> 	
>
> *Anne E. Aikman-Scalese, Of Counsel*
>
> *Lewis Roca Rothgerber LLP | *
>
> *One South Church Avenue Suite 700 | Tucson, Arizona 85701-1611*
>
> *(T) 520.629.4428 | (F) 520.879.4725*
>
> *_AAikman at LRRLaw.com <mailto:AAikman at LRRLaw.com>_**| www.LRRLaw.com
> <http://www.lrrlaw.com/>*
>
>
>
>  
>
> **
>
>
> 	
>
> * *
>
>  
>
>
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