[CWG-RFP3] Policy authority

[Burr, Becky]

The IANA Functions contract between the DOC and ICANN is going away.
ICANN has two work streams as a result:

1) The IANA Functions transition track to decide what needs to be put in
place to ensure that the IANA functions continue to be performed in a
responsible manner.  I have attached the SOW for the IANA Functions
Contract.  These functions - as the contact states explicitly - are
OPERATIONAL and NOT POLICY.  In fact, the SOW states (in C.1.1
Separation of Policy Development and Operational Roles) that the
"Contractor shall ensure that designated IANA functions staff members will
not initiate, advance,or advocate any policy development related to the
IANA functions.²

2) The Accountability track to decide what needs to be put in place as a
substitute for the general ³stewardship² authority that the DOC retained
as a result of the IANA Functions Contract. That is just a fancy way of
saying that the power to take away the IANA functions contract gave the
DOC some ability to influence ICANN work beyond the IANA functions.
Issues related to the ³Policy² authority, IMHO, belongs in this track.







J. Beckwith Burr
Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
1775 Pennsylvania Avenue NW, Washington, DC 20006
Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
becky.burr at neustar.biz / www.neustar.biz






On 11/18/14, 3:51 PM, "Malcolm Hutty" <malcolm at linx.net> wrote:

>
>On 18/11/2014 20:30, Gomes, Chuck wrote:
>> Guru/Malcolm,
>> 
>>  
>> 
>> Please show me where in the CWG charter we are tasked with doing
>> anything with regard to the Policy Authority.
>
>Chuck,
>
>In broad terms, my answer to your question is contained in the reply I
>have just sent to Alan's e-mail.
>
>In narrower terms, I contend that the task the community has been set by
>NTIA is to produce an acceptable and adequate proposal for how the
>community will take on the stewardship role when the NTIA steps back.
>
>This CWG exists to coordinate that part of the draft transition proposal
>that relates to the NTIA's historic role in respect of the DNS.
>
>The controlling tasking here comes from the NTIA transition
>announcement; anything else is subsidary. If the CWG charter is
>narrower, and prevents us producing an adequate and acceptable response
>to the NTIA challenge to the community, then the charter is wrong and
>should be changed.
>
>Let me reiterate that I am not arguing that we should be discussing
>whether to transfer gTLD policy authority away from ICANN. I don't
>believe that should happen. However I do believe that it is within scope
>to ask what fundamental requirements should be laid upon ICANN as a
>condition of it holding such policy authority, and it is within scope to
>consider how those requirements should be enforced when the NTIA is no
>longer available to do so.
>
>Malcolm.
>
>-- 
>            Malcolm Hutty | tel: +44 20 7645 3523
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