[CWG-Stewardship] NTIA's Role in Root Zone Management

[Gomes, Chuck]

David,

Yes, for the companies you mentioned there was substantial and in some cases total destruction of these companies' brands and shareholder value as a result of accountability mechanisms not being followed.  However, as a direct result of the recognition that there was insufficient oversight, control, and governance; additional accountability reforms such as Sarbanes Oxley and Dodd Frank were put in place to help prevent these mistakes from reoccurring.  As Milton points out, while these happened, there were consequences because there were accountability mechanisms, laws, etc., in place because shareholders sued and most of the folks responsible are in jail.  WorldCom's directors - ten of them - were ordered by a court to pay $18 million of *their own money* -no insurance- to settle a class-action shareholder suit. And Bernard Ebbers, WorldCom's CEO, is still serving his 25 year prison term. Is there stronger accountability than that?

I am sure you know that such problems are not unique to for-profit companies.  If not, I suggest that you add FIFA to your list: http://www.nytimes.com/2014/06/08/opinion/sunday/throw-fifa-out-of-the-game.html?_r=0 .

But I also do not see the value in arguing back and forth with regard to specific organizational failures except to illustrate why the community wants to ensure that ICANN accountability minimizes the risks of those kinds of failures.  You apparently think that ICANN's accountability measures are sufficient; many in the community disagree and are working to find ways to improve accountability.  This includes ICANN's own board of directors and the NTIA.  As to why I think improved accountability is needed I refer you to an article published a few years ago by Thomas Lenard and Lawrence White titled 'Improving ICANN's Governance and Accountability: A Policy Proposal' (http://techpolicyinstitute.org/files/improving%20icanns%20governance%20and%20accountability1.pdf ).  In particular, I call your attention to Table 2 in the article that compares ICANN accountability to accountability in corporations, governments and non-profits.

Chuck

-----Original Message-----
From: cwg-stewardship-bounces at icann.org [mailto:cwg-stewardship-bounces at icann.org] On Behalf Of David Conrad
Sent: Monday, January 19, 2015 10:59 PM
To: Milton L Mueller
Cc: cwg-stewardship at icann.org
Subject: Re: [CWG-Stewardship] NTIA's Role in Root Zone Management

Milton,

Outside of my area of expertise, but I'm a bit surprised:

>The point is that private companies have much stronger, better 
>accountability arrangements than ICANN.

So you honestly believe the accountability arrangements for Enron, Waste Management, Stanford Financial, Country Wide, Worldcom, Tyco, HealthSouth, FreddieMac, AIG, Lehman Brothers, Bernie Madoff LLC., Saytam, Parmalat, Baninter, Olympus, Recruit, Adelphia, etc., etc., ad nauseum, are better than ICANN's?

Regards,
-drc