[CWG-RFP3] Policy authority

Burr, Becky Becky.Burr at neustar.biz
Wed Nov 19 01:20:26 UTC 2014


NTIA plays a role in policy development through the GAC and through the
Affirmation of Commitments.  The existence of the IANA Functions contract
gave the DOC some general leverage over ICANN outside of the IANA context,
including in policy development - that is the ³general stewardship role²
that is to be addressed in the accountability track but not here.


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, 5:05 PM, "Gomes, Chuck" <cgomes at verisign.com> wrote:

>Malcolm,
>
>Let me then rephrase my question.  Where in the NTIA request do they
>address the policy development authority?  And let me also ask, what role
>does NTIA as IANA functions operator currently play with regard to policy
>development?
>
>It is true as laid out in the draft proposals for RFP Sections 1 and 2A
>that policy development for delegation and re-delegation of TLDs is a
>critical part of the overall process preceding performance of the IANA
>functions and hence there needs to be accountability for the development
>and implementation of policy and maybe that is your point.
>
>Note also that the charter includes the NTIA requirements by reference
>and listing the requirements so I don't think there is a conflict with
>the two documents, but if there is, you are right, we should fix that.
>
>Chuck
>
>
>-----Original Message-----
>From: Malcolm Hutty [mailto:malcolm at linx.net]
>Sent: Tuesday, November 18, 2014 6:52 PM
>To: Gomes, Chuck; Guru Acharya
>Cc: RFP3
>Subject: Re: [CWG-RFP3] Policy authority
>
>
>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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