[CWG-Stewardship] [client com] Fwd: Initial Discussion Draft on Transition Models

[Seun Ojedeji]

Hi Greg,

FWIW a response to my omments from client committee(legal firm) would be
required. However, their formal +1 from them on Milton's response would
also suffice as well ;-)

Thanks

On Tue, Apr 7, 2015 at 4:59 PM, Greg Shatan <gregshatanipc at gmail.com> wrote:

> Response to email just sent.
>
> Greg
> ---------- Forwarded message ----------
> From: Milton L Mueller <mueller at syr.edu>
> Date: Tue, Apr 7, 2015 at 10:35 AM
> Subject: Re: [CWG-Stewardship] Initial Discussion Draft on Transition
> Models
> To: Seun Ojedeji <seun.ojedeji at gmail.com>, Lise Fuhr <lise.fuhr at difo.dk>
> Cc: "cwg-stewardship at icann.org" <cwg-stewardship at icann.org>
>
>
>  Seun
>
>
>
> A quick observation; the legal separation option does not seem to include
> advantages/disadvantages like the functional separation.
>
> MM: Actually it does. The discussion draft makes it clear that the legal
> separation is used as the benchmark, and then compared to functional
> separation. Thus, the “advantages” of functional separation are the
> “disadvantages” of legal separation, and the “disadvantages” of functional
> separation are the “advantages” of legal separation.
>
> After reviewing these pros and cons, I think the only substantive
> advantage of functional separation is this one:
>
> “Avoids the need to create another layer of governance and accountability
> at the IANA level and associated complexity; the focus can be on ICANN
> governance and accountability.”
>
> But this alleged advantage is a mirage. It would be nice to avoid
> governance problems. But of course, the easiest way to avoid complexity and
> governance would be to have no accountability at all.
>
> This ‘disadvantage’ of legal separation is really its chief advantage. The
> reforms of ICANN governance and accountability that come from the CCWG will
> be reforms oriented to its policy making process, not IANA operations.
> ICANN is dominated by the policy making process for domain names and the
> administration of its contracts with registries and registrars – it
> accounts for 95% of its budget. IANA is a tiny part of ICANN’s overall
> enterprise. Internal reforms of ICANN governance and accountability are
> going to be focused on making sure that the policies passed by the board
> reflect the preferences of its stakeholder groups. Unless there are
> governance and accountability reforms _*specifically targeting IANA
> operations*_ the general ICANN CCWG process will do nothing for IANA. And
> if those specific governance and accountability reforms for IANA are put
> into place in an internal solution – voila – you have the same additional
> “complexity” and additional layers of governance that you have in the legal
> separation. So there is really no gain in simplicity from an internal
> option.
>
> Let’s bite the bullet and do it right. Legal separation is a requirement.
>
> _______________________________________________
> CWG-Stewardship mailing list
> CWG-Stewardship at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>
>
>
>
> --
>
> *Gregory S. Shatan **ï* *Abelman Frayne & Schwab*
>
> *Partner* *| IP | Technology | Media | Internet*
>
> *666 Third Avenue | New York, NY 10017-5621*
>
> *Direct*  212-885-9253 *| **Main* 212-949-9022
>
> *Fax*  212-949-9190 *|* *Cell *917-816-6428
>
> *gsshatan at lawabel.com <gsshatan at lawabel.com>*
>
> *ICANN-related: gregshatanipc at gmail.com <gregshatanipc at gmail.com>*
>
> *www.lawabel.com <http://www.lawabel.com/>*
>
> _______________________________________________
> Cwg-client mailing list
> Cwg-client at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-client
>
>


-- 
------------------------------------------------------------------------





*Seun Ojedeji,Federal University Oye-Ekitiweb:      http://www.fuoye.edu.ng
<http://www.fuoye.edu.ng> Mobile: +2348035233535**alt email:
<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
<seun.ojedeji at fuoye.edu.ng>*

The key to understanding is humility - my view !
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-stewardship/attachments/20150407/35000187/attachment-0001.html>