[CCWG-ACCT] The big test of effective accountability

[Steve DelBianco]

Eric — Your first question helps make my point: After the USG lets of of IANA contract leverage, there is nothing they could do to hold ICANN to the Affirmation of Commitments.

As to your second question:

Within a year of signing the AoC, Peter Dengate Thrush told a group of EU Representatives that he saw the Affirmation as a temporary arrangement ICANN would like to eventually terminate.  (22-Jun-2010, at a dinner hosted by the European Internet Foundation in Brussels).

At a breakfast with the entire Board the next day, I asked ICANN board members if the commitments in the Affirmation should be permanently adopted as part of ICANN's official charter.  One board member immediately disagreed, saying the AoC made no commitments that weren't already in ICANN's bylaws.  I responded that the Affirmation includes important new commitments in paragraphs 3, 4, 7, and 8 – even before we get to the periodic reviews required in paragraph 9.




From: Eric Brunner-Williams <ebw at abenaki.wabanaki.net<mailto:ebw at abenaki.wabanaki.net>>
Date: Thursday, January 29, 2015 at 5:30 PM
To: Jordan Carter <jordan at internetnz.net.nz<mailto:jordan at internetnz.net.nz>>
Cc: Accountability Cross Community <accountability-cross-community at icann.org<mailto:accountability-cross-community at icann.org>>
Subject: Re: [CCWG-ACCT] The big test of effective accountability

Steve, Jordan, and anyone else so inclined,

Would you care to offer your best guess(es) as to the response of the Government of the United States were the Corporation to engage in the course of conduct proposed?

I suspect it would look suspiciously similar to something we've seen before, http://www.ntia.doc.gov/files/ntia/publications/fr_ianafunctionsnoi_02252011.pdf

Have either of you (or others sharing the concern expressed by Steve and Jordan) any indication that the Board is or ever has considered unilateral termination of the AoC?

Eric Brunner-Williams
Eugene, Oregon

On 1/29/15 2:14 PM, Jordan Carter wrote:

On 30 January 2015 at 11:07, Eric Brunner-Williams <ebw at abenaki.wabanaki.net<mailto:ebw at abenaki.wabanaki.net>> wrote:
On 1/29/15 1:58 PM, Steve DelBianco wrote:
Okay, so Jonathan exaggerated a bit by saying we have zero accountability today.  But Avri admits we have no mechanisms that are binding on the board. And Avri cites the AoC, which can be canceled by ICANN at any time.

Would you be so kind as to offer support for this ... peculiar claim?


From section 11 of the AOC:

"Any party may terminate this Affirmation of Commitments by providing 120 days written notice to the other party."

https://www.icann.org/resources/pages/affirmation-of-commitments-2009-09-30-en

duckduckgo.com<http://duckduckgo.com> is often your friend.

Jordan


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Jordan Carter

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