[CCWG-ACCT] Board comments on the Mission statement

[David Post]

Bruce

One question:  The Board suggests that if language i adopted that 
says "ICANN shall not impose regulations on services (i.e., any 
software process that accepts connections for the Internet) that use 
the Internet's unique identifiers, or the content that such services 
carry or provide ..." there might be some existing registry 
agreements that would be "out of compliance with ICANN's 
responsibilities."  I'd be curious to know what the Board is 
concerned with there - what parts of which registry agreements might 
be affected (and made non-compliant) by this language?

With respect to that same "regulations on services" language, the 
Board says that it is "unclear," and asks for "some examples of what 
the CCWG believes that ICANN should and should not be able to do."

I agree that the "services" language isn't clear at the 
moment.  Here's my attempt to capture the point that I think is being 
made:  ICANN should not be allowed to impose -- directly or 
indirectly, via its contracts -- obligations on persons or entities 
whose only connection to the DNS is that they use a domain name for 
Internet communication.

I think it's pretty straightforward.  I use a domain name 
(davidpost.com) for Internet communication.  The idea -- and I think 
pretty much everyone agrees with this? - is that ICANN can't impose 
any obligations on me that affect how I operate the site, what 
content I host or don't host, what goods or services I can or cannot 
offer, what billing system I use for those goods and services, what 
anti-virus software I install, ... It can't do that directly (by 
imposing some contract terms on me itself) or indirectly  (by getting 
3d parties like the registries or registrars to impose the obligations on me).

Registries and registrars, of course, are not entities "whose only 
connection to the DNS is that they use a domain name for Internet 
communication," so this clause shouldn't affect ICANN's ability to 
impose obligations on them (which remains limited by other portions 
of the Mission Statement).

David



David



At 02:12 AM 11/19/2015, Bruce Tonkin wrote:
>Hello All,
>
>The Board has been considering the CCWG Update on Progress Made In 
>and After ICANN54 in Dublin published on 15 Nov 2015.
>
>The Board information call today considered the changes to the 
>mission statement identified in that update.
>
>Attached is the Board's preliminary comments on the mission 
>statement part of the Dublin update report.   As we review the 
>remainder of that Update, we'll send through additional comments.
>
>Regards,
>
>Bruce Tonkin
>
>ICANN Board Liaison to the CCWG
>
>
>
>_______________________________________________
>Accountability-Cross-Community mailing list
>Accountability-Cross-Community at icann.org
>https://mm.icann.org/mailman/listinfo/accountability-cross-community

*******************************
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