[CCWG-ACCT] The big test of effective accountability

Fri Jan 30 00:36:00 UTC 2015

Agreeing with Keith and Jordan.

(Sidebar: Atho it may not be appropriate to introduce here, we should consider some persistent rights for NTIA post transition, such as:  Would they have the ability to review or block future re-delations of IANA, if ICANN (or whomever) attempted this a few years after the transition?  If not, how can we ensure that the principles in the March 2014 announcement follow any future delegations/redelegations?)

Thank you,

J.
____________
James Bladel
GoDaddy

On Jan 29, 2015, at 16:47, Drazek, Keith <kdrazek at verisign.com<mailto:kdrazek at verisign.com>> wrote:

Exactly.

How would NTIA re-tender the IANA functions contract after it ceases to be a counter-party post-transition? This is precisely why our CCWG Accountability exists.

The AoC is voluntary and unless the key accountability & transparency components are incorporated into the by-laws (among other reforms) BEFORE transition, there will be nothing holding ICANN to those commitments AFTER transition.

Is this not apparent?

Keith

From: accountability-cross-community-bounces at icann.org<mailto:accountability-cross-community-bounces at icann.org> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Jordan Carter
Sent: Thursday, January 29, 2015 5:41 PM
To: Eric Brunner-Williams
Cc: Accountability Cross Community
Subject: Re: [CCWG-ACCT] The big test of effective accountability

Eric:

I think the USG would be highly displeased.

For what it is worth, I think that the accountability created by the NTIA contract, and the fact that the USG is seeking to end that arrangement, is why we are all having this conversation in the first place.

Without the contract, what do you think the USG would do?

The point is not whether the Board intends or does not intend to end the AOC. I have no doubt it has no such desire.

The point is, in the post-NTIA-contract world, what would we want to be able to do about it?
best
Jordan

On 30 January 2015 at 11:30, Eric Brunner-Williams <ebw at abenaki.wabanaki.net<mailto:ebw at abenaki.wabanaki.net>> wrote:
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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InternetNZ

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Skype: jordancarter

To promote the Internet's benefits and uses, and protect its potential.
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