[CWG-Stewardship] Legal Mechanisms for Governing the Transition of Key Domain Name Functions (CIGI/Paper)
Robert Guerra
rguerra at privaterra.org
Wed Nov 26 15:47:04 UTC 2014
The Global Commission on Internet Governance released a paper yesterday
on "Legal Mechanisms for Governing the Transition of Key Domain Name
Functions to the Global Multi-stakeholder Community".
Below is a link to the paper.
http://www.cigionline.org/sites/default/files/gcig_paper_no3.pdf
regards
Robert
Global Commission on Internet Governance Paper No. 3
SERIES: GLOBAL COMMISSION ON INTERNET GOVERNANCE PAPER SERIES
BY: AARON SHULL, PAUL TWOMEY, AND CHRISTOPHER S. YOO
PUBLISHED: NOVEMBER 26, 2014
The US government has announced that it is prepared to unilaterally
relinquish its historical control of the key technical functions that
make up the modern-day Internet. This control stems from the
foundational role played by the United States in the creation of the
Internet, and has been exercised through the law of contract over the
Internet Corporation for Assigned Names and Numbers (ICANN). Under the
existing contractual arrangement, ICANN has been accountable to the US
government for the performance of these functions. However, if the US
government is no longer party to this agreement, then to whom should
ICANN be accountable?
This paper, from CIGI and Chatham House’s Global Commission on Internet
Governance, examines the existing contractual obligations that make up
many of the core tenets of contemporary multi-stakeholder Internet
governance. The authors maintain that these core principles should be
preserved during the changeover by, first, transitioning the existing
contractual accountabilities held by the US government through the law
of contract to the existing customers of Internet Assigned Numbers
Authority services, creating direct accountability for the performance
of those functions between the organization performing those services
and the organizations using them. And second, in order to increase
support within the broader community, modest revisions could be made to
ICANN’s independent review process to expand the grounds of review,
allowing the review tribunal to hear additional cases on a broader range
of complaints, with expanded powers of administrative review of
decision-making processes.
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