[CWG-Stewardship] Draft of Principles

[Guru Acharya]

Avri,

While I wholeheartedly agree that separability is required (either as a
solution or principle), I believe that the following caveat needs to be
noted.

By arguing for separability of IANA from ICANN, you may be unknowingly
arguing that the organisational structures for the names community should
perpetually reside in ICANN.

I could instead argue for separability of the names community from ICANN
(with IANA non-separable and perpetually residing in ICANN) and still
achieve the same end objective as yours.

Ideally, the principles should somehow require the separability of both the
IANA functions and the names community from ICANN.

NTIA, using the IANA functions contract (and specifically the response of
ICANN to NTIA's RFP that is incorporated into the contract by reference),
could have ensured transfer of the names community from ICANN as well.

The framing of the debate has somehow limited our thinking to only
separability/transferrability of the IANA functions - forcing us to not
even contemplate that even the names community may want to shift its
organisational structures away from ICANN.

Regards,
Guru
 Hi,

While actual separation and the means of implementing that separation may
be solutions, I am strongly of the opinion that the potential to separate
MUST be a principle any solution is built on.  It may never be exercised,
but it would be unacceptable for there to be a solution that prohibited or
did not otherwise allow any possible future separation of the function from
ICANN.

This is one of several principles I feel I must personally argue for
persistently, and without which any solution would be unsatisfactory.

avri


On 05-Nov-14 10:45, Guru Acharya wrote:

Avri,

While I agree that separability should be a part of the solution, I don't
think it can be made a principle.

There are many who want IANA to perpetually reside in ICANN. They believe
that self regulation will ensure accountability and that the need for
separability does not exist.

Therefore, separability may be a component of your solution rather than a
principle for all solutions.

Regards,
Guru
On 5 Nov 2014 04:00, "Avri Doria" <avri at acm.org> <avri at acm.org> wrote:


  Hi,

Comments:

 a.       *Oversight, accountability and transparency*:  the service
should be accountable and transparent.


I see no reason to include the term 'oversight' here.

                      i.      *Independence of oversight*:  Oversight
should be independent of the IANA functions operator and should assure the
accountability of the operator to the (inclusive) global multi-stakeholder
community;


I recommend removing this as a principle for the following reasons:

a. I do not think oversight is a principle, but one possible solution to
the accountability issue.
b. if 'oversight' is a component of the solution, I do not understand how
it is independent of the stakeholders to whom ICANN is also accountable, so
the notion of 'Independence' is not a principle I understand in this case.
Yes any possible oversight mechanism should be independent of ICANN
corporate, but I do believe it is accountable to the same stakeholders as
is ICANN.

I think we need a specific principle on accountability in this section:

Accountability: Post transition accountability on the IANA Stewardship
function should be to the Internet stakeholder community.

I also think we need to add a principle called separability

Separability: In the event that the ICANN corporation, or any of its
subsidies, remains responsible for the IANA functions after the transition
of stewardship, it should remain possible for a well formed review and
contracting granting authority to reassign the IANA function to a new IANA
service provider(s).  The power of removing the function to a different
operator should persist through any future transfers of the the IANA
function(s)

Under (c.) I recommend that we include the principle that service levels
be subject to independent audit, with results published for review by the
Internet community on an annual basis.

thanks

avri






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