[CCWG-ACCT] The big test of effective accountability

[Eric Brunner-Williams]

On 1/29/15 6:10 AM, Avri Doria wrote:
> Personally I am not looking for judgement that is beyond the process.
>
> Also, I do believe that currently ICANN is run on a CEO top-down 
> notion of judgement, and the reintroduction and repair of process is 
> what is needed.  Not more great men of vision.

Seconded.

And to comment substantively on Kieren's comment, the Green and White 
Papers proposed to transform a monopoly, arising from the competitive 
tender resulting in the transfer of th NIC function from SRI to a small 
company in Virginia, to a competitive market. The USG did not carry out 
steps sufficient to substantively reduce the market power of the 
incumbent monopoly operator, which reasonably used its market powers, 
its position as the sole source of sufficient revenues, and its access 
to the American legal system to ensure the preservation of its market power.

Complaining about the Courts and the formalism of legal proceedings 
without recognizing the ability of parties with substantial resources -- 
starting with the government's former single-source supplier of domain 
services for most of the rfc1951 namespaces not delegated to "Friends of 
Jon" -- to initiate suits (and in particular, to trigger the test of 
whether or not the Corporation is, or is not, exercising rule making 
authority delegated by an agency of Government) mistakes the effect for 
the cause.

Eric Brunner-Williams
Eugene, Oregon