[Area 1] Sub Group 1 - Preliminary Draft

[Grace Abuhamad]

Malcolm, would you like to post this draft to the Wiki page?
<https://community.icann.org/x/YIMQAw>

On 12/12/14 2:15 AM, "Malcolm Hutty" <malcolm at linx.net> wrote:

>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_a
>nd_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/
>
>                 London Internet Exchange Ltd
>           21-27 St Thomas Street, London SE1 9RY
>
>         Company Registered in England No. 3137929
>       Trinity Court, Trinity Street, Peterborough PE1 1DA
>
>
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