[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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