[Area 1] Sub Group 1 - Preliminary Draft

[Malcolm Hutty]

Dear all,

I would like to point to a 'root source' for accountability mechanisms
that underpins those identified in the first draft.

These are clauses C.2.9.2c and C.2.9.2.d of the IANA Functions contract.

See below for [1] A link to the contract [2] quote of C.2.9.2.c [3]
quote of C.2.9.2.d.

These are core provisions of the contract that ensure ICANN's
accountability to the ccTLD and gTLD communities, respectively.

The effect of C.2.9.2c is to protect the independence and authority of
ccTLDs to make policy for their domain, and to prevent ICANN encroaching
on that by seeking to make policy for ccTLDs in the way it does for gTLDs.

The effect of C.2.9.2.d is to create a binding commitment that gTLD
changes shall be based on existing policy procedures (i.e. the GNSO
PDP), to require that these procedures continue, and that they be open
and transparent.

Because they are in a contract to which NTIA is a counter-party, they
make ICANN accountable to NTIA for ensuring that it honours these
requirements. They also form the base of ICANN's understanding of its
accountability to the community for ccTLDs and gTLDs respectively.

To put it bluntly, C2.9.2.d is the binding mechanism that prevents the
ICANN Board deciding to abolish the GNSO, or to look to somewhere else
(e.g. GAC) for the source of gTLD policy. There is more detail set out
in the Bylaws as to how this is to operate, but C.2.9.2.d elevates this
above a mere Bylaws requirement (which is subject to change by the
Board) into a binding, externally enforceable commitment.

Please note that CCWG-Stewardship, which is dealing with IANA
transition, has decided that the effect of C.2.9.2.d is a matter for
CCWG-Accountability and not for itself.


I attach a proposed modification to the current draft that would
recognise these clauses as an accountability mechanism.

Kind Regards,

Malcolm.

[1]
http://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_award_and_sacs.pdf

[2] Regarding ccTLDs, the IANA functions contract [1] says at C.2.9.2.c:

"C2.9.2.c -The Contractor shall apply existing policy frameworks in
processing requests related to the delegation and redelegation of a
ccTLD, such as RFC 1591 Domain Name System Structure and Delegation, the
Governmental Advisory Committee (GAC) Principles And Guidelines For The
Delegation And Administration Of Country Code Top Level Domains, and any
further clarification of these policies by interested and affected
parties as enumerated in Section C.1.3. If a policy framework does not
exist to cover a specific instance, the Contractor will consult with the
interested and affected parties, as enumerated in Section C.1.3;
relevant public authorities and governments on any recommendation that
is not within or consistent with an existing policy framework. In making
its recommendations, the Contractor shall also take into account the
relevant national frameworks and applicable laws of the jurisdiction
that the TLD registry serves. The Contractor shall submit its
recommendations to the COR via a Delegation and Redelegation Report."


[3] Regarding gTLDs, the IANA functions contract says at C.2.9.2.d:

"C.2.9.2.d Delegation and Redelegation of a Generic Top Level Domain
(gTLD) -- The Contractor shall verify that all requests related to the
delegation and redelegation of gTLDs are consistent with the procedures
developed by ICANN. In making a delegation or redelegation
recommendation, the Contractor must provide documentation verifying that
ICANN followed its own policy framework including specific documentation
demonstrating how the process provided the opportunity for input from
relevant stakeholders and was supportive of the global
public interest. The Contractor shall submit its recommendations to the
COR via a Delegation and Redelegation Report"



-- 
            Malcolm Hutty | tel: +44 20 7645 3523
   Head of Public Affairs | Read the LINX Public Affairs blog
 London Internet Exchange | http://publicaffairs.linx.net/

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