[CCWG-ACCT] FW: Question regarding AoC and "consumer trust"

Matthew Shears mshears at cdt.org
Fri Jan 15 15:57:36 UTC 2016


+ 1

On 15/01/2016 15:27, Greg Shatan wrote:
> I also have to say that I find Fiona's words convincing.  When a 
> document (or any portion thereof) is ambiguous on its face, the 
> intentions of the drafters are a key factor in clarifying the 
> ambiguity.  I consider the meaning and purpose of Section 3 to be 
> clarified, and I withdraw my concerns about how Section 3 is being 
> handled by the CCWG.
>
> To the extent anyone thinks this issue is (or rather, was) significant 
> enough to derail the entire "AoC" Recommendation and postpone it to 
> WS2, I submit that this is now a non-issue.
>
> Greg
>
> On Thu, Jan 14, 2016 at 9:25 PM, avri <avri at ella.com 
> <mailto:avri at ella.com>> wrote:
>
>     Thanks.
>
>     Convinced me.
>
>     Avri
>
>
>     Sent from my T-Mobile 4G LTE Device
>
>
>     -------- Original message --------
>     From: "Burr, Becky" <Becky.Burr at neustar.biz
>     <mailto:Becky.Burr at neustar.biz>>
>     Date:01/14/2016 5:59 PM (GMT-05:00)
>     To: Accountability Community
>     <accountability-cross-community at icann.org
>     <mailto:accountability-cross-community at icann.org>>
>     Cc:
>     Subject: [CCWG-ACCT] FW: Question regarding AoC and "consumer trust"
>
>
>     Fiona’s response, just in case she is unable to post to the list
>
>     *J. Beckwith Burr****
>     **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
>     1775 Pennsylvania Avenue NW, Washington D.C. 20006
>     *Office:***+1.202.533.2932 <tel:%2B1.202.533.2932>
>     *Mobile:***+1.202.352.6367 <tel:%2B1.202.352.6367>
>     */**neustar.biz* <http://www.neustar.biz>
>
>
>     From: <Alexander>, Fiona Alexander <falexander at ntia.doc.gov
>     <mailto:falexander at ntia.doc.gov>>
>     Date: Thursday, January 14, 2016 at 5:58 PM
>     To: Becky Burr <becky.burr at neustar.biz
>     <mailto:becky.burr at neustar.biz>>
>     Cc: Accountability Community
>     <accountability-cross-community at icann.org
>     <mailto:accountability-cross-community at icann.org>>
>     Subject: RE: Question regarding AoC and "consumer trust"
>
>     Hi Becky
>
>     In the drafting of the Affirmation of Commitments, NTIA’s intent
>     was to ensure that consumer trust was considered as part of the
>     new gTLD expansion process.  It was not to broadly include
>     consumer trust as an obligation of ICANN.  If the community wants
>     to have a discussion about consumer trust as a broad ICANN
>     obligation, that is a community decision.  The Affirmation of
>     Commitments, though, should not be read or used to justify an
>     expansion, if one is to take place.
>
>     Please let me know if I can assist further.
>
>     Fiona
>
>     -------------------------------------------------------------------------------------------
>
>     Fiona M. Alexander
>
>     Associate Administrator for International Affairs
>
>     National Telecommunications and Information Administration (NTIA)
>
>     (202) 482-1866 <tel:%28202%29%20482-1866>
>
>     www.ntia.doc.gov <http://www.ntia.doc.gov>
>
>     *From:*Burr, Becky [mailto:Becky.Burr at neustar.biz]
>     *Sent:* Thursday, January 14, 2016 5:49 PM
>     *To:* Alexander, Fiona
>     *Cc:* Accountability Community
>     *Subject:* Question regarding AoC and "consumer trust"
>
>     Fiona –
>
>     I am hoping you can shed some light on ICANN’s obligations with
>     respect to “consumer trust”  under the Affirmation of Commitments
>     (AoC).
>
>     Paragraph 3 of the AoC states that the document “affirms key
>     commitments by DOC and ICANN, including commitments to: … (c)
>     promote competition, consumer trust, and consumer choice in the
>     DNS marketplace.” Paragraph 9.3, entitled “Promoting competition,
>     consumer trust, and consumer choice,” obligates ICANN to “ensure”
>     that “as it contemplates expanding the top-level domain space, the
>     various issues that are involved (including competition, consumer
>     protection, security, stability and resiliency, malicious abuse
>     issues, sovereignty concerns, and rights protection) will be
>     adequately addressed prior to implementation.”  It goes on to
>     require ICANN to conduct specific reviews at specified intervals
>     following the introduction of new gTLDs.
>
>     In transposing ICANN’s AoC commitments into the ICANN Bylaws, the
>     CCWG Proposal contemplates adding a Bylaws provision requiring the
>     specific reviews called for in the AoC, including review of
>     competition, consumer trust, and consumer choice in relation to
>     expansion of the gTLD space.
>
>     Some members of the CCWG believe that this approach faithfully
>     transposes the consumer trust obligations which are referenced in
>     Paragraph 3 but explained  in Paragraph 9.3 to apply exclusively
>     to ICANN’s expansion of the TLD space. Other members of the CCWG
>     interpret the AoC to obligate ICANN also to undertake a general
>     role in promoting consumer trust “in the DNS marketplace.”
>
>     It would be very helpful if you could help us understand the
>     intent of the drafters with respect to ICANN’s “consumer trust”
>     obligations ICANN under the Affirmation of Commitments.
>
>     Many thanks on behalf of the CCWG,
>
>     Becky Burr
>
>     Rapporteur for Work Party 2
>
>
>
>     *J. Beckwith Burr****
>     **Neustar, Inc.***/**Deputy General Counsel & Chief Privacy Officer
>     1775 Pennsylvania Avenue NW, Washington D.C. 20006
>     *Office:***+1.202.533.2932 <tel:%2B1.202.533.2932>
>     *Mobile:***+1.202.352.6367 <tel:%2B1.202.352.6367>
>     */**neustar.biz* <http://www.neustar.biz>
>
>
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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987



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