[CCWG-ACCT] Fwd: FW: ICANN Board Comments on Third CCWG-Accountability Draft Proposal on Work Stream 1 Recommendations

[william currie]

+1 Becky, well-stated.

On Wednesday, December 16, 2015, Burr, Becky <Becky.Burr at neustar.biz> wrote:

> I believe, as Bruce indicated, that ICANN¹s counsel has long taken the+
> position that ICANN is not a ³regulator² period.  I think we could agree
> that ICANN doesn¹t have the kind of statutory grant of authority that
> sovereigns usually confer on formal regulatory bodies, but to me that is
> enormously irrelevant.  ICANN regulates - the New gTLD Application
> Guidebook reflected bottom up policy making supplemented with implementing
> ³rules.²  Just because no one is forced to apply for a new gTLD doesn¹t
> eliminate the regulatory role played by ICANN when it comes to registries
> and registrars.
>
> So the question - and it is an important question - is what is the scope
> of ICANN¹s regulatory authority.  As I¹ve said more than a few times, the
> scope of that authority is the picket fence.
>
> I would be shocked if Bruce was to report that ICANN would agree to a
> prohibition on ³regulation² - and I don¹t think anything that the CCWG has
> done so far asks for that.  Rather, the reference in the Board comments is
> likely just a reiteration of counsel¹s oft-repeated but IMHO meaningless
> assertion that ICANN does not have formal regulatory authority granted by
> a sovereign.
>
> If it walks like a duck etc.
>
>
> J. Beckwith Burr
> Neustar, Inc. / Deputy
> General Counsel & Chief Privacy Officer
> 1775 Pennsylvania Avenue NW, Washington D.C. 20006
> Office: +1.202.533.2932  Mobile: +1.202.352.6367 / neustar.biz
> <http://www.neustar.biz>
>
>
>
>
> On 12/16/15, 2:23 PM, "Avri Doria" <avri at acm.org <javascript:;>> wrote:
>
> >
> >
> >On 16-Dec-15 05:27, Bruce Tonkin wrote:
> >> (2) ICANN is not a regulator, and does not regulate content through
> >>these contracts.
> >
> >doesn't this just mean it is not a content regulator without indicating
> >that it is not a regulator in any other aspect of the role?
> >
> >avri
> >
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