[CWG-RFP3] Is there is a more suitable legal jurisdiction for anIANA subsidiary?

[Burr, Becky]

On the international organization  question, the article linked below discusses accountability issues in the context of the IOC and FIFA:  http://sciencepolicy.colorado.edu/admin/publication_files/2013.01.pdf


J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
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From: Robert Guerra <rguerra at privaterra.org<mailto:rguerra at privaterra.org>>
Date: Wednesday, November 5, 2014 at 9:55 AM
To: RFP3 <cwg-rfp3 at icann.org<mailto:cwg-rfp3 at icann.org>>
Subject: Re: [CWG-RFP3] Is there is a more suitable legal jurisdiction for anIANA subsidiary?

Dwi,

A couple of quick comments on your post:

- International Status - may be worse and not in scope for this CWG…but may be a direction for the future if challenges can be addressed..

As, I believe, Becky mentioned earlier having ICANN move to an international organization status - like the Red Cross or IOC - will likely make it less open and accountable. Improving accountability and related mechanisms,  as mentioned by Milton, is the focus of another CWG.

Another possibility is to have an international recognition of the inviolability of the root zone. Jovan Kurbalija from DiploFoundation has written a policy brief about this. Ver 2.0 (Oct 2014) can be downloaded at the following URL - http://goo.gl/TFPUJ3<https://urldefense.proofpoint.com/v2/url?u=http-3A__goo.gl_TFPUJ3&d=AAMFaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=v2wE00bgsS16jjq51nUib4814A669hzBY4K7APbC1Xg&s=Zu2djSGXoJ8CbOFc0ItXkcCD8_OvZAvRohPDlSyQzQs&e=>

In my opinion moving towards international status may be an option worth considering, but that is on the distant horizon as there are numerous accountability challenges that need to be solved first.

- Security & Stability of IANA transition important - keeping changes to a minimum.. need to think of features that might be good to build in..

The principles and criteria document mentions in its security and stability section that “.. changes should not undermine the operation of the IANA function.  Changes should be the minimum needed to assure accountability and good stewardship of the service…”

This I believe challenges us to work towards a solution that aims towards technical and administrative excellence AND additional features that current is in the hands of the NTIA. For instance, as Milton, Avri and perhaps others have mentioned it might be worthwhile to create a solution that gives  IANA  the ability to “move” (to another entity, jurisdiction, etc) but keeps it where it is now for the moment.

regards

Robert




On Nov 5, 2014, at 9:24 AM, Burr, Becky <Becky.Burr at neustar.biz<mailto:Becky.Burr at neustar.biz>> wrote:

Several independent review panels have held that ICANN is subject to international law.



Becky Burr
Sent from my iPhone

On Nov 5, 2014, at 03:50, Dwi Elfrida Martina <dwi.elfrida at gmail.com<mailto:dwi.elfrida at gmail.com>> wrote:

Hi,

my name is Dwi Elfrida, I am from Indonesia. in respond to optioned 2 from Robert, and thanks to bring the jurisdiction issue up, in my opinion to tie up IANA legal status to ICANN's legal status might a faster way to reach IANA's legislation. But, it wouldn't be solution for many parties who questioned IANA's independency from the US government authority, as I know, for some parties the good news (main spirit)  of  transition of IANA stewardship is to internationalized IANA, means to dismiss the image of single authority of the US government over IANA. Meanwhile, some parties are still debated the ICANN's legislation that cannot be counted as International law, as all cases of TLD (mostly gTLD) will be processed in the US by using the US law. Therefore, the government of France (at ICANN meeting in London) was still calling the issue of making ICANN as International organization legalized by International law. And this idea seems like supported by some governments in Europe, and other part of this world. Indeed, placing IANA's functions and office from the US to other part of this world, is not the solution as well, because it is not the matter or territory, but the matter of legislation system, which law that suitable enough to validate IANA? do we agree to use the US legislation system like has been used by the ICANN, or do we agree to use International law, then how will we make it happen? Our choice on IANA's legislation system will determine the law enforcement of IANA's policies in the future.

Regards,

Dwi

On Mon, Nov 3, 2014 at 11:33 PM, Greg Shatan <gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>> wrote:
  Greg Shatan (gregshatanipc at gmail.com<mailto:gregshatanipc at gmail.com>) is not on your Guest List | Approve sender | Approve domain

All:

Here is Robert's second question (which I think also applies to the concept of a fully independent IANA):

For  option #2.

- Is there is a  jurisdiction that ICANN has (or can obtain) legal status might be more suitable to use to create IANA as a subsidiary. Such an option might allow for the link to be a subsidiary of ICANN, but sever the legal link to the US. A negative, of course, would be moving the function and existing staff to a new part of the world.

Comments and discussion?

Greg

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--
Dwi Elfrida MS

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